Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
No. 3:20-cv-00942—James G. Carr, District Judge.
Argued: July 21, 2021
Decided and Filed: March 2, 2022
Before: BOGGS, CLAY, and WHITE, Circuit Judges.
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OPINION
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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. |