JAYCEE WAMER v. UNIVERSITY OF TOLEDO - Articles

All Content

JAYCEE WAMER v. UNIVERSITY OF TOLEDO

Posted by: Karen Belcher on Mar 2, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Peter Pattakos, THE PATTAKOS LAW FIRM LLC, Fairlawn, Ohio, for Appellant.

Attorneys 2: ARGUED: Kristine L. Hayes, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Attorneys 3: ON BRIEF: Peter Pattakos, Rachel Hazelet, THE PATTAKOS LAW FIRM LLC, Fairlawn, Ohio, for Appellant.

Attorneys 4: ON BRIEF: Kristine L. Hayes, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Judge(s): BOGGS, CLAY, and WHITE, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Toledo

HELENE N. WHITE, Circuit Judge. Plaintiff Jaycee Wamer appeals the dismissal of her suit against Defendant University of Toledo (“UT”) for deliberate indifference to sexual harassment by her instructor, in violation of Title IX. The district court granted UT’s motion to dismiss, applying the standards for deliberate indifference to student-on-student harassment laid out in Kollaritsch v. Michigan State University Board of Trustees, 944 F.3d 613 (6th Cir. 2019). Because we find that the Kollaritsch test is not applicable to claims of deliberate indifference to teacher-student sexual harassment, we reverse and remand for further proceedings.

Attachments: