What are "yes means yes" policies in a college sexual misconduct case?

College sexual misconduct cases often turn on consent, whether or not there was consent in a given case. If consent was obtained versus if it was not, the person, say, would be responsible or not responsible for a given allegation. Consent can be complicated further by intoxication versus incapacitation, alcohol and drug use that is. "Yes Means Yes" policies apply to what is known as affirmative consent. Affirmative consent policies or schools that use affirmative consent policies rely on a conscious, unambiguous, clear articulation of consent either through verbal or physical means.

It would be, say, a either verbal or physical yes to a party engaging or participating in sexual or intimate interaction. Consent has to be obtained at every step of the process. Prior consent does not allow for subsequent consent. Schools that use a "Yes Means Yes" policy or affirmative consent have a high standard for what would be considered to be consent in a college sexual misconduct case.

It's very important that you have an experienced attorney advisor help you understand how to best address issues of consent in such a case.

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