Affirmative consent applies to Title IX campus sexual misconduct cases. At colleges and universities the expectation would be on the party seeking to be intimate or sexual with another party to obtain their affirmative consent as the name implies. What that means is that you have to get the other party's say verbal consent or consent through other means, such as specific body language or action. Passivity or the passiveness of the other party would not count towards affirmative consent. It has to meet a higher standard in that regard. Many young people get into trouble with respect to Title IX sexual misconduct because they take steps or are intimate with a party without obtaining their affirmative consent. Many campus sexual assault cases turn on consent and it's critical that consent be met at every step of the process. Say, for example, former sexual activity would not provide consent for later sexual activity. It's a very complicated consideration. An experienced attorney advisor needs to be involved in the process to help navigate and to help provide an understanding as to what is needed to articulate consent if you're charged with a Title IX sexual misconduct offense.
What are affirmative consent policies?
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