Consent:  The voluntary and explicit agreement to engage in the sexual activity in question.  It is the act of willingly agreeing to engage in specific sexual behaviour, and requires that a person is able to freely choose between two options: yes and no.  This means that there must be an understandable exchange of affirmative words, which indicates a willingness to participate in mutually agreed upon sexual activity.  It is also imperative that everyone understands the following:

• Silence or non-communication must never be interpreted as consent and a person in a state of diminished judgment cannot consent.
• A person is incapable of giving consent if they are asleep, unconscious or otherwise unable to communicate.
• A person who has been threatened or coerced (i.e. is not agreeing voluntarily) into engaging in the sexual activity is not consenting to it.
• A person who is drugged is unable to consent.
• A person is usually unable to give consent when under the influence of alcohol and/or drugs.
• A person may be unable to give consent if they have a mental disability preventing them from fully understanding the sexual acts.
• The fact that consent was given in the past to a sexual or dating relationship does not mean that consent is deemed to exist for all future sexual activity.
• A person can withdraw consent at any time during the course of a sexual encounter.
• A person is incapable of giving consent to a person in a position of trust, power or authority, such as, a faculty member initiating a relationship with a student who they teach, an administrator in a relationship with anyone who reports to that position.
• Consent cannot be given on behalf of another person.

It is the responsibility of the initiator of sexual activity to ensure clear and affirmative responses are communicated at all stages of sexual engagement. It is also the initiator’s responsibility to know if the person they are engaging with sexually is a minor.

Note:  For information purposes only, the Criminal Code defines “consent” as follows:

Consent: The voluntary agreement to engage in the sexual activity in question.  No consent is obtained, where:

1. the agreement is expressed by the words or conduct of a person other than the complainant;
2. the complainant is incapable of consenting to the activity;
3. the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
4. the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
5. the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.