As for possible Title IX defense strategies that your student misconduct defense lawyer can provide, these will depend, in part, on the details of each individual case. In any case, a Title IX defense attorney can:
Definition of consent depends on the specific college or university. Likely, it will involve “affirmative consent,” which sounds redundant but is used to underscore the necessity of both parties affirming their consent to mutually agreed upon sexual activity.
This may mean such consent must be mutually understandable to both parties, must be actively and freely given, and cannot be unlimited. In other words, consent to engage in one form of sexual activity doesn’t constitute consent to engage in other forms of sexual activity.
In addition, consent cannot be ongoing in an indefinite manner. That is, consent can be withdrawn at any time. Keep in mind that, even without a refusal, a person who is drunk or unconscious cannot give consent to sexual activity.
Attorney Andrew D. Montroy, Esq is a nationally renowned defense attorney with hundreds of Tixle IX Defense cases under his belt.
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