Avoid Negligence Claims Arising From Sexual Misconduct During Study Abroad

The 2020 Title IX regulations made clear that Title IX doesn’t apply to people outside the United States. But a recent court case should serve as a reminder that students who experience sexual harassment while studying overseas can bring costly claims of negligence against their K-12 school, college, or university.

Strategies to avoid or reduce the impact of these claims include:

• Ensure policies and procedures forbid sexual harassment overseas.
• Educate students about safety issues.
• Teach personnel how to respond to allegations appropriately.

• Title IX no longer protects students during study abroad programs, but institutions can and should forbid sexual harassment overseas under their own policies.
• In addition to clarifying which polices apply overseas, institutions should educate students about safety in foreign countries.
• Institutions must train their study abroad personnel and home campus administrators to respond properly to student reports of sexual harassment while abroad.