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September 27, 2023

Expanding Title IX Liability: Recent Circuits’ Rulings Impact Off-Campus School Conduct Investigations in 20 States

With the Ninth Circuit’s decision in Brown v. Arizona on September 25, 2023, at least three circuits (4th, 9th, and 10th) have found that a school may be liable for off-campus conduct under Title IX in certain circumstances. In turn, this widens to 20 states the universe of students and faculty who could become parties to university investigations of off-campus conduct who might not have been investigated before these decisions. See Brown v. Arizona, No. 20-15568 (9th Cir. Sept. 25, 2023); Feminist Majority Found. v. Hurley, 911 F.3d 674 (4th Cir. 2018); Simpson v. Univ. of Colo., 500 F.3d 1170 (10th Cir. 2007).

This publication is intended for general informational purposes only. The reader should not act upon this information without seeking professional legal counsel.