If a Penn State student has oral sex with someone who is incapacitated due to alcohol consumption, that student is in violation of what, under the Penn State code of conduct?
Question
If a Penn State student has oral sex with someone who is incapacitated due to alcohol consumption, that student is in violation of what, under the Penn State code of conduct?
Solution
Under the Penn State Code of Conduct, a student engaging in sexual activity with someone who is incapacitated due to alcohol consumption is in violation of the university's policy on sexual misconduct. This policy states that consent for sexual activity must be informed, voluntary, and mutual, and can be withdrawn at any time. If a person is mentally or physically incapacitated or impaired so that they cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption. Therefore, the student would be in violation of this policy.
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