Those standards are impractical, says Brett A. Sokolow, president of the National Center for Higher Education Risk Management, a consulting and law firm that advises colleges. “Verbal consent isn’t human nature,” he says. In the heat of the moment, willing partners often don’t pause to ask each other questions.
But nonverbal communication can lead to misunderstandings. “It actually requires a higher level of communication between partners, so people don’t misinterpret actions,” Mr. Sokolow says.
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