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.
