Prior to the implementation of the new regulations, schools could impose discipline for Title IX violations that occurred on campus or off campus. Under the new Title IX regulations, schools only possess Title IX “jurisdiction” for incidents that occur within the school’s education program or activity, against a person within the United States. An education program or activity includes locations, events, or circumstances over which the school exercises substantial control over the respondent and the context in which the harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the school. Study abroad programs are specifically excluded from the reach of Title IX. However, schools may still process such complaints outside the “jurisdiction” of Title IX under traditional student codes of conduct.
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