b. Must be willing to engage in sexual activity (If one is threatened, coerced, or restrained unwillingly, consent cannot be given.)

The same definition holds whether the assailant is a stranger, an acquaintance, friend or a significant other. The University policy is that a person has the right at any time to say "no" to sexual activity and that "no" means "no." It is the University's position that every human being is entitled to privacy and respect, and that rape is a violent crime of power as well as a violation of human dignity.

An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the respondent to a claim of sexual misconduct was intoxicated and, therefore, did not realize the other person's incapacity.

As used in KRS 510.020, Lack of consent. (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. (2) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (3) A person is deemed incapable of consent when he or she is: (a) Less than sixteen (16) years old; (b) An individual with an intellectual disability or an individual that suffers from a mental illness; (c) Mentally incapacitated; (d) Physically helpless; or (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. (4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.

Any number of actions legally qualify as sexual misconduct, including but not limited to, the following categories:

The Office of Civil Rights dictates that consensual romantic and/or sexual relationships where a power differential exists, whether real or perceived, will be assumed