While every allegation at the center of a Title IX complaint is different, many of these incidents share some common factors. Most complaints occur during the regular school year, and many of them involve incidents that occur on campus. However, there are cases that fall outside of these common parameters. Under certain conditions, a school could pursue a Title IX investigation for allegations that occurred off-campus or even during summer break.
There are generally no geographical limits regarding whether a Title IX complaint should be taken up. In addition, with very limited exceptions, the vast majority of colleges and universities in the United States have expansive jurisdictional policies, and consequently, jurisdictional reach. In fact, incidents that happen on school-sponsored trips in other countries have been the basis for many Title IX claims. Ultimately, whether the school takes up a Title IX investigation of an incident that occurred during an academic break depends on two important factors. The first involves whether the alleged incident occurred at an activity or event that was school-related. The second can occur when the individuals involved in these claims both remain enrolled at the same school after the incident.
Incidents Involving School-Related Programs
Title IX takes a broad view of what programs could lead to an investigation. Programs or events that happen off-campus or during a summer break are within the purview of Title IX if they are related to the educational institution at all. They include athletic events, extracurricular activities, summer school, or even school-sponsored trips.
School-related trips are commonplace during academic breaks. There are frequent extracurricular trips to during spring or fall break. The same is true for summer breaks and holidays as well. Some schools are also involved in summer-long workplace programs or externships.
Allegations that Carry Over Into Academic Settings
It is possible for allegations of sexual assault or harassment to result in a Title IX complaint even when it occurred entirely outside of an education setting. These complaints could still be appropriate outside of school-sponsored summer events if the allegation has a carry-over effect on the alleged victim's rights in an educational setting.
Most of these complaints center around the mental and emotional difficulties an alleged victim could face when required to see their supposed attacker regularly in an academic setting. Often these accusers claim that being forced to see the accused on campus is enough to push them to drop out of school or give up certain educational opportunities. If the carry-over effects of an incident that occurred during the summer limit the alleged victim's ability to pursue their education, a Title IX investigation could be allowed under the law.
Speak with a Nationwide Title IX Advisor About Your Situation
If you are facing accusations of or sexual harassment or misconduct it is crucial that you speak with an experienced attorney today. While there are some circumstances where a Title IX complaint might not be available following an off campus allegation, it is important to assume the school will take any allegation seriously. To ensure your rights are protected under Title IX, contact attorney Joseph D. Lento right away. Call 888-535-3686 or contact him online to schedule a consultation today.