“While it is certainly victim blaming to assert that a
victim’s own alcohol use and partying contributed to a sexual assault, and
administrators should never take such a position, it would simply be actionable
malpractice for a lawyer not to assert contributory or comparative negligence
as a defense,” said Brett Sokolow, president and CEO of the National Center for
Higher Education Risk Management. “It may be distasteful to assert such a
defense, but college administrators, even if aware, would typically have little
to no say in how the case is defended.”
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