Under Title IX, if a person’s ability to consent to a sexual act is impaired due to a mental or physical condition, including incapacitation, and someone else is aware of that impairment, but continues to engage in a sexual act, the latter could be found guilty of committing sexual assault. Unfortunately, the law does not similarly address situations where both parties who were engaged in the sexual encounter were incapacitated, so when making a ruling in these cases, schools will often look to the specific details of a case to determine each party’s level of consent at the time of the encounter and will ultimately use their judgment when making a decision involving two intoxicated students.