When does a non-student have a valid claim against an educational institution under Title IX? A recent case from the Sixth Circuit Court of Appeals, Arocho v. Ohio University, reiterates the factors that courts may consider. These issues are not settled law across the country, so educational institutions should work with legal counsel closely when a complaint is received from a non-student. The Arocho case is a good reminder that a non-student’s mere presence on campus may not be sufficient to attach Title IX liability to the educational institution, even for a school-sponsored event or activity.
Arocho involved a high school student who was sexually assaulted by an Ohio University employee while participating in a career day at the University through her high school. The main issue before the Sixth Circuit was whether the non-student sufficiently alleged discrimination under an “education program or activity” of Ohio University, as necessary to have a valid Title IX claim in court.