What ‘Yes Means Yes’ Means for Colleges’ Sex-Assault Investigations
When "no means no" shifts to "yes means yes," is a student who can’t produce proof of consent certain to be found responsible for sexual misconduct? Some opponents of so-called affirmative-consent policies, which are mandatory in California and New York and popular on a growing number of campuses elsewhere, say yes. They argue that such policies, designed to ensure that both students are willing participants and that silence isn’t interpreted as consent, put an unreasonable burden on an accused student. Judges in a handful of cases have agreed.