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An individual is incapacitated if it is demonstrated that the individual was unaware at the time of the incident where they were, how they got there, or why or how they became engaged in a sexual interaction.
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.
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.
Boise State University Policy # 1065 Effective Date: April 1, 2014 Revised: March 2015; February 2017; October 2017 Purpose: To detail the University’s commitment to providing an employment, learning and campus-living environment free from sex and gender-based discrimination, harassment, and violence.
Additional Authority: -Title VII of the Civil Rights Act of 1964 -The Pregnancy Discrimination Act -Title IX of the Education Amendments of 1972 -The Age Discrimination in Employment Act of 1976 -The Equal Pay Act of 1963 -The Americans with Disabilities Act of 1990 as amended -The Violence Against Women Act of 1994, as reauthorized in 2000, 2005, and 2013 -The Genetic Information Nondiscrimination Act of 2008 -The Vietnam Era Veterans’ Readjustment Assistance Act -The Family Educational Rights and Privacy Act of 1974 (FERPA) -Executive Order 11246 -The Idaho Human Rights Act; -The Higher Education Act of 1965 as amended by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act -Idaho Code Sections 18-918, 18-1506, 18-1508, 18-1601, 18-6101, 18-6108, 18-6608, 18-7905, 18-7906, 39-6303 -Idaho Executive Order 2007-18 -University Policy 1060 (Non-discrimination and Anti-harassment) -University Policy 2020 (Student Code of Conduct) Scope: This policy applies to all University employees, students, and visitors to the University as well as anyone participating in a University sponsored activity (collectively “Members of the University Community”).
Some persons listed might no longer be registered offenders and others might have been added.
Some addresses or other data might no longer be current.
Neither silence, the absence of resistance, nor the existence of a prior consensual sexual relationship are sufficient to indicate consent.
A person who is incapacitated by alcohol or illegal or prescription drugs, unconscious, or asleep cannot give consent.
Agreement to engage in a course of conduct shall not be considered as freely given, and shall not constitute consent, when it is obtained through harassment, coercion, threats, or other forcible conduct.Tags: Adult Dating, affair dating, sex dating