Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination.  Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues. 

If an accuser is claiming they were intoxicated or incapacitated, what that would generally mean is that they’re arguing that consent was not met or that the accused party did not have consent to engage in the intimacy or sexual activity. There is a difference between intoxication and incapacitation. A party can consent if they’re intoxicated. If they’re incapacitated, they cannot. Steps can be taken to try to defeat a claim of incapacitation. For example, evidence such as text messages that would show that a person was coherent or can be submitted to the school, witness statements can be submitted, a toxicology report by a forensic expert could potentially be obtained.

These steps need to be taken to defeat such a claim because so much is at stake in a Title IX case. An experienced attorney advisor can help.

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