The Role Drugs Play in Title IX Sexual Misconduct Violations

Posted by Joseph D. Lento | Jun 07, 2018 | 0 Comments

College culture has proven to be a contributor to the epidemic-like rates of sexual misconduct of all forms on campuses across the nation. In an atmosphere where partying and substance use is oftentimes rampant, many, if not most, incidents of sexual assault are facilitated by drugs.

The sweeping existence of voluntary or involuntary drug and alcohol use in sexual assaults has immensely complicated school adjudication processes. School employees and students - who are tasked with mitigating cases - fumble with intricate concepts like incapacitation to make decisions based on a he-said-she-said narrative. Whether the current Title IX resolution model has been effective, particularly in more complex cases involving drug use, depends on who you ask. Regardless, it's important to understand how drugs muddle the already complex Title IX resolution process.

Drugs and Incapacitation

Consent is obtained when all parties give permission, or explicitly say “yes” to sexual encounters with other persons. It is always freely given and can be taken away at any point in a sexual interaction. There are certain circumstances when consent cannot possibly be given, regardless of what a party does, says, or implicates. Mental or physical incapacitation is a condition in which consent is ineffective.

To better understand the concept of capacity, you must understand impairment. Incapacitation is the second highest level of impairment. It's more severe than being under the influence and intoxication but is a state of impairment less extreme than overdose. Most people compare incapacitation to being blackout drunk. But essentially, it's a state in which a person is incapable of making sound decisions, and therefore not able to consent.

Involuntary and voluntary incapacitation

High rates of both involuntary and voluntary drug-facilitated assaults are prevalent on college campuses. College culture is unfortunately embedded with drug use. Some students voluntary take drugs and drink alcohol to let loose and have a good time. Sometimes this can bring about good things - people are friendlier, funnier and have less anxiety about social interactions. But it can also draw out not so good things - people do risky things that they wouldn't normally do while sober, and find themselves in uncomfortable and unsafe situations.

In some circumstances, students are involuntarily given drugs to purposely compromise their ability to consent. Illegal substances like Rohypnol (roofies) GHB and GBL are dropped in the drinks of unknowing victims who are targeted by perpetrators, all in an effort to incapacitate them. If a school concludes that this is the case, expulsion is almost always the appropriate sanction for this misconduct.

Title IX Attorney Helping Clients Nationwide

If you've been accused of being involved in a drug-related sexual assault, you need the help of an attorney. These allegations expose you to serious ramifications that will completely derail your educational and professional journey. The only way to make sure your voice is heard and your rights are upheld is to retain a student defense attorney.  National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. For a case evaluation or more information about his representation, contact him online or give him a call at 888-535-3686 today.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address any school-related issue or concern anywhere in the United States.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.