The College Fix

By now you’ve most likely heard about the Legislature-approved bill in California that would have universities “adopt ‘affirmative consent’ language in their definitions of consensual sex.” Basically, the legislation, which awaits the governor’s signature, defines consent as “an affirmative, conscious and voluntary agreement to engage in sexual activity.”

If you think this measure is likely to cause a plethora of headaches, you’re not alone.

But this didn’t stop Ohio State University from one-upping California. The Competitive Enterprise Institute’s Hans Bader notes:

Ohio State’s sexual-assault policy, which effectively turns some welcome touching into “sexual assault,” may be the product of its recent Resolution Agreement with the Office for Civil Rights (where I used to work) to resolve a Title IX complaint over its procedures for handling cases of sexual harassment and assault. That agreement, on page 6, requires the University to “provide consistent definitions of and guidance about the University terms ‘sexual harassment,’ ‘consent,’ ‘sexual violence,’ ‘sexual assault,’ and ‘sexual misconduct.’” It is possible that Ohio State will broaden its already overbroad “sexual assault” definition even further: Some officials at Ohio State, like its Student Wellness Center, advocate defining all sex or “kissing” without “verbal,” “enthusiastic” consent as “sexual assault.”

Ohio State applies an impractical “agreement” requirement to not just sex, but also to a much broader category of “touching” that is sexual (or perhaps romantic?) in nature. First, it states that “sexual assault is any form of non-consensual sexual activity. Sexual assault includes all unwanted sexual acts from intimidation to touching to various forms of penetration and rape.” Then, it states that “Consent is a knowing and voluntary verbal or non-verbal agreement between both parties to participate in each and every sexual act. . .Conduct will be considered “non-consensual” if no clear consent . . . is given. . . .Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between both parties regarding the conditions of the sexual activity–ask, ‘do both of us understand and agree regarding the who, what, where, when, why, and how this sexual activity will take place?’”

Or, to put it another way as Rick Moran notes, “If you kiss a girl without permission, that is considered a sexual assault — even if the girl liked it.”

Read the full article here.

h/t to PJ Media.

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