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According to the handbook, absence of positive consent is not enough to show sexual assault took place, Ellison says.
Though they were not necessarily present for the alleged incident, witnesses may provide valuable circumstantial information, such as the level of intoxication of the victim or the interactions of the complainant and defendant prior to the event, Rankin says.
Over the past two decades, criticism of the Ad Board’s handling of sexual assault cases has been divided into two camps: one believes that the Ad Board and the Faculty rules set an unreasonably high bar for finding a student guilty of rape, while the other believes...
However, Pforzheimer House Resident Dean Lisa Boes—who, like all resident deans, sits on the Ad Board—says that this policy is not as inclusive as it should be to encompass the broad spectrum of circumstances surrounding sexual misconduct.
At Harvard, Boes says, the Ad Board often engages in discussions as to whether or not the accuser was incapable of providing consent due to alcohol consumption—which plays a role in almost every sexual assault at Harvard, according to Ellison.