Title IX and Off-Campus Conduct: When Does the University Have Jurisdiction?

One of the most common misconceptions about Title IX is that it only applies to incidents that occur on university property. In reality, Auburn University’s jurisdiction under Title IX extends well beyond the physical boundaries of the campus. 

The Legal Framework for Off-Campus Jurisdiction

Title IX’s application to off-campus conduct is grounded in federal regulations and university policies that focus not on where misconduct occurs, but on its impact on the educational environment.

Federal Title IX Regulations

The U.S. Department of Education’s regulations implementing Title IX establish that universities have jurisdiction over sexual harassment that occurs within the university’s education programs or activities, which include:

• On campus property.
• Off-campus locations, events, or circumstances over which the university exercises substantial control over both the respondent and the context in which the alleged sexual harassment occurs.
• Any building owned or controlled by a student organization officially recognized by the university.

Auburn University’s Title IX Policy

Auburn University’s Title IX Sexual Harassment Policy explicitly addresses off-campus jurisdiction. According to the policy, “Education Programs and Activities” refers to all operations of the University, including:

• In-person and online educational instruction
• Employment
• Research activities
• Extracurricular activities
• Athletics
• Residence life
• Dining services
• Performances
• Community engagement and outreach programs

The policy further clarifies that this includes “off-campus locations, events, or circumstances over which the University exercises substantial control over the Respondent and the context in which the Sexual Harassment occurs, including Sexual Harassment occurring in any building owned or controlled by a student organization that is officially recognized by the University.”

Common Off-Campus Scenarios Under Auburn’s Jurisdiction

Based on Auburn University’s policies and federal regulations, several common off-campus scenarios typically fall under the university’s Title IX jurisdiction:

Off-Campus Housing

While not all off-campus housing falls under Auburn’s jurisdiction, certain situations do:

• Fraternity officially recognized by Auburn University
• Off-campus housing complexes where the university has agreements or substantial involvement
• Incidents at off-campus residences during university-sponsored events or gatherings

For example, if an incident occurs at a fraternity house in Auburn, the university would likely assert Title IX jurisdiction because the fraternity is an officially recognized student organization, and the house is considered part of the university’s educational program.

Athletic Team Travel

When Auburn University athletic teams travel for competitions, these settings remain under the university’s Title IX jurisdiction:

• Away games and matches
• Team travel accommodations
• Training facilities at other institutions
• Team social events during travel

Internships and Clinical Placements

Students participating in internships, practicums, or clinical placements may be covered by Title IX even when working at external organizations:

• Nursing clinical rotations at local hospitals
• Student teaching placements in K-12 schools
• Engineering co-ops with industry partners
• Business internships arranged through Auburn’s career services

Virtual Harassment in Online Courses

With the expansion of online education, Auburn’s Title IX jurisdiction extends to:

• Harassment occurring in university online learning platforms
• Misconduct in virtual classrooms
• Inappropriate communications through university email systems
• Harassment via university-sponsored social media

The “Substantial Control” Test

The key factor in determining whether Auburn University has Title IX jurisdiction over off-campus conduct is whether the university exercises “substantial control” over both:

• The respondent (the person accused of misconduct)
• The context in which the alleged misconduct occurred

This “substantial control” test requires a case-by-case analysis, but several factors typically influence the determination:

• Whether the university sponsored or promoted the event or activity
• The degree of university involvement in organizing or supervising the context
• Whether university funds were used
• Whether the activity was part of an academic or extracurricular program
• Whether university faculty or staff were present in supervisory roles
• Whether the activity was advertised through university channels
• Whether participation was limited to university community members

Example Application at Auburn

Consider a scenario where students attend an off-campus party at a private residence that has no affiliation with Auburn University. If sexual misconduct occurs between two students at this party, would Auburn have Title IX jurisdiction?

The answer depends on specific circumstances:

• If the party was organized by a recognized student organization as an official event, Auburn would likely have jurisdiction.
• If the party was simply a private gathering with no university connection, Auburn might not have Title IX jurisdiction under the “substantial control” test.

However, it’s important to note that even if the university lacks Title IX jurisdiction, it may still address the conduct under other university policies.

