Lewis & Clark Law Review Online Supplement

The Lewis & Clark Law Review Online Journal is a companion journal to our print publication.

Volume 25.3, Summer 2021

TITLE IX AND SEXUAL ASSAULT ABROAD: HOW THE TRUMP ADMINISTRATION GOT IT WRONG AND HOW TO MOVE FORWARD

by Christina Vieira da Rosa

Recent regulatory changes to Title IX made clear that the statute’s sexual assault grievance procedures do not apply to incidents that take place outside the United States. This Comment explores the reasoning underlying these new regulations, which signal a departure from prior interpretations of Title IX and limit recourse for U.S. students who are sexually assaulted while studying abroad. Ultimately, this Comment argues that Title IX should have an extraterritorial reach when both complainant and respondent are affiliated with U.S. institutions. Such a change would harmonize Title IX’s underlying purpose with the practical difficulties of investigating and adjudicating conduct occurring outside of the United States.