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. 

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