Until late last Thursday, Armstrong State University's sexual misconduct policy stated that students with disabilities couldn't consent to sexual activity, making any such activity rape.
The policy had been in effect since Sep. 8, 2014, but on Thursday — following questions from the Washington Examiner — the university updated its policy, calling the original wording an error.
Original policy: "In addition, persons under the age of 16 and persons who have a physical and/or mental impairment are unable to give consent."
Updated policy: "In addition, persons under the age of 16 and persons who have a physical or mental impairment and are unable to communicate are unable to give consent." (Changes in bold.)
Deidra Dennie, Armstrong's Title IX coordinator, told the Examiner last Thursday that the original policy had been corrected but had not been uploaded to the website at the time. "I apologize that our website was not kept up to date with the actual policy in circulation," she said.
Allison Hersh, Armstrong's director of marketing and communications, told the Examiner that it was never the university's "intent" to suggest that students with physical disabilities could never consent to sex.
"Our intent was to protect individuals with physical impairments that could prevent them from consenting or denying consent," Hersh told the Examiner. "The intent was not to imply that all physically disabled people are incapable of providing consent."
The original policy indicated that physically disabled students — including those who were fully able to participate in college classes — were unable ever to consent to sexual activity, an absurd notion.
The original policy was first brought to light by the Foundation for Individual Rights in Education's Samantha Harris in a tweet.
Thankfully the policy has been changed, so students with disabilities attending the university for the upcoming school year will not be treated differently.