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BROWN v. STATE

No. 20-15568.

23 F.4th 1173 (2022)

Mackenzie BROWN, a single woman, Plaintiff-Appellant, v. STATE of Arizona; Arizona Board of Regents, DBA University of Arizona, a constitutionally created body corporate, Defendants-Appellees, and Richard A. Rodriquez; Rita Rodriquez, Defendants, v. Lida DeGroote, Third-Party-Plaintiff.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2022.

Attorney(s) appearing for the Case

Isabel M. Humphrey (argued), Hunter Humphrey & Yavitz PLC, Phoenix, Arizona, for Plaintiff-Appellant.

Claudia Acosta Collings (argued), Assistant Attorney General; Mark Brnovich , Attorney General; Office of the Attorney General, Tucson, Arizona; Stephanie Elliott , Assistant Attorney General, Office of the Attorney General Phoenix, Arizona; for Defendants-Appellees.

Before: William A. Fletcher, Eric D. Miller, and Danielle J. Forrest, Circuit Judges.

OPINION

The Supreme Court has held that Title IX liability exists for student-on-student harassment where an educational institution "exercises substantial control over both the harasser and the context in which the known harassment occurs." Davis ex rel. LaShonda D. v. Monroe Cnty. Bd. of Educ., ...

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