The Consent Policy
The Sea Dog Nation takes consent seriously. Before we can lay out the procedure if consent is violated we must first establish what we as a nation view as consent. The following is the nation’s definition of consent.
Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in any activity, including sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the specified activity. Silence or lack of resistance, in and of itself, does not demonstrate consent.
The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression. A few more key points to go over include:
- Consent to any act or prior consensual activity between or with any party does not necessarily constitute consent to any other deviating act.
- Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent may be initially given but withdrawn at any time.
- Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in the activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or the threat thereof.
- When consent is withdrawn or can no longer be given, the-consented-to activity must stop, including sexual activity.
Plain & Simple
Consent is a free and clearly given yes, not the absence of a no, and cannot be received when a person is incapacitated by alcohol or drugs.
What should you do if your consent is violated?
- REPORT IT! Without timely reporting, it greatly increases the difficulty for any investigation into the allegation. The greater the time lapse, the greater the difficulty. We understand that reporting something so personal is difficult and support the alleged victim in any way we can.
- A person may choose to file a report after the event has ended. Filing a report, is at the discretion of the person filing when they feel ready. The process in doing so will follow the same guidelines as the procedures for at an event.
- To file after the event there are four options. Sending in the complaint to the head of constab via email/facebook, to the Fire and Safety Facebook page (The page is only able to be viewed and responded to by the Fire and Safety team leadership), or to the Autocrat of the event in which it happened. If a person finds themselves not comfortable with approaching people in person or through other contact means there is a form available to be made available on the website so they do not have to speak to a person at the time of initial reporting.
Procedure for Physical violation
Assault/Rape/Sexual Abuse (touching, forced oral, sodomy, etc)
- Contact the nearest staff member or constabulary and ask them to contact the Lieutenant of the Constabulary (Constabulary in Charge otherwise known as C.O.C.) in regards to a report. No specifics are needed just mention that you wish to file a report directly with the C.O.C.
- The C.O.C. will contact the Head Constable in order to complete the reporting process. In matters related to safety and investigations, the Head Constable is responsible for all decisions made on site. Decisions in regards to removal from site due to the allegations and investigation will be brought to the Board of Directors’ attention at the next available meeting.
- The Head Constable (if available) will interview the victim (if that is the desire of the victim, the victim may request another interviewer if they are not comfortable with the Head Constable).
- The Head Constable shall ask the victim whether or not they intend to file an official police report. If they do, assist them in contacting the Police Department/Sheriff’s Office for the jurisdiction in which the Event was held.
- If the victim does not wish to file a police report, then the Head Constable shall begin an internal investigation aimed at gathering all pertinent information which shall include the following:
- Date of Incident
- Time of Incident
- Who was involved
- What happened
- Intoxication factors
- What the accused was wearing
- What the victim was wearing
- Witness information
- Location of incident
- Nothing in the above mentioned list is designed to disparage or be used against the victim. It is for evidentiary reasons we ask these questions.
- Follow up with the victim after the conclusion of the investigation to review findings.
- Gather input from the victim as to the requested recourse (written apology, removal from site, etc)
- After all of the information is gathered, the Head Constable will make a determination as to the recourse for the investigation against the accused. After this decision is made, the Head Constable is to contact at least ONE Autocrat of the Event in which the incident happened and inform them of the incident and decision.
Written by Justin Gardner