In Farmer v. Kansas State University ("KSU"), a
federal district court revisited the issue of when off-campus
activity that would violate Title IX becomes the responsibility of
a college or university to investigate and, if necessary,
remediate. In this particular case, the plaintiff alleged that she
was sexually assaulted at an off-campus fraternity party. Under
Title IX, coverage is only triggered when harassment occurs within
an "education program or activity." Stated another way,
"'there must be some nexus between the out-of-school
conduct and the school to impose Title IX liability.'"
(Citations omitted). For KSU, the off-campus fraternity satisfied
this nexus requirement because (1) it is a student housing
organization that is available only to KSU students and
fraternities and sororities are promoted as such by the University;
(2) the director of the fraternity was a KSU instructor; (3) KSU
employs individuals to support fraternities and sororities; and (4)
KSU had the authority to regulate fraternity houses and to
promulgate rules of conduct.
Client Tip: Title IX
responsibilities for colleges and universities do not end with
campus boundaries. The potential for off-campus activity to create
Title IX exposure is obvious. Therefore, colleges and universities
need to be aware of when off-campus activity triggers Title IX
responsibility to investigate and potentially remediate.
Originally published April 11, 2017
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.