When Off-Campus Conduct Falls Outside Title IX But Within University Policy

Some off-campus conduct may fall outside the technical jurisdiction of Title IX but still violate Auburn University’s broader conduct policies. In these cases, the university may address the behavior through its Student Code of Conduct or other policies rather than through the Title IX process.

Auburn University’s commitment to addressing sexual misconduct extends beyond the technical boundaries of Title IX. According to university resources, “The university assists individuals who have experienced sexual misconduct on or off campus, including while participating in an off-campus program. If the alleged offender was another member of the university community, that person is still subject to University Policies regardless of where the conduct occurred.”

This means that even if an incident doesn’t qualify for the formal Title IX process, Auburn may still:

• Provide supportive measures to affected students
• Investigate under alternative conduct procedures
• Impose sanctions if violations of other university policies are found

The Impact of the “Hostile Environment” Test

Another important consideration in determining off-campus jurisdiction is whether the alleged misconduct has a direct impact on Auburn University’s educational environment. This “impact test” considers:

• Whether the misconduct creates a hostile environment on campus
• Whether it interferes with a student’s access to educational opportunities
• Whether it disrupts university operations
• Whether it affects relationships within the university community

For example, if off-campus harassment between two students leads to the complainant feeling unsafe attending classes where the respondent is present, Auburn University may determine it has jurisdiction based on the impact on the educational environment, even if the original incident occurred in a context where the university had limited control.

Supportive Measures for Off-Campus Incidents

Regardless of whether a formal Title IX investigation proceeds, Auburn University offers supportive measures to students affected by sexual misconduct that occurs off campus. These may include:

• Academic accommodations (extensions, class changes, etc.)
• Housing modifications
• No-contact directives
• Counseling services
• Safety planning
• Referrals to community resources

According to Auburn’s resources, “The University will provide persons who have experienced Sexual Harassment ongoing remedies as reasonably necessary to restore or preserve access to the University’s education programs and activities.”

Navigating Jurisdictional Questions in Title IX Cases

If you’re involved in a Title IX matter involving off-campus conduct at Auburn University, consider these important steps:

For Complainants:

1. Report the incident regardless of where it occurred. Auburn’s Title IX Coordinator will assess jurisdiction, but can still provide supportive measures even if formal Title IX procedures don’t apply.
2. Document the connection between the incident and university programs or activities. This information helps establish jurisdiction.
3. Articulate the impact on your educational experience, as this may influence the university’s jurisdictional determination.
4. Understand alternative processes that may apply if Title IX jurisdiction is not established.

For Respondents:

1. Seek legal counsel experienced in Title IX matters to help assess whether the university has properly established jurisdiction.
2. Review Auburn’s policies carefully to understand the scope of off-campus jurisdiction.
3. Document the context of the alleged incident, particularly factors relevant to the “substantial control” test.
4. Understand your rights under both Title IX and alternative university processes.

Recent Changes and Evolving Standards

The scope of Title IX jurisdiction over off-campus conduct has undergone significant shifts in recent years due to regulatory changes and judicial decisions. The 2020 Title IX regulations, implemented at the end of the first Trump administration, established a framework that narrowed jurisdiction in certain respects. While the Biden administration introduced regulatory updates in 2021, 2022, and 2024, these efforts have been largely nullified by case law. 

Notably, a January 9, 2025, district court ruling vacated the 2024 Title IX regulations nationwide, effectively reverting jurisdiction standards to those established by the 2020 regulations. Given the ongoing legal and regulatory fluctuations, consulting experienced legal counsel is critical to navigating these complexities.

Contact Vaughn Defense for Legal Help with Auburn Title IX Issues

Auburn University’s Title IX jurisdiction extends well beyond campus boundaries to include a wide range of off-campus contexts where the university exercises substantial control or where the conduct impacts the educational environment. This can complicate matters for students who are involved with Title IX issues. 

I’m Artie Vaughn, and I help Auburn students deal with complex Title IX-related issues, such as jurisdictional questions that often arise in cases involving off-campus conduct. Whether you’re a complainant seeking to understand your options or a respondent questioning the university’s jurisdiction, I am ready to provide the strong legal guidance you need to secure a positive outcome. Contact me today for a personalized consultation and case assessment.