Leslie Gomez, a member of Cozen O'Connor's Institutional Response Group, discusses Title IX in The Chronicle of Higher Education. A large number of cases involve determining whether the victim was too incapacitated to give consent, Leslie said. But colleges are also now considering whether the accused — or a sober, reasonable person in the same circumstances — would have known the accuser was incapacitated, she said. "Clearly defined policy provisions, a robust investigation by an experienced investigator, and a balanced and fair approach to the issues are critical to gathering reliable information, applying clear legal standards and policy definitions, and reaching equitable outcomes," said Leslie.
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