Do You Have Consent?
Understanding how FGCU defines sexual misconduct and consent is an important step for all of our community members.
Under FGCU policy, sexual misconduct and sexual assault including rape are a form of sexual harassment. This includes consent issues, sexual assault, rape, sexual violence, sexual misconduct, and sexual harassment.
Did You Know?
Students who report sexual misconduct will not be disciplined for drug or alcohol possession or consumption policy violations connected to the incident they report.
Consent at FGCU
What is Consent?
Consent is the mutual assent by words or actions to engage in a particular sexual activity that must be made voluntarily and competently by all parties.
- In order for consent to be given voluntarily, it must be free from threat, force, intimidation, extortion, and undue influence.
- In order for consent to be given competently, all parties must have the capacity to consent. If one or more of the parties is incapacitated due to, among other things, drug or alcohol use, then that person(s) lacks the necessary capacity, and thus the competency required to consent.
- If a person is under the statutory age of Consent, they lack the competency to Consent.
- Consent is ongoing and can be revoked at any time. Consent for a prior sexual activity does not inherently give Consent for future sexual activities. If a person wishes to revoke Consent, they must communicate through words or actions that they no longer Consent to the sex act.
What Requires Consent?
What requires consent? Some examples include:
- Sexual Intercourse
- Oral Sex
- Kissing
- Fondling/Sexual Touching
- Use of Protection
- Recording of Sexual Acts
- Taking Explicit Photos
- Sharing Explicit Photos and/or Video/Audio Recordings
Sexual Exploitation
Taking, sending, and sharing sexually explicit videos, photos, and social media posts all require consent. Before you send that snap, consider if you have consent from all involved parties.
Examples
- Exposing your or another person’s intimate parts without their consent
- Recording or photographing sexual activity without consent
- Sharing audio, video or photos of sexual acts without consent
- Voyeurism
