Harassment and Sexual Misconduct Resources

Hamilton College prohibits harassment, which is defined as:

Verbal or physical conduct based on a person’s race, color, religion, creed, ethnicity, gender or gender identity, age, sexual and affectional orientation/associations, or mental/physical disabilities that is sufficiently severe, pervasive, persistent or patently offensive that it has the purpose or effect of unreasonably interfering with that person’s work or academic performance, or that creates an intimidating, hostile, or offensive working, educational, or living environment, from both a subjective (the complainant’s) and an objective (any reasonable person’s) viewpoint.

Hamilton College prohibits sexual misconduct, which includes:

1. Sexual Harassment
2. Non-Consensual Sexual Contact
3. Non-Consensual Sexual Act
4. Sexual Exploitation 
5. Domestic Violence
6. Dating Violence
7. Stalking
8. Retaliation

The importance of affirmative consent

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.  Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

1. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
3. Consent may be initially given but withdrawn at any time.
4. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
5. When consent is withdrawn or can no longer be given, sexual activity must stop.
6. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.

Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.