N.Y. Education Law § 6441: Affirmative consent to sexual activity

§ 6441. Affirmative consent to sexual activity. 1. Every institution

shall adopt the following definition of affirmative consent as part of

its code of conduct: "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."

2. Each institution's code of conduct shall reflect the following

principles as guidance for the institution's community:

a. 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.

b. Consent is required regardless of whether the person initiating the

act is under the influence of drugs and/or alcohol.

c. Consent may be initially given but withdrawn at any time.

d. 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.

e. Consent cannot be given when it is the result of any coercion,

intimidation, force, or threat of harm.

f. When consent is withdrawn or can no longer be given, sexual

activity must stop.