You want to argue that a university policy which prohibits sex while one party is &quot;intoxicated&quot; without specifying <i>any method</i> for assessing whether that standard is met, isn&#x27;t a problem and can&#x27;t be triggered by a minimal level of alcohol consumption. But this is not the case. If you&#x27;ll permit a digression into some cases where alcohol did not figure in the judgment:<p>Here ( <a href="http:&#x2F;&#x2F;reason.com&#x2F;blog&#x2F;2016&#x2F;04&#x2F;07&#x2F;student-suspended-for-rape-because-he-di" rel="nofollow">http:&#x2F;&#x2F;reason.com&#x2F;blog&#x2F;2016&#x2F;04&#x2F;07&#x2F;student-suspended-for-rape...</a> ) is reason covering a case in which USC found a boy responsible for sexual assault and was then overruled by the courts.<p>&gt; The University of Southern California found a male student, &quot;John Doe,&quot; responsible for sexual assault and suspended him for two years. But his alleged victim, a female student, &quot;Jane,&quot; maintained that the sex between them was consensual.<p>&gt; Doe was ultimately punished, not because he hurt Jane, but because he did nothing to prevent two other males from having rough sex with her—from slapping her on the buttocks—during an orgy.<p>&gt; After dancing together, Jane, Doe, and Student 1 went off to a bedroom together to have sex. All agree that this encounter was consensual<p>&gt; Later that evening, Jane and Doe returned to the bedroom to have sex again. Jane maintains that their sexual activity remained consensual, but other men—likely including Students 1 and 2—entered the room and also began performing sexual acts on Jane. These activities became rough, and culminated in one or two of the men—not Doe—slapping her butt.<p>&gt; Jane later texted Doe that she had a good time with him, but &quot;your friends suck though.&quot; She approached him again at a party some weeks later, but he declined to dance with her.<p>&gt; Months later, in August of 2014—after discussing her &quot;confidence issues&quot; with a counsellor—Jane decided that the incident constituted sexual assault and filed a complaint. Still, she maintained that she had consented to sex with Doe: it was the other men who had violated her.<p>&gt; USC disagreed, and accused Doe of violating 11 different sections of the student code of conduct, including &quot;endangering the health of others,&quot; &quot;engaging in obscene behavior at a university-sponsored event,&quot; and &quot;engaging in non-consensual sexual touching.&quot;<p>&gt; Consider that for a moment. Jane said her sexual activity with Doe was consensual. The university then made the paternalistic and indefensible decision to override her opinion on the matter and described their sex as rape anyway.