In a divided decision, the en banc panel of the Ninth Circuit has made a significant ruling suggesting that a university could face liability under Title IX in the event of sexual harassment occurring off-campus. If the alleged perpetrator demonstrates that the school exercised “substantial control” over the context in which the conduct occurred, the university can be held accountable.
The court ruled that a reasonable jury could find the University of Arizona had control over the “context” of the alleged incident, which took place in off-campus housing. The expandability of the term “context” for Title IX jurisdiction became the focus of this ruling, and it involves broad implications for universities and higher education institutions across the United States.
As per the interpretation of the word “context”, it could be taken to mean not just the physical location but the larger social situation as well. It could include the proximity of the location to the university, the degree to which the university had authority or influence over the location, and the nature of the relationship between the individuals involved.
According to the full report, the judges in favor of expanding the liability argued that holding universities accountable in such cases would align with the broader purpose of Title IX – to prohibit sex discrimination in education. However, dissenting opinions argued this could lead to an unjustifiably broad reach of Title IX, potentially expanding to situations over which the educational institutions have no meaningful control.
This decision could pave the way for similar cases in the future, with universities being held accountable for incidents that occur outside their physical premises but within their socio-educational sphere of influence. Legal professionals working in higher education and large corporations will need to closely monitor the effect of this ruling on future litigation.