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KEETON v. ANDERSON-WILEY

No. 10-13925.

664 F.3d 865 (2011)

Jennifer KEETON, Plaintiff-Appellant, v. Mary Jane ANDERSON-WILEY, Associate Professor, Augusta State University, Paulette Schenck, Assistant Professor, Richard Deaner, Assistant Professor, Wayne Lord, Chairman of Department of Educational Leadership, Counseling and Special Education, Gordon Eisenman, Dean of College of Education, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 16, 2011.

Attorney(s) appearing for the Case

Jeffrey Shafer , Alliance Defense Fund, Washington, DC, Travis C. Barham , David Andrew Cortman , Alliance Defense Fund, Lawrenceville, GA, Charles C. Stebbins, III , Warlick, Tritt, Stebbins & Murray, LLP, Augusta, GA, for Plaintiff-Appellant.

Meghan Robson Davidson , Nall & Miller, LLP, Cristina Correia, Samuel Scott Olens , Atlanta, GA, for Defendants-Appellees.

Chara Fisher Jackson , ACLU Foundation of Georgia, Inc., Gregory R. Nevins , Lambda Legal Defense & Education Fund, Inc., Atlanta, GA, Eugene Volokh , Los Angeles, CA, Sara Ellyn Jeruss , Luann Simmons , Sarah Starcevich , O'Melveny & Myers, LLP, San Francisco, CA, for Amici Curiae.

Before BARKETT, PRYOR and KRAVITCH, Circuit Judges.

BARKETT, Circuit Judge.

Jennifer Keeton was enrolled in the Counselor Education Program at Augusta State University (ASU), a Georgia state school, seeking to obtain her master's degree in school counseling. After Keeton completed her first year in the program, ASU's officials asked her to participate in a remediation plan addressing what the faculty perceived as deficiencies in her "ability to be a multiculturally competent counselor, particularly with regard to working...

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