If the Title IX allegations in a formal complaint did not take place in a school's education program, or activity, or against the person in the United States, the school must dismiss the case for purposes of Title IX. That being said, a school is free to pursue the case otherwise, as it deems appropriate under, say its code of conduct, or its sexual misconduct policy.
In short, misconduct that was misconduct prior to the Title IX Final Rule going into effect will remain misconduct in almost all instances. It's just that almost all the schools have created a two-part approach, where cases would be addressed both under, say Title IX, and if it's not going to be pursued for Title IX purposes, it would be addressed and adjudicated that is, under the college or university sexual misconduct policy.
If you're facing a Title IX concern or a Title IX sexual misconduct case, having an experienced attorney advisor can help you navigate the process. He can help you work towards trying to ensure a fair process and a favorable outcome, and they should be involved as early as possible in the case.
