In the case of Kesterson v. Kent State Univ., 967 F.3d 519, 2020 U.S. App. (6th Cir.), the United States Sixth Circuit Court of Appeals upheld the decision of the United States District Court for the Northern District of Ohio, which found that the Kent State University did not violate Title IX in response to alleged student-on-student sexual harassment.
In this case, the appellate court found that the university properly handled alleged student-on-student sexual harassment due to the fact that the university responded as soon as the university had “actual knowledge” of the alleged harassment. It is important to note that the appellate court found that the university did not not have “actual knowledge” of the alleged student-on-student sexual harassment until after the student victim reported the same to the deputy Title IX coordinator, whom the appellate court found to be an “appropriate person” for Title IX purposes. Here, the deputy Title IX coordinator was found to be an “appropriate person” because the deputy Title IX coordinator had the authority to take corrective actions on behalf of the university to remedy the alleged student-on-student sexual harassment.
While the student victim previously reported the alleged student-on-student sexual harassment to the head coach, two assistant coaches, the team’s academic counselor, and the executive director of the women’s center, the appellate court found that the university did not have “actual knowledge” of the alleged harassment since none of those individuals were the “appropriate people” given their lack of authority to take corrective action. That being said, as soon as the deputy Title IX coordinator learned of the alleged student-on-student sexual harassment, the deputy Title IX coordinator immediately began an investigation, the coach was forced to resign four days later, and the university confirmed that the accused student was not enrolled for the upcoming semester. Based upon this fact-pattern, the appellate court found that the university properly handled the underlying report of student-on-student sexual harassment.
To read this case, click here.
To read about the May 6, 2020 Final Rule of the U.S. Department of Education, Office for Civil Rights, which went into effect on August 14, 2020, please click here.