What if the accuser is claiming they were intoxicated or incapacitated under their college sexual misconduct policy?

In such an instance, the school should at the appropriate time make a determination regarding whether consent was established or not. If intoxication or incapacitation is at issue as is often the case in college sexual misconduct cases, again, it turns on consent. A student can consent if they're intoxicated. A student cannot consent if they're incapacitated. The significant differences between the two. Unfortunately, you cannot depend on the school or the decision-makers at a school to naturally understand what's actually the differences between the two and when consent can be established and when it would not be able to be established.

Again, if a party is incapacitated, an experienced attorney advisor can help you best present your case as to establish that a person, say, was not incapacitated and, say, was intoxicated, which there's other considerations involved yet where intoxication alone does not necessarily provide consent. It's a much bigger equation than that but ultimately it comes down to consent. An experienced attorney advisor can again not only help you best present what needs to be articulated to the school but can make sure that the school is cognizant of how the matter should be adjudicated or addressed.

Contact Us Today!

footer-2.jpg

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 our offices 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, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton 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.

Menu