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These documents were the source of further controversy this summer when The Huffington Post reported that many of the witnesses whose statements were included were being harassed online. Consent is a fluid, amorphous concept. Just imagine someone getting pulled over for a dui and saying they shouldn't be arrested since their ability to make a decision was impaired by drinking too much earlier in the evening. It's indisputable that being drunk should not excuse someone for forcing himself on an unaware victim. It would take the combined talents of Judd Apatow, Margaret Atwood, and a parish priest to make meaningful sense of this episode and its punishment, but we will forge ahead with only the facts as Roe presented them in her court filing. Before she left, Jane said to investigators, John told her to come back down "so he can fuck me. David and Kelly apparently made sure she redressed.
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Nine minutes later, he sent another text, apologizing: The two continued arguing via text message—Jack insisted that he was drunk, too, and that he'd "hooked up" with Clara sober before. The school-sponsored "Splatter" party in led to eight alcohol-related hospitalizations — seven Occidental students and one visiting high-school student — all of whom were under the legal drinking age. And on the whole, the zero-tolerance policy acted as a powerful deterrent for students who'd broken the rules from seeking medical help — for themselves or their friends. Every school is required to have a Title IX coordinator on staff and adhere to a process of responding to complaints—but that's where the process varies. And what can we do in the aftermath of an experience that might not have been as consensual as we thought?
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[CLIP] Foreign college exchange students fined for filmed drunken public oral sex on Phi Phi

Allowing any student to commit sexual violence with impunity creates a hostile sexual environment on campus, one that violates their victims' civil rights. Not only did people find her speech inspirational, they found it funny. Those definitions have been enough to spark controversy. From the defense perspective, these cases are incredibly damaging. John and Jane were dancing, and it was immediately clear to the other freshmen that both were extremely drunk. A few minutes later he added, "I hope you're doing well Clara, goodnight.
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Although John Doe's judgement was determined to have been impaired, the policy required him to evaluate Jane Doe's ability to consent with the same judgment he would have employed had he been sober. Additionally, the report states, "Dirks noted that Jane Doe's reluctance to call what had happened to her 'rape' was consistent with other victims of sexual assault whom Dirks has talked to on campus. More Phuket monkeys to be sterilised next month. At this point, Jane acknowledged, her memory has a "big hole," due to the amount of alcohol she had consumed. The school hasn't responded to it.
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