Alcohol Use, Incapacity, and Consent Impact Disciplinary Investigations

Too often, colleges and universities base sexual assault investigations and hearings on the misperception that an individual’s consumption of any alcohol eliminates their ability to consent to sexual activity. Importantly, this belief is often contrary to a school’s own Title IX and student conduct policies.

From tailgating and football games to Homecoming parades and Halloween parties, the first months of the academic year are filled with events, and these events often involve alcohol. This period, between the start of school and Thanksgiving break, has been called the “red zone” due to the number of reported sexual assaults on college and university campuses. Students accused of sexual assault during the red zone or throughout the year must be prepared to defend themselves and demonstrate that their partner’s alcohol use did not limit their capacity to consent.

If you have been accused of sexual assault, the LLF National Law Firm can help. Whether your school is investigating you for violating a student conduct code or Title IX, our Student Defense Team can help challenge the allegations. To discuss your case with our experienced attorneys, call 888-535-3686 or complete our online consultation form. 

The LLF National Law Firm Offers Comprehensive Defense Strategies to Students Accused of Sexual Assault

Colleges and universities may investigate sexual assaults as violations of student conduct codes or Title IX. Keep in mind that any school that receives federal funding, including student financial aid, must comply with Title IX or risk losing federal money.

As a result, colleges and universities have a lot at stake when investigating sexual assault allegations. Accused students often realize too late that their school’s investigation and discipline programs are more concerned with protecting federal funding than truth.

To protect yourself, partner with the LLF National Law Firm. We can develop a comprehensive defense strategy to challenge an allegation of sexual assault, including:

• Conducting an Independent Investigation. Whether investigating a violation of Title IX or a student conduct code, schools are extremely motivated to resolve allegations involving sexual assault quickly. Too often, a university’s investigator is more concerned with protecting their employer and resolving the complaint than with finding the truth. 

Our Student Defense Team often leads independent investigations focused on identifying exonerating witnesses and mitigating evidence. In some cases, we may be searching for documented evidence of the relationship between the accused and accuser, including photographs, text messages, or voicemail. In others, we may be talking with friends, neighbors, and roommates about how the parties involved behaved toward each other and others.

• Determining the Impact of Alcohol. Accusations of sexual assault often depend on the assumption that an accuser’s alcohol use made it impossible for them to consent to voluntary sexual activity. 

Title IX policies are usually explicit that individuals who are incapacitated cannot consent to sexual activity. The definition of incapacitation varies by school; however, many definitions involve a lack of ability to make rational decisions. Alcohol or drug use can undermine an individual’s ability to make rational decisions to the extent that they are incapacitated. However, most policies do not conclude that any alcohol or drug use leads directly to incapacitation. Instead, policies often consider the totality of the circumstances to determine whether a student was incapacitated because of their alcohol or drug use.

Similarly, college and university misconduct codes have their own definitions of sexual assault and consent. A strong defense starts with understanding the alleged violations and holding the school accountable to its own policy and definitions.

At the LLF National Law Firm, our attorneys help ensure that colleges and universities accurately apply their student conduct and Title IX policies, definitions, and standards when investigating or disciplining students. 

Additionally, our Student Defense Team knows that the right expert can provide important evidence about alcohol consumption. For example, we may retain an expert to determine if an accuser’s blood-alcohol concentration (BAC) was so high as to impact their ability to consent to sexual activity. We work with experts to examine the evidence, calculate BACs, and apply scientific tools such as BAC degradation curves that demonstrate alcohol metabolism over time.

With these resources, the LLF National Law Firm often challenges claims that an accuser who drank alcohol was incapacitated or otherwise unable to consent.

• Ensuring the Rights of Accused Students. Students accused of sexual assault under Title IX have rights under the law, and the LLF National Law Firm can help protect these rights. 

We hold colleges and universities accountable for providing accused students with required notices, adequate response times, and proper access to evidence as required by Title IX and the school’s student conduct and disciplinary policies.

Our experienced Student Defense Team can advocate on your behalf throughout a Title IX investigation or hearing.

Let the LLF National Law Firm Protect You

At the LLF National Law Firm, we protect students and their futures from the heavy-handed investigations and punitive sanctions of their colleges and universities. If you have been accused of sexual assault, let the experienced attorneys of our Student Defense Team help. Contact the LLF National Law Firm offices by phone at 888-535-3686 or by completing this online form.