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FOSTER v. BOARD OF REGENTS OF UNIV. OF MICHIGAN

No. 19-1314.

982 F.3d 960 (2020)

Rebecca FOSTER, Plaintiff-Appellant, v. The BOARD OF REGENTS OF the UNIVERSITY OF MICHIGAN; University of Michigan; Alison Davis-Blake, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 11, 2020.

Attorney(s) appearing for the Case

ARGUED EN BANC: Joshua Adam Engel , ENGEL & MARTIN, LLC, Mason, Ohio, for Appellant. Stephen J. Cowen , JONES DAY, Detroit, Michigan, for Appellees. ON SUPPLEMENTAL BRIEF: Joshua Adam Engel , ENGEL & MARTIN, LLC, Mason, Ohio, for Appellant. Stephen J. Cowen , Amanda K. Rice , Andrew J. Clopton , JONES DAY, Detroit, Michigan, for Appellees. ON BRIEF IN SUPPORT OF APPELLEES' PETITION FOR REHEARING EN BANC: Bryan H. Beauman , STURGILL, TURNER, BARKER & MOLONEY, PLLC, Lexington, Kentucky, for Amici Curiae.

SUTTON, J., delivered the opinion of the court in which GIBBONS, GRIFFIN, KETHLEDGE, THAPAR, BUSH, LARSEN, and NALBANDIAN, JJ., joined. MOORE, J. (pp. 971-89), delivered a separate dissenting opinion in which COLE, C.J., and CLAY, STRANCH, and DONALD, JJ., joined in full, and WHITE, J., joined in part. WHITE, J. (pg. 989), delivered a separate dissenting opinion.

OPINION

Rebecca Foster suffered peer-on-peer sexual harassment while enrolled in the University of Michigan's Executive MBA program. At issue in this Title IX case is whether the University was "deliberately indifferent" to her plight. Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629

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