Doesn't matter according to Title IX. Even if both parties are equally drunk and consent is given but, the next day she decides she meant to say no, it is now considered rape. This is crazy wrong IMO, regret should not equal rape but, it does now under Title IX. I work at a local college and we have had employee training classes about Title IX and our role as employees, the above example was give in these meetings. If fact, they said that even if both were sober and consent was given, the woman could change her mind at any point afterwards, months even, and it is now considered rape. I'm not making this up, our Title IX coordinator told us this stuff. Change your mind months later and it is now rape... that's not right IMO.
Title IX is set up to kick out the accused, guilt or innocence does not matter. There is no burden of proof for colleges, reasonable doubt does not matter. The only thing that matters is that the school thinks an accused might have done it, that's the only conclusion that must be reached and that student is gone. This is just stupid IMO, Title IX leaves very little protection for the accused.
Also according to those meetings, if we as employees witness a sexual assault, or any assault, on campus we are not suppose to call the police but, instead call the Title IX coordinator. I asked if we should also call law enforcement and was told no, the school would determine if that was necessary. After these meetings I'm convinced that Title IX is not about protecting students but protecting schools from lawsuits.
It really bothers me how guilt is assumed and that schools have no burden proof that must be achieved. Don't get me wrong, I think rapists should be prosecuted to the fullest extent of the law but, the fact that regret can now equal rape is very troubling.