The actual legislation referring which I referred to in post 48 does not say that sex with a drunk person is automatic, though one can rape a drunk person. The investigation would need to establish as best as possible whether the accused honestly believed this was consensual.
QUOTE (4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
(A) The complainant was asleep or unconscious.
(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity. UNQUOTE