KESTERSON v. KENT STATE UNIVERSITY

No. 18-4200.

967 F.3d 519 (2020)

Lauren KESTERSON, Plaintiff-Appellant, v. KENT STATE UNIVERSITY; Karen Linder, individually; Eric Oakley, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 23, 2020.


Attorney(s) appearing for the Case

ARGUED: Ashlie Case Sletvold , THE CHANDRA LAW FIRM LLC, Cleveland, Ohio, for Appellant. Thomas R. Houlihan , AMER CUNNINGHAM CO., L.P.A., Akron, Ohio, for Appellee Kent State University. Lisa M. Critser , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee Karen Linder. ON BRIEF: Ashlie Case Sletvold , Subodh Chandra , Donald Screen , THE CHANDRA LAW FIRM LLC, Cleveland, Ohio, for Appellant. Thomas R. Houlihan , Jack Morrison, Jr. , Richard P. Schroeter, Jr. , AMER CUNNINGHAM CO., L.P.A., Akron, Ohio, for Appellee Kent State University. Lisa M. Critser , Reid T. Caryer , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee Karen Linder. Jack Morrison, Jr. , AMER CUNNINGHAM CO., L.P.A., Akron, Ohio for Appellee Eric Oakley. Andrew T. Tutt , ARNOLD & PORTER KAYE SCHOLER LLP, Washigton, D.C., for Amici Curiae.

The court delivered a PER CURIAM opinion. STRANCH, Circuit Judge (pp. 529-34), delivered a separate opinion concurring in part and dissenting in part.


OPINION

Lauren Kesterson, a student athlete at Kent State University, told her coach, Karen Linder, that Linder's son had raped her. Linder never notified anyone at Kent State. The university learned about the assault two years later when Kesterson made a complaint to the school's Title IX office. An investigation of the complaint...

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