KANGAROO COURT UPDATE: N.Y. state court decision setting aside SUNY student expulsion in ‘affirmative consent’ sexual misconduct case. “It is not clear to us that a reasonable person could find from these hearsay accounts an absence of ‘behavior that indicate[d], without doubt to either party, a mutual agreement to participate in sexual intercourse,’ as to do so would require overlooking the complainant’s admission that she removed her shirt when sex was suggested. . . . Petitioner then removed the rest of their clothing and asked the complainant if she had any condoms, to which she replied that she did not but that it was ‘fine’ and no reason to worry.”