Palmer Presents New Affirmative Consent Policy
Director of Student Wellbeing Christina Palmer presented to the Dean’s Council, on Monday, Feb. 21, a revision to the E-Book policy about consent that would remove ambiguity from the current guidelines. Palmer hopes the updated policy will “provide students with [the] best practices in developing healthy relationships and avoiding incidents of sexual misconduct.” The policy could take effect as early as this spring, but there is no clear deadline.
The current E-Book defines consent as “a knowing, voluntary and mutual decision among all participants to engage in sexual activity [that] can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.” Concerned faculty considered this policy to be unclear and communicated their concerns to the administration, requesting that revisions be made to improve consent and intimacy awareness on campus.
English Instructor Alex Myers said the authorization of nonverbal consent could be potentially misleading. “Consent is currently a part of our education and the E-Book, but what’s in the E-Book is not our best practice. The language says very clearly that nonverbal consent is completely acceptable,” he said. “To me, as an advisor, a teacher and a dorm faculty member, that’s problematic. I think of two fifteen-year-olds, who can’t give consent in the first place under New Hampshire law, engaging for the first time in sexual intimacy. How are they supposed to know what consent through body language looks like?”
“The policy required improvement, and affirmative consent is now considered the gold standard, and we want the best and clearest possible consent policy for our students.”
The revision stipulates that “consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act,” and clarifies that if a party initiating a sexual act is under the influence of drugs or alcohol, clear consent from the other party is still required. Palmer emphasized at the beginning of the revision that “silence or lack of resistance, in and of itself, does not demonstrate consent.” Palmer also added to the policy that if there is “confusion or uncertainty about whether a participant is consenting to sexual activity,” the other party must “stop and clarify verbally the person’s willingness to continue.”
Principal Lisa MacFarlane affirmed that these policy revisions will positively contribute to greater Academy efforts of promoting consent awareness and communication. “We have spent a lot of time this year talking about the difference between intent and impact. Seeking affirmative consent gives people an opportunity to understand the potential impact of their actions. Learning how to communicate honestly and empathetically is an important skill for having a healthy, mutually positive relationship,” she said.
Dean’s Council member lower Janalie Cobb elaborated on the importance of E-Book reforms and the impact they will have on present and future Academy students. “The E-Book isn’t only for current students. Quite a few people—parents, prospective students, prospective donors—have reason to look at the E-Book. It’s imperative that there be sufficient language,” she said.
Myers emphasized the importance of continuing campus conversations to clarify any remaining ambiguities in the revised policy. “For me, there’s still a grey area. I don’t know if that has to be corrected in the language, but it needs to be clarified through discussion,” he said. “I look forward to discussing it with faculty and administration. It’s something we don’t talk about enough, and as a school that’s been rocked by sexual misconduct, past and present, we need to become more comfortable talking about it.”
Senior Tim Han added that it is important for student initiatives to supplement the new policy. “It’s the job of the administration, the educators and the adults on campus to teach and inform, but our whole ethos is about Harkness, student participation and taking control of your own learning. I think Exonians work best for things we believe in, not things that we’re lectured on,” Han said.
In response to ongoing investigations and recent allegations of sexual misconduct, the Academy has made efforts in recent years to augment community awareness on intimacy and relationships by inviting assembly speakers, distributing posters and facilitating discussions in and out of the classroom. The most recent initiative was a training session on Sunday, Feb. 18. led by HAVEN, a New Hampshire agency that provides support and education on sexual and domestic abuse and violence. Rising seniors seeking community leadership positions and focused on victim blaming and consent attended the training.
Erica Skoglund, a Violence Prevention Educator at the agency, appreciated the amount of prior knowledge and interest the 38 student participants brought to the training. “We were very impressed with the group of students we had for our presentation. They already knew a lot about consent and had a strong understanding of the importance of supporting and believing victims,” she commented. “We used this opportunity to help give them tools for talking to younger students who might not have their same understanding of consent or victim blaming.”
Upper Michaela Phan recognized the importance of “clarifying the definition of affirmative consent,” praising the revisions to the policy as necessary for better comprehension of consensual sexual activity.
While Skoglund commended the Academy for taking steps to strengthen prevention education, she similarly expressed the need to develop a clearer and more coherent consent policy to supplement these various initiatives. “It is necessary for the Academy to define uniform policies and guidelines to assist in preventing sexual assault and responding to reports of assault on campus,” she explained, emphasizing that “strong policies should provide clear definitions and expectations” for all community members, regardless of their sexual orientation or gender expression.
Palmer hopes to promote clarity of the new policy in conjunction with Exonians Against Sexual Assault (EASA) in April. “Given my experience, understanding consent is a large part of prevention,” she said. “The policy required improvement, and affirmative consent is now considered the gold standard, and we want the best and clearest possible consent policy for our students.”