Doe

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JANE DOE, et al., Case No. 18-cv-02589-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT

MT. DIABLO UNIFIED SCHOOL

MT. DIABLO UNIFIED SCHOOL DISTRICT'S MOTION FOR DISTRICT, et al., SUMMARY JUDGMENT Defendants. Re: Dkt. No.

The motion for summary judgment is granted as to the Title IX claim. There is no evidence in the record from which a reasonable jury could conclude that any District official with authority to institute corrective measures had actual knowledge of but was deliberately indifferent to Gonzalez’s misconduct. Gebser v. Lago Vista Independent School District, 524

U.S. 274, 277 (1998).

The motion is denied as to the negligence claim. On the negligent hiring theory, Gonzalez’s personnel file from his prior job documented two instances of misconduct, both of which were of a sexual nature. A reasonable jury could conclude that a school district hiring teachers to care for a vulnerable population must make reasonable efforts to learn whether an applicant has disciplinary incidents in his file…