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JENNINGS v. UNIV., NORTH CAROLINA, AT CHAPEL HILL

No. 04-2447.

444 F.3d 255 (2006)

Melissa JENNINGS, Plaintiff-Appellant, and Debbie Keller, Plaintiff, v. UNIVERSITY OF NORTH CAROLINA, AT CHAPEL HILL; Anson Dorrance, individually and as women's soccer coach at UNC; William Palladino, individually and as assistant women's soccer coach at UNC; Chris Ducar, individually and as assistant women's soccer coach at UNC; Bill Prentice, individually and as athletic trainer at UNC; Michael K. Hooker, individually and as Chancellor at UNC; Susan Ehringhaus, individually and as assistant to the Chancellor at UNC; Richard A. Baddour, individually and as Director of Athletics for UNC; Beth Miller, individually and as Senior Associate Director of Athletics at UNC; John Swofford, individually and as former Director of Athletics for UNC; All Defendants, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 2006.

Attorney(s) appearing for the Case

ARGUED: Daniel Francis Konicek, Konicek & Dillon, P.C., Geneva, Illinois, for Appellant. Thomas J. Ziko, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Jeffrey T. Mitchell, Konicek & Dillon, P.C., Geneva, Illinois, for Appellant. Roy Cooper, North Carolina Attorney General, Joyce S. Rutledge, Assistant Attorney General, Raleigh, North Carolina; Douglas E. Kingsbery, Tharrington, Smith, L.L.P., Raleigh, North Carolina, for Appellees.

Before WILLIAMS and MICHAEL, Circuit Judges, and JAMES C. DEVER III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge DEVER wrote the majority opinion, in which Judge WILLIAMS joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

DEVER, District Judge.

In this case we examine whether Anson Dorrance and William Palladino (the male coaches of the women's soccer team at the University of North Carolina at Chapel Hill) sexually harassed Melissa Jennings while Jennings was a student and soccer player at the University from August...

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