Definitions

Consent is two or more people agreeing to do the same thing, in the same way, at the same time

Sexual activity requires consent, defined as words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity.

Consent cannot be gained by force, intimidation, or coercion, by ignoring or acting despite objections of another, or by taking advantage of the incapacitation of another, where the Respondent knows or reasonably should have known of such incapacitation.

Consent is also absent when the activity exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent.

Consent can only be accurately gauged through direct communication about the decision to engage in sexual activity. Presumptions based upon contextual factors (such as clothing, alcohol consumption, or dancing) are unwarranted and should not be considered evidence for consent.

Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent, and you are thus urged to seek consent in spoken form. Talking with sexual partners about desires and limits may seem awkward, but it serves as the basis for positive sexual experiences shaped by mutual willingness and respect.

Minors under the age of 16 cannot legally consent under Georgia law.

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. The existence of such a relationship shall be determined based on the totality of the circumstances including, without limitation to: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.

Violence committed by a current or former spouse or intimate partner of the alleged victim; by a person with whom the alleged victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the alleged victim.

Any physical contact with another person of a sexual nature without the person's consent. It includes but is not limited to the touching of a person's intimate parts (such as genitalia, groin, breasts, or buttocks); touching a person with one's own intimate parts; or forcing a person to touch his or her own or another person's intimate parts. This provision also includes “Fondling” as defined by the Clery Act.

Any penetration of the vagina, anus, or mouth by a penis, object, tongue, finger, or other body part; or contact between the mouth of one person and the genitals or anus of another person. This provision also includes “Rape, Incest, and Statutory Rape” as defined by the Clery Act.

Taking nonconsensual or abusive sexual advantage of another for one's own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited. Examples of sexual exploitation may include, but are not limited to, the following:

• Invasion of sexual privacy;
• Prostituting another individual;
• Nonconsensual photos, video, or audio of sexual activity;
• Nonconsensual distribution of photo, video, or audio of sexual activity, even if the sexual activity or capturing of the activity was consensual;
• Intentional observation of nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts;
• Knowingly transmitting an STD or HIV to another individual through sexual activity;
• Intentionally and inappropriately exposing one's breasts, buttocks, groin, or genitals in nonconsensual circumstances; and/or
• Sexually-based bullying.

Unwelcome verbal, nonverbal, or physical conduct, based on sex (including gender stereotypes), determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to participate in or to benefit from a University education program or activity.

Unwelcome verbal, nonverbal, or physical conduct, based on sex (including gender stereotypes), that may be any of the following:

• Implicitly or explicitly a term or condition of employment or status in a course, program, or activity;
• A basis for employment or educational decisions; or
• Is sufficiently severe, persistent, or pervasive to interfere with one's work or educational performance creating an intimidating, hostile, or offensive work or learning environment, or interfering with or limiting one's ability to participate in or to benefit from a University program or activity.

UNG also prohibits unwelcome conduct determined by a Reasonable Person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a University education program or activity in violation of Title IX.

Engaging in a course of conduct directed at a specific person that would cause a Reasonable Person to fear for their safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with person's property.

Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.