I.H. ex rel. Hunter v. Oakland School for the Arts

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Now before the Court is the motion by defendant Oakland School for the Arts (“OSA”) to dismiss plaintiff I.H.’s complaint. Docket No. 22. Pursuant to Civil Local Rule 7-l(b), the Court determines *990 that this matter is appropriate for resolution without oral argument and hereby VACATES the hearing set for February 17, 2017. For the reasons set forth below, the Court GRANTS defendant’s motion to dismiss the complaint and GRANTS plaintiff leave to amend.

BACKGROUND

The following allegations are taken from the complaint, which the Court treats as true for purposes of this motion. Plaintiff I.H. is a minor who attended the Oakland School for the Arts, “a charter school under the auspices of the Oakland Unified School District through OUSD Office of Charter Schools.” Docket No. 1, Compl. ¶ 2. On March 8, 2016, I.H. used a drinking fountain in the hallway of the school to take her birth control medication. Id. ¶ 14. Tamaris Usher, a security guard for OSA, “accosted, berated and belittled” I.H. for her use of the medication. Id. Usher “questioned [I.H.’s] virginity in public and called her a ‘slut’ and a “whore’ in a voice loud enough…