The Sixth Circuit has weighed in on an issue that has divided
the circuits: to state a claim under Title IX for
"student-on-student sexual harassment," must a victim
actually experience further sexual harassment after the
school learns of the prior harassment? Or is it enough that the
victim is vulnerable to further harassment?
In Kollaritsch v. Michigan
State, the Sixth Circuit (Batchelder op.; Thapar and
Rogers joining and concurring separately) sided with the majority
of circuits, which have required the victim to actually experience
further harassment in order to show the school's unreasonably
indifferent response to "pervasive" sexual harassment
"caused" further harassment.
