Ray

ORDER DENYING DEFENDANT ANTIOCH SCHOOL DISTRICT’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE FIRST CAUSE OF ACTION FOR FAILURE TO STATE A CLAIM

INTRODUCTION

Before this Court is Defendant’s Motion for Judgment on the Pleadings as to Plaintiffs First Cause of Action for Failure to State a Claim. Having reviewed the parties’ papers, the statutory and case law authority, and Good Cause Appearing, the Court HEREBY DENIES Defendant’s Motion for Judgment on the Pleadings as to the First Cause of Action for Failure to State a Claim.

BACKGROUND

On March 14, 2000, Defendant Antioch Unified School District filed this motion for judgment on the pleadings as to Plaintiffs first cause of action. Defendant moves pursuant to Federal Rule of Civil Procedure 12(c), for an order dismissing the first cause of action, “Title IX: Sex Discrimination,” as that cause of action fails to state a claim upon which relief can be granted.

This is an action brought under Title IX of the Education Act of 1972, 20 U.S.C.A. § 1681 , on behalf of a minor, Plaintiff Daniel Ray, an eighth grade student at Antioch Middle School, against Antioch Unified School District, Jonathon Carr, a minor and fellow…