Harge

MEMORANDUM *

Plaintiff Arthur Bell appeals from the district court’s grant of summary judgment in favor of defendants Geraldine Harge, Jerry Hill, and the Nye County school district. Bell’s discrimination claim under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (a), and his state-law claim for negligent hiring arose out of allegations of improper sexual conduct by Brian Lepley, a substitute teacher, toward Bell, a student at the time. After reviewing de novo the district court’s grant of summary judgment, see Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), we reverse in part and affirm in part.

I.

To succeed in his Title IX claim, Bell must demonstrate that a school official with the authority to institute corrective measures on the school district’s behalf (1) had actual notice of the alleged discrimination and (2) responded to that knowledge with deliberate indifference. Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 292 , 118 S.Ct. 1989 , 141 L.Ed.2d 277 (1989). It is undisputed that the school district did not know of Lepley’s actions until Mary White reported to Hill that she had received information about inappropriate conduct between Lepley…