TCNJ

9 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2017 Effective consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Effective consent may be initially given but withdrawn at any time. Effective consent cannot be given when it is the result of coercion, intimidation, force, or threat of harm. When effective consent is withdrawn or can no longer be given, sexual activity must stop immediately. • Incapacitated is being in a state where a person lacks the capacity to understand the fact that the situation is sexual, or cannot understand (rationally and reasonably) the nature and/or extent of the situation. A person who knows or should reasonably know that another person is incapacitated may not engage in sexual activity with that person. Persons who meet any of the following criteria or body conditions are incapacitated: (i) sleeping; (ii) passed out; (iii) under the age of consent or under a certain age in relation to the other party to the sexual activity (both of which are matters of state law); or (iv) due to a disability, not having the mental capacity to consent. A person who does not meet any of those criteria or conditions for incapacity may become incapacitated through the use of alcohol or drugs. Such a person's state of incapacity is a subjective determination that is based on all of the facts available because persons reach incapacitation at different points and as a result of different stimuli. Alcohol-related incapacity results from a level of alcohol ingestion that is more severe than that required to produce the minimum levels of influence, impairment, intoxication, inebriation, or drunkenness. Factors that can influence a person's status include gender, body size, and body composition; tolerance for alcohol and other drugs; amount and type of alcohol or other drugs taken or administered, and the mixture taken; amount of food intake prior to administration; propensity for blacking out; genetics; and time elapsed since the ingestion of the alcohol or drugs. e effects of alcohol and drug use often occur along a continuum. For example, alcohol intoxication can result in a broad range of effects, from relaxation and lowered inhibition to euphoria and memory impairment, and to disorientation and incapacitation. Incapacitation due to alcohol or other drugs use is a state beyond "mere" intoxication or even being drunk. It exists when a person lacks the ability to make or act on a considered decision to engage in sexual activity. Indicators of incapacitation may include inability to communicate, lack of control over physical movements, and/or lack of awareness of circumstances. An incapacitated person can also experience a blackout state during which the person appears to give consent but does not have conscious awareness or the capacity to consent. Some medical conditions may also cause incapacitation. Incapacity can result from factors including, but not limited to, mental disability, involuntary physical restraint, or from the administration of substances. • Stalking: purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or to suffer other emotional distress. Intervention and Prevention Strategies Bystander intervention is one prevention strategy employed by the college that includes training that focuses on instilling a sense of responsibility in our community members to act when witnessing harmful behavior. is training, offered both in person and online, builds confidence and critical skills in our community members to be able to engage in safe intervention strategies for addressing situations. In addition, the Green Dot campaign capitalizes on the power of peer influence and individual bystander choices to prevent individual incidents of interpersonal violence and create lasting culture change resulting in the overall reduction of power-based personal violence. e Green Dot strategy offers participants three options for intervention, commonly referred to as the "ree Ds: Direct, Distract, or Delegate." Bystanders could choose to be direct in their interventions and approach the potential perpetrator to say, "Hey, that's not OK" or check in with the potential victim and ask, "Are you OK?" to prevent the incident of power-based personal violence from happening. Or bystanders could delegate the intervention and seek help from other individuals, like friends, CAs (Community Advisers), or Campus Police. Bystanders' third option is to distract the perpetrator and interrupt the situation without directly confronting the offender. For example, a bystander could spill their drink, strike up a conversation, or tell the offender his or her car is getting towed. Each situation is different, and every bystander has a different personality or skill set, so having multiple options or ideas for intervention can be helpful. Any intervention must first be viewed through the lens of personal safety. Bystander risk is going to increase (1) the closer the person is to the situation; (2) the fewer additional people are around; and (3) the more imminent the violence. When risk is elevated, bystanders should consider intervention options that would keep them at a safe distance, such as calling 911 or Campus Police, recruiting others to join in the intervention, following at a distance, or creating a distraction. Other ongoing prevention strategies include utilizing the power of peers to provide education. e Student Anti-Violence Education Program is focused on empowering TCNJ students to make healthy lifestyle choices and to make our campus community a safer place. Students can play a uniquely effective role in encouraging their peers to consider and talk honestly about the issues of sexual assault, domestic violence, and stalking, while developing responsible habits and attitudes toward these issues, as well as seeking professional advice when necessary. Peer educators promote the mission of anti-violent initiatives (AVI) by creating and facilitating programs about healthy relationships and healthy sexuality. Peer educators also implement programming around Domestic Violence Awareness

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