Louis A. On March 14, , Defendant Antioch Unified School District filed this motion for judgment on the pleadings as to Plaintiff's 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. Plaintiff brings this action by and through Jamie Ray, his parent and guardian ad litem.
The Court incorporates the factual background of this case as set forth in Plaintiff's second amended complaint. Plaintiff alleges that between January , and February , Jonathon Carr, and other students at Antioch Middle School, without provocation from Plaintiff, repeatedly threatened, insulted, taunted, and abused Plaintiