Third Circuit's Ruling on Title IX Liability for Non-Students' Actions Seen as 'A Wakeup Call for Universities'
Attorneys whose practices focus on representing parties in Title IX investigations said the Third Circuit's recent ruling potentially makes it more difficult for institutions of higher learning to cast off responsibility for sexual misconduct that occurs on their campuses.
February 03, 2022 at 04:00 PM
5 minute read
The original version of this story was published on Law.com
Attorneys whose practices focus on representing parties in Title IX investigations said the Third Circuit's recent ruling against Millersville University potentially makes it more difficult for institutions of higher learning to cast off responsibility for sexual misconduct that occurs on their campuses.
The U.S. Court of Appeals for the Third Circuit held for the first time in a Jan. 11 opinion in Hall v. Millersville University that colleges and universities can face liability under Title IX for the actions of a non-student guest. The three-judge panel unanimously reversed the U.S. District Court for the Eastern District of Pennsylvania's grant of summary judgment to Millersville University and remanded for further proceedings.
"I think it's a wakeup call for universities," Title IX attorney Patricia Hamill said. "They can't just sort of say, 'They're not a student here' or 'They're not a visiting lecturer or a visiting professor.' [Colleges] really need to be on alert if there is a spread of domestic violence."
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