Opinion
Argued and Submitted Oct. 12, 2001.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Northern District of California Claudia Wilken, District Judge, Presiding.
Before PREGERSON and RAWLINSON, Circuit Judges, and WEINER, Senior District Judge.
The Honorable Charles Weiner, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Appellant Proud ("Proud") appeals the district court's grant of summary judgment in favor of Contra Costa Community College District ("District"), on Proud's Title IX claim, alleging sexual harassment. Proud's evidence of deliberate indifference and clearly unreasonable actions include the District's questioning of the alleged harasser three weeks after she complained, the fact that the investigation took nearly six months to complete, and the fact that the District's representative recognized that the harassment would probably continue. Proud has raised genuine issues of material fact as to whether the District's response to and investigation of her sexual harassment complaint was "deliberately indifferent" and "clearly unreasonable." See Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 739-40 (9th Cir.2000). In the face of disputed factual issues, the district court is precluded from granting summary judgment. Little v. Windermere Relocation, Inc., 265 F.3d 903, 914 (9th Cir.2001).
REVERSED AND REMANDED.