First Circuit Rules That Title IX Does Not Cover Claim By Non-Student

On July 18, the First Circuit Court of Appeals decided in Doe v. Brown University, et al. that a non-student could not bring a Title IX claim against an institution for failure to investigate an alleged sexual assault committed by students enrolled at the institution. In that case, a student from Providence College alleged that she was assaulted by three members of the Brown University football team and that, when she complained to Brown about the matter, the university initially agreed to investigate the matter. However, the university subsequently abandoned its investigation (for reasons that were unclear in the opinion) and did not pursue disciplinary action against the three students.