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).
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