A federal appeals court has ruled a jury should hear the sexual harassment lawsuit filed by a former North Carolina player Melissa Jennings
coach, Anson Dorrance
Jennings accused Dorrance of sexually harassing team members by asking about their sexual activity.
from the 4th U.S. Circuit Court of Appeals in Richmond, Va., comes nine years after Jennings and another player, Debbie Keller
, sued Dorrance, the university
and officials who dealt with harassment accusations. Keller's portion of the case was settled in March 2004.
for the opinion.)
In October 2004, U.S. District Court Judge N. Carlton Tilley
had dismissed Jennings' lawsuit. A three-member court of appeals also found again in favor of UNC, Dorrance and company, but a rare review by the full court overturned Tilley's summary
judgment as it related to Jennings' Title IX claim, saying sufficient facts existed for Jennings to have her case heard by a jury.
In the 8-2 decision, the court ruled that "Jennings has
proffered sufficient facts for a jury to find that Dorrance's degrading and humiliating conduct was sufficiently severe or pervasive to create a sexually hostile environment."
the case could create new law in the area of sexual banter, its boundaries and how Title IX