When considering the issue of consent to sexual activity, it is important to be mindful that the University requires students and employees to conduct themselves in accordance with a traditional and biblical code of sexual behavior as understood and defined by the University and the Baptist General Convention of Texas (BGCT) with whom the institution is affiliated and legally controlled. More information about the official code of sexual behavior can be found in the University Statement on Sexuality and Gender.
The following definitions clarify key terminology as used throughout the policy.
Consent: Consent is the voluntary, informed, and freely given agreement, through words and/or actions, to participate in mutually agreed-upon sexual acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate.
Consent cannot be obtained through physical force or where there is a reasonable belief of the threat of physical force, when one person overcomes the physical limitations of another person, or by taking advantage of another person’s incapacitation.
Under Texas law, individuals younger than 17 years of age are legally incapable of giving consent to sexual penetration or contact by an adult (someone 18 years of age or older) who is three or more years older.
Incapacitation: Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if they demonstrate that they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in a sexual interaction.
When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. Alcohol and other drugs affect each individual differently, and determining whether an individual is incapacitated requires an individualized determination.