MEET YOUR CO-PRESENTER Erika Pearsol-Christie, Esq. has practiced in the areas of education, employment and labor law for the past 14 years. She is currently the Director of Employee and Labor Relation and in-house counsel with Ohio University. Prior to working with OU, Erika was a litigator in the Education Section of The Ohio Attorney General’s Office, representing Colleges and Universities; before moving to the AG’s office, Erika was a partner in a Columbus law firm and spent the first 10 years of her career representing educators in a variety of matters, including allegations of inappropriate conduct with students and co-workers.
Overview of the Three Questions 1. Was force used by the accused individual to obtain sexual access? 2. Was the victim incpacitated? Did the accused individual know, or should s/he have known that the alleged victim was incapacitated? 3. What clear words or actions by the complainant gave the accused individual permission for the specific sexual activity that took place? 41
Force Because consent must be voluntary (an act of free will), consent cannot be obtained through any type of force. If force, in any of the four forms (or other forms as defined in your policy), was used, stop here. You are done. The policy has been violated. Consent and incapacity are irrelevant at this point. 43
Consent The Consent question: What clear words or actions by the complainant gave the accused individual permission for the specific sexual activity that took place? Consent Is: Informed (knowing) Voluntary (freely given) Active (not passive) Clear words or actions Indicating permission to engage in mutually agreed upon (sexual) activity 47