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9 THE COLLEGE'S ANNUAL SECURITY AND FIRE SAFETY REPORT 2022 • "Incapacitated." Is a state in which a person lacks the capacity to understand the fact that a situation is sexual, or cannot understand or make a rational and reasonable judgment about the nature and/or extent of a situation (the "who, what, when, where, why, and how" of the sexual interaction). 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 conditions are incapacitated: (i) sleeping; (ii) passed out or otherwise unconscious; (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, do not have 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 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 ingestion; 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 drug 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 is conscious, but has limited ability to form or retain memories, and may exhibit verbal or non-verbal (e.g., a nod) expressions that under normal circumstances between two individuals acting with full capacity might reasonably be interpreted as conveying consent. Because that person does not have the capacity to consent, despite those expressions, consent is lacking. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person's level of intoxication due to alcohol and/or drug use. e relevant standard that will be applied is whether the respondent knew, or a sober reasonable person in the same position should have known, that the other party was incapacitated and therefore could not consent to the sexual activity. • Stalking. Purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person or to suffer other emotional distress. Intervention and Prevention Strategies e college strictly prohibits any form of dating violence, domestic violence, sexual assault, stalking, sexual harassment, or any form of discrimination based on sex or gender. To help prevent these behaviors from occurring, various programs and initiatives, which run through the Anti-Violence Initiatives branch of CAPS, are offered to the Campus Community. Ongoing prevention education throughout the year is open to all faculty, staff, and students and revolves around the following topics: healthy relationships, bystander intervention, healthy sexuality, how to support victims/survivors and gender socialization. Programming is often cosponsored by student organizations and departments within Academic and Student Affairs. Healthy relationships programming explores what it means to be in a healthy relationship by emphasizing skill development in self- esteem, communication, personal boundaries, and assertiveness. is program also raises awareness about the warning signs for unhealthy relationships. Bystander intervention programming helps participants recognize the role of the bystander in violence prevention, teaches skills to intervene in instances of violence, and offers opportunities for audience members to reflect on what might get in the way of their interventions. e overarching goal is to inspire participants to act and to feel they have a part to play in violence prevention Healthy sexuality programs illustrate the negative impacts of gender stereotypes when trying to establish relationships within and between genders, establish a foundation for all genders to communicate with one another, show that consent is essential for sexual activity and promotes the knowledge and sense of empowerment to express sexuality in ways that contribute positively to self-esteem and relationships with other people. In order to maintain visibility of issues surrounding sexual violence and elevate our prevention efforts, AVI hosts three awareness months throughout the academic year in addition to ongoing programmatic efforts. In October, they host Domestic/Dating Violence Awareness Month in which they focus on the various forms of domestic/ dating violence may take and help students recognize signs of it in relationships they are a part of or witness and build skills to address these concerns. roughout this month, they also host a series of workshops (open to the Campus Community) based on the Escalation video produced by the One Love Foundation. is video shows a domestic/dating violence relationship from its beginning and highlights the sometimes more subtle aspects of this form of violence. Additionally, AVI hosts tabling programs that focus on engaging men in violence prevention and raising awareness of men as victims, how to support survivors of domestic violence, and how to safely intervene should one witness domestic violence. In February, AVI hosts Stalking Awareness Month and focuses on the ways in which our culture may contribute to stalking behaviors and how students can recognize different actions that contribute to stalking. roughout the month, they host a series of workshops on healthy relationship behaviors, how to identify and intervene on stalking behaviors, and how to support survivors of stalking. AVI also hosts tabling events on how stalking impacts specific populations and condensed versions of our workshops. In April, AVI hosts Sexual Assault Awareness Month, focusing on how our culture may contribute to sexual assault, how to support survivors, and what can be done to reduce instances of this form of violence on campus. A series of open workshops on healthy sexuality, supporting survivors, and how to safely intervene are also offered. e campus participates in Denim Day, an international day of remembrance and protest after an Italian court ruled that a survivor of sexual assault must have consented because their jeans were too

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