Circumstances in which a person CANNOT legally give consent:
(No matter what he or she might verbalize):
•
Severely intoxicated or unconscious as a result of alcohol or drugs
•
Physically or developmentally disabled
•
Once a person says "no." It does not matter if sexual behavior has happened in the past, or
what kind of activity has occurred in the current event, earlier that day, or daily for the past
six months. It does not matter if it is a current long-term relationship, a broken relationship,
or marriage. If one partner says "no," and the other forces penetration, it is sexual assault.
•
The victim is under the age 13 or is elderly.
If consent is not obtained prior to each act of sexual behavior (from kissing to intercourse), it
is not consensual sex.
Consensual Relationship Policy
Spelman College encourages the development of collegial and professional relationships among all
members of the College community and is committed to a learning and work environment of civility
and mutual respect. Romantic and/or sexual attention, interaction, or relationships between certain
categories of individuals undermine the fundamental educational purpose of the College and disrupt
the workplace and academic environment.
The faculty-student relationship is one of trust in the College and the faculty member has the
professional responsibility for being a mentor, educator, and evaluator. Faculty-student and
staff-student romantic and/or sexual attention, interaction, or relationships, even consensual ones
interfere with a student’s pursuit of learning and the integrity of the College environment.
Applicability
This policy applies to all administrators, faculty, and staff of Spelman College. Nothing in this policy
replaces the policies on prohibited discrimination, unlawful harassment, and retaliation, or other
policies that may be triggered by conduct or relationships covered by this policy.
Definitions
Consensual Relationship –
interaction with students for a romantic and/or sexual relationship,
including but not limited to, dating, pursuing dates, and relationships of a sexual nature in which both
parties have given their consent.
Employee –
as used in this policy, the term employee includes all who are employed by the College,
including but not limited to, all categories of administrators, faculty, and staff. This policy also covers
individuals who are under contract such as independent contractors, consultants, or temporaries with
the College.
Student –
refers to anyone currently registered for courses at the College (including those students
who are cross-registered from other institutions), or completing a special project, lab(s) or senior
project(s).
Policy Among Employees and Students
Consensual relationships between employees and students are inconsistent with the mission of the
College. This type of behavior risks damaging the student’s educational experience, gives the
appearance of favoritism and impropriety, harms morale, and risks the reputation of the College.
Employees are strongly advised to exercise their best professional judgment concerning students.
The College thus prohibits consensual relationships between employees and students.
If a teaching, mentoring, or supervisory relationship exists between individuals with a current or prior
consensual relationship, the relationship must be disclosed to the provost/vice president for academic
affairs or the vice president for student affairs, and alternative teaching arrangements will be
implemented.
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