Title IX Misconduct and Off-Campus Housing
Title IX By Harvey Binnall PLLC - 2021/01/29 at 03:40pm
Experienced Title IX Attorney Helping You When You Need it Most
If you’ve been accused of Title IX sexual misconduct, then you may be facing significant penalties that could alter the course of your personal and professional life. Title IX proceedings can lead to consequences that include suspension, academic probation, expulsion, and other prohibitions — and depending on how “public” the proceedings are, they can have an impact on your personal and professional life beyond university.
Given the high-stakes nature of Title IX proceedings, it’s no surprise that those who have been accused are anxious, frustrated, and confused as to whether they have a strong case, and how they should move forward. It’s important that the accused seek the guidance of an experienced Title IX attorney, of course, but it’s also worth understanding the nature of a Title IX proceeding and how the facts could impact their case.
Title IX cases involving off-campus conduct could provide opportunities for the accused to avoid liability. Let’s take a closer look.
How Off-Campus Misconduct Interacts with Title IX
Under current Title IX regulations, the university’s obligations will only “activate” when the incident at-issue involves an education program or activity — in other words, an incident over which the university has jurisdiction. This includes any incident occurring in a building on-campus, or on any property that the school owns or otherwise exercises substantial control over (if even temporarily, through a school-related event, for example).
Suppose that the accuser claims that you engaged in sexual misconduct while on a club-related trip. Perhaps the club is funded by the school, and the trip had a professor supervisor who organized the event. The school, therefore, exercised “substantial control” over the event and can be required to exercise their Title IX obligations despite not owning the property in which the misconduct occurred.
When it comes to off-campus housing, Title IX jurisdiction is much more difficult for the university to establish. For example, if you rent your off-campus unit from a private landlord who has no connection to the school, then — unless there was some school-related event that brought you and the accuser together at the off-campus property — the school would not exercise substantial control over the property or event, and their Title IX obligations would not come into play.
Contact a Title IX Attorney Today for Legal Assistance
Harvey & Binnall, PLLC is a boutique litigation firm based out of Alexandria, VA and serving clients throughout the DC metro region.
Our team has decades of experience representing clients in a range of litigation, including complex Title IX defense cases. We understand the unique challenges facing Title IX defendants, and how important it is for the accused to not only avoid liability but to minimize their exposure to public scrutiny during the process.
If you’d like to speak to an experienced Title IX attorney at Harvey & Binnall, we encourage you to call us at (703) 888-1943 or send us a message online to request a consultation at your earliest convenience. We look forward to speaking with you.