Best of the Web Today: The Other Side of Title IX - WSJ.com: "In a newsletter to members dated last Thursday, Sokolow reports that "in the last two weeks, I've worked on five cases all involving drunken hook-ups on college campuses. In each case, the male accused of sexual misconduct was found responsible. In each case, I thought the college got it completely wrong."
He does not reveal the names of the institutions involved or any other specific details of the cases, presumably because his consultative role entails a duty of confidentiality. But he sums up the problem as follows: "Some [disciplinary] boards and panels still can't tell the difference between drunken sex and a policy violation"--that is, a sexual assault.
Sometimes that is by design. "In a recent case," Sokolow recounts, "the campus policy stated that intoxication creates an inability to consent." That makes it easy to establish a violation--except that in many cases the accuser has violated the letter of the policy as much as the accused has. "If both are intoxicated, they both did the same thing to each other," Sokolow writes. "Why should only the male be charged if both students behave in ways defined as prohibited by the policy?""
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