Sexual Misconduct

Sexual misconduct, including sexual assault or rape, is any sexual act against a person’s will and/or without their knowledge or consent. 

All sexual activity between members of the CSU must be based in affirmative consent. Affirmative Consent means an informed, affirmative, conscious, verbal, voluntary, and mutual agreement engage in sexual activity.

  • Consent must be given without coercion, force, threats or intimidation. Lack of protest or resistance does not mean consent
  • Silence does not mean consent
  • Consent can be withdrawn or revoked at any time
  • Consent to one form of sexual activity does not mean consent to other forms of sexual activity
  • Prior sexual activity is not consent for future activity

Consent cannot be given if the person is: 

  • Unconscious, unresponsive, asleep, or incapacitated by alcohol or drugs
  • Under the age of 18
  • Unable to communicate due to their mental or physical condition

If you, or someone you know, has experienced sexual misconduct, we encourage you to connect with on and off campus resources. SJSU is committed to helping survivors of sexual misconduct.