Word: sexually
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According to the handbook, absence of positive consent is not enough to show sexual assault took place, Ellison says...
...Faculty’s definition of sexual misconduct, as laid out in the undergraduate student handbook, mandates that sexual assault must “take place against a person’s will or [be] accompanied by physical force or the threat of bodily injury...
...Unwillingness may be expressed verbally or physically,” the handbook reads. The policy adds that sexual activity with a person “incapable of expressing unwillingness”—due to the influence of alcohol or drugs, for example—is also considered sexual misconduct...
However, Pforzheimer House Resident Dean Lisa Boes—who, like all resident deans, sits on the Ad Board—says that this policy is not as inclusive as it should be to encompass the broad spectrum of circumstances surrounding sexual misconduct...
Boes contrasts Harvard’s policy with that of Brandeis University, which defines sexual misconduct as any activity occuring without the “explicit” and “clearly communicated” consent of both parties involved, which shifts the burden of proof to the accused rather than the complainant...