ASHE SCHOW: University updates policy stating that students with disabilities cannot consent to sex.

Until late last Thursday, Armstrong State University’s sexual misconduct policy stated that students with disabilities couldn’t consent to sexual activity, making any such activity rape.

The policy had been in effect since Sep. 8, 2014, but on Thursday — following questions from the Washington Examiner — the university updated its policy, calling the original wording an error.

Original policy: “In addition, persons under the age of 16 and persons who have a physical and/or mental impairment are unable to give consent.”

Updated policy: “In addition, persons under the age of 16 and persons who have a physical or mental impairment and are unable to communicate are unable to give consent.” (Changes in bold.) . . .

The original policy indicated that physically disabled students — including those who were fully able to participate in college classes — were unable ever to consent to sexual activity, an absurd notion.

The original policy was first brought to light by the Foundation for Individual Rights in Education’s Samantha Harris in a tweet.

Thankfully the policy has been changed, so students with disabilities attending the university for the upcoming school year will not be treated differently.

Could have been an ADA suit. I wonder how many other universities are similarly vulnerable?