University of Maine Adopts ‘Affirmative Consent’ – But No ‘Ongoing’ Requirement

November 18, 2014

By Greg Piper at The College Fix

Students at the University of Maine will be operating under a new sexual-consent policy following a vote by the board of trustees Monday, WGME 13 reports.

The new policy notably does not require that consent be “ongoing,” one of the criticisms of California’s new law for campus sex. It reads in full:

Consent is agreement to engage in sexual contact. Consent must be informed, freely and actively given, and consist of a mutually agreeable and understandable exchange of words or actions. Consent is clear, knowing and voluntary. Consent is active, not passive. Consent may be withdrawn at any time. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and conditions of) sexual activity. Past consent does not imply future consent. Consent to engage in one form of sexual activity does not imply consent to engage in any other sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with any other person.

But the new Maine policy appears to crib much of the language from the State University of New York’snew consent policy, earlier faulted by the Foundation for Individual Rights in Education as being just as confusing as California’s ongoing-consent requirement.

Robert Dana, UMaine vice president of academic affairs, told WGME 13: “The more talk you get, the better it is, because the clarity sort of emerges.”

Schools: University of Maine