If Courts Cant Agree on Who an Appropriate Person, Is for Notice of Sexual Harassment Under Title IX, How Can We Expect a Student in Crisis to Do So?…

PROCEDURAL HISTORY:

In 2016, Lauren Kesterson filed suit against Kent State University (KSU), former KSU softball coach Karen Linder, and former interim KSU softball coach Eric Oakley. She asserted that Linder and Oakley violated her free speech and equal protection rights related to retaliation against her for reporting an alleged rape. Kesterson further alleged KSU violated Title IX. The district court granted summary judgment to KSU on all of Kestersons claims. Kesterson appealed the district courts decision in October 2019. The Court of Appeals gave Kesterson a win on some of her claims but upheld the dismissal of others.

Appropriate Persons

First Amendment

In order to substantiate a claim of prior restraint under the First Amendment, the alleged restraint must impose a legal impediment. (See Alexander v. United States, 509 U.S. 544, 551 (1993)). An employee telling a student not to tell anyone about an alleged assault does not impose a legal impediment, according to the Sixth Circuit.

[1] OWA is the term used by the 2020 Title IX regulations to identify an employee as an appropriate person.

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If Courts Cant Agree on Who an Appropriate Person, Is for Notice of Sexual Harassment Under Title IX, How Can We Expect a Student in Crisis to Do So?...