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Victory at Gettysburg College on The Huffington Post

Check out my today on Gettysburg College鈥檚 reform of its 鈥渉ug at your own risk鈥 policy over at The Huffington Post:

You know a way to make it more likely to catch sex offenders? Make the definition of 鈥渟ex offense鈥 so broad that virtually any physical contact counts as sexual assault. Then whenever anyone is accused of a sex offense the authorities can find them guilty at their discretion. Sure, it means that a good number of innocent people will probably be found guilty of one of the most horrible crimes one person can commit against another, but it definitely would make prosecutions easier!

If this sounds problematic to you (and, boy, I hope it does, or else the republic is in even bigger trouble than I thought) you should check out Gettysburg College鈥檚 former sexual misconduct policy [PDF here]. Under the policy, 鈥渃onsent鈥 to sexual interaction was defined as 鈥渢he act of willingly and verbally agreeing (for example, by stating 鈥榶es鈥) to engage in specific sexual conduct.鈥 The kicker is that the policy鈥檚 broad definition of 鈥渟exual interaction鈥 includes not only sex acts but also 鈥渢ouching,鈥 鈥渉ugging,鈥 and 鈥渒issing,鈥 and further requires nebulous 鈥渃ontinuing and active consent.鈥

Does anyone get verbal consent to hug their friends and then continue to ask for it the entire hug? And how far into the hug should you check in again to make sure it is 鈥渃ontinuing and active鈥? Three seconds? Five? Can you count slower if you are hugging your husband or wife?

The problem with codes like these is that they make even normal human interaction offenses, and then they ask us to trust college administrators not to abuse such power.

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