KOLLARITSCH v. MICHIGAN STATE UNIVERSITY

Nos. 17-2445/18-1715.

944 F.3d 613 (2019)

Emily KOLLARITSCH, et al., Plaintiffs-Appellees, v. MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES; Denise Maybank, in her individual and official capacity as Vice President for Student Affairs, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 12, 2019.


Attorney(s) appearing for the Case

ARGUED: Michael E. Baughman , PEPPER HAMILTON LLP, Philadelphia, Pennsylvania, for Appellants. Alexander S. Zalkin , THE ZALKIN LAW FIRM, P.C., San Diego, California, for Appellees. ON BRIEF: Michael E. Baughman , Hedya Aryani , PEPPER HAMILTON LLP, Philadelphia, Pennsylvania, for Appellants. Alexander S. Zalkin , THE ZALKIN LAW FIRM, P.C., San Diego, California, for Appellees. Seanna R. Brown , BAKER & HOSTETLER LLP, New York, New York, for Amicus Curiae.

BATCHELDER, J., delivered the opinion of the court in which THAPAR, J., joined, and ROGERS, J., joined in part. THAPAR, J. (pp. 627-30), delivered a separate concurring opinion. ROGERS, J., (pg. 20), delivered a separate opinion concurring in part and in the result.


OPINION

A victim of "student-on-student sexual harassment" has a private cause of action against the school under Title IX of the Education Amendments of 1972 (Title IX), 86 Stat. 373, codified as 20 U.S.C. § 1681, et seq., based on the formula first set out in Davis v. Monroe County Board...

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