Stalking: On the basis of sex

The preamble distinguishes between stalking and stalking on the basis of sex (only the latter of which falls under Title IX):

  • Recognition that stalking does not always relate to sex and therefore do not always fall under Title IX (ex. celebrity stalking)
  • See footnote 772 on 30172–“Stalking that does not constitute sexual harassment because it is not ‘on the basis of sex’ may be prohibited and addressed under a recipient’s non-Title IX codes of conduct”