College Student Expelled Over Sexual Misconduct Sues He says University of Michigan needed to define 'intoxicated' vs. 'incapacitated' By Michael Harthorne, Newser Staff Posted Sep 7, 2016 6:39 PM CDT 62 comments Comments (Wikimedia Commons) (Newser) – An unnamed University of Michigan student expelled in June for violating the school's sexual misconduct policy is suing, Courthouse News Service reports. The student says he was only 13.5 credits shy of his degree when a University of Michigan appeals board ousted him based on an "unconstitutionally vague...definition of the term 'incapacitated'" in the school's policy, which also failed to "explain the difference between 'intoxicated' and 'incapacitated.'" The issue stems from a party hosted by the student last January. He says he served a single shot to a woman, who seemed to be walking and talking fine, had sex with her, and went to sleep. When the woman woke up afterward, the student claims she "appeared emotionally distressed" but was sending "very coherent" text messages. The lawsuit claims the student was cleared by a criminal defense attorney hired by the University of Michigan, but the woman appealed the finding, and the school's appeals board ruled against the student. The lawsuit states the University of Michigan later changed its sexual misconduct policy to clarify the difference between "intoxicated" and "incapacitated." The student is suing the members of the appeals board, not the University of Michigan itself.