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Title IX Sexual Harassment May Apply to School Trips

Title IX By Binnall Law Group - 2021/04/30 at 07:15pm

Work With an Experienced Title IX Attorney

If you have been accused of sexual misconduct under Title IX, then you could be subject to a variety of consequences: from school suspension to expulsion, to serious professional ramifications (i.e., losing an internship or other position).  There may also be negative social impacts in the wake of the Title IX accusation.

Managing these outcomes while navigating the complex Title IX process is a challenge, and requires the assistance of a qualified Title IX attorney.  We encourage you to contact our team for guidance on how to proceed.

Title IX sexual harassment does not apply to all conduct.  In fact, the university only has jurisdiction over accusations that are tied to the school and its activities in particular ways.  If the accusation does not fall under the “umbrella” of covered activities, then you may be able to avoid a Title IX proceeding altogether.

Let’s take a closer look.

Educational Program or Activity — Undermining Title IX Applicability

Title IX claims are only valid if they involve accusations that are linked to an educational program or activity.

For example, if you are going on a school-sanctioned trip with your college sports team, then that trip would be linked to an educational program or activity.  It’s important to note, however, that this linkage also requires that the school exercise substantial control over the particular event at issue.

How does this exception play out?

Suppose that you go on a trip with a few friends from your college sports team.  The trip is not school-sanctioned or paid for with school monies.  As the school is not exercising substantial control over the trip, any sexual misconduct that occurred on the trip would not fall under the umbrella of Title IX regulation.

Whether the school exercises substantial control is a fact-based question that will turn on the particular circumstances of the case.  For example, if a trip isn’t being paid for by the school (the funds were raised by the students themselves), but the school is having the trip chaperoned by a professor, then that would likely be considered substantial control enough for Title IX to apply.

Contact a Title IX Attorney at Harvey Binnall for 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 wide range of litigation, including Title IX defense scenarios.  We have helped innocent, accused students avoid the punishment and backlash that accompanies a Title IX claim, and are skillful at navigating such disputes so as to secure a favorable outcome.  We understand the unique challenges facing Title IX defendants — as such, we work closely with our clients throughout the process to keep them calm and informed as to the next steps.

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.