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Increasing Pressure on Schools to Address Off-Campus Conduct
K-12 administrators seek our counsel frequently on the issues of off-campus jurisdiction over student misconduct. Conversations about addressing out-of-school sexual assault and sexual harassment have been especially pressing because of the significant changes that have happened with Title IX over the last twelve months. District and school practices and policies are all over the map. In some states, K-12 schools would never extend the reach of their codes of conduct off-campus. In other locations, it seems to vary district-by-district. We’ve even noted that sometimes it varies within districts, where administrators may be loath to address off-campus sexual assaults between students (or any behaviors that are crimes) but are willing to address out-of-school harassing speech that occurs on social media. ....

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