It happened off campus. That does not always end it.
Title IX has boundaries. It reaches sexual harassment in an education programme or activity, and it does not apply to conduct outside the United States. Where an allegation falls outside those limits, the regulation requires dismissal of the Title IX complaint - and a great deal of student life falls outside them.
What the scope test asks.
Whether the alleged conduct occurred in an education programme or activity, which includes locations, events, or circumstances over which the institution exercised substantial control over both the respondent and the context, and includes buildings owned or controlled by a recognised student organisation. That formulation does real work: an off-campus apartment with no institutional connection is ordinarily outside it, while an officially recognised fraternity house frequently is not, and an off-campus event organised by a school group usually is.
Study abroad, and the extraterritorial limit.
Title IX does not apply to conduct occurring outside the United States. This is one of the clearest scope arguments available, and it applies to a substantial category of allegations arising from study-abroad programmes. Institutions nevertheless assert jurisdiction over that conduct through their own codes, which is where the argument moves next.
The reroute, and the cost of winning.
A mandatory dismissal under Title IX is worth having, and it is frequently followed within days by a charge under the general student conduct code covering the same conduct. That second process typically carries fewer protections: no required live hearing, no advisor-conducted cross-examination, and in many systems a single administrator who investigates and decides. The practical consequence is that a respondent can win the jurisdictional argument and end up in a worse forum.
How to handle both.
Make the scope argument in writing and early, with the provision cited, because dismissal is a right rather than a discretionary courtesy. At the same time, read the conduct code and identify what procedure it provides, since the school is bound by its own published process. Where a dismissal is followed immediately by a re-charge under a thinner procedure, document that sequence - it is a contract argument at a private institution, a due process argument at a public one, and appeal material in either case.
Why you should call us.
If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.
Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
