Dating pressure and harrasment

A determination of Incapacitation does not turn on technical or medical definitions, but instead focuses on whether a Complainant has the ability to make informed, rational judgments and decisions including giving Consent. ” For purposes of this policy, when alcohol is involved, Incapacitation is a state beyond drunkenness or intoxication, and when drug use is involved, Incapacitation is a state of beyond being under the influence or impaired by use of the drug.Common and obvious warning signs which indicate that a person may be incapacitated or approaching Incapacitation may include: slurred or incomprehensible speech, unsteady gait, combativeness, emotional volatility, vomiting, or incontinence. A person is not incapacitated merely because they have been drinking or using drugs.Complainant – An individual who is reported to have experienced conduct prohibited by this policy, regardless of whether the individual makes a report or seeks disciplinary action.When the University believes that an individual represents an ongoing threat to the University community, but the Complainant does not want to pursue a complaint, the University may assume the role of Complainant.

Where alcohol or other drugs are involved, incapacitation is determined by how a Complainant’s decision-making capacity, awareness of consequences, and ability to make informed judgments are impacted.Quid Pro Quo – When submission to any form of Sexual Misconduct is made either explicitly or implicitly a condition of an individual’s 1) employment conditions, including, for example, hiring, firing, promotion, or pay; or 2) academic advancement, including evaluations, grades or progression.Reporter – An individual who reports alleged prohibited conduct but who is not the individual who is alleged to have experienced the prohibited conduct.Responsible Party: Office of Institutional Compliance and Ethics, 426-1258 Definitions: Coercion – To force one to act based on fear of harm to self or others.Means of coercion may include, but are not limited to, pressure, threats, emotional intimidation, or the use of physical force.

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If not, (2) Would a sober, reasonable person in the same situation have known that the other individual was incapacitated?

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