"No it is not legally ambiguous. Not even in the slightest."
The statute books and student conduct handbooks are plenty clear. But that's not the problem.
Unfortunately the kids don't have the handbooks handy late on Saturday night when these decisions are being made. And even if they did, their legal analysis skills at that moment are going to be significantly sub-optimal with all the alcohol and hormones running through their bloodstreams.
Look at the Brock Turner case as an example. He's blacked out with a 0.17 BAC. Nine beers plus chugging Fireball out of the bottle. She's blacked out with a 0.24 BAC which then turns to unconsciousness -- god knows what/how much drinking produced that BAC.
A disaster waiting to happen. A recipe for soooo many bad things to happen, with rape being just one of many awful possibilities.
Highly doubtful that he becomes a sex offender and she becomes a victim if you dial back those BACs by 25-50%.
D1 lacrosse teams do have some practices and scrimmages in the fall, even though the season is in the spring.
But more likely is that this is a more common accident of a very drunk kid falling down.
I live near a big university and it does seem like there is one of these terrible incidents almost every year. They also seemed to happen pretty regularly at the colleges my kids attended. Especially for freshman in the fall semester. Falls, car crashes, fights, sex assaults, alcohol poisoning, etc.
My freshman is one month into the so-called "red zone." Two months to go. I send a text every Friday afternoon reminding that nothing good happens after midnight. Keeping my fingers crossed.
"One better would be giving frosh "men" an anti-rape training program. It is NOT the victims' fault. (Of course everyone would benefit from a program teaching them how to be aware of their surroundings and what situations would present a danger to them.)"
MomDD -- that would only be better if the data says that training the men is more effective. I'm not a neanderthal or a victim blamer. I'm just interested in doing things proven to actually work.
The training I mentioned seems to hold particular promise. Which is why I mentioned it. Check it out yourself. I want my daughter's school to do stuff that works. Don't really care about the perception. Just the effectiveness. I've yet to see any data showing Dear Colleague has done any good.
"A program that trained first-year female college students to avoid rape substantially lowered their risk of being sexually assaulted, a rare success against a problem that has been resistant to many prevention efforts, researchers reported Wednesday."
Cali -- no one was able to prove whether Winston did or did not do it. Period.
Not even the lawyers who successfully sued FSU and collected $1 million.
That is very often the case. If you don't have clear proof, your legal process isn't going to be able to convict. No matter how much amped up Dear Colleague-ing you do.
But Dear Colleague is VERY effective in providing lawyers representing both victims and accused ample grounds for suing the schools. Both victims and accused routinely claim the colleges violated their rights. Sometimes, the college gets sued by both sides from the same case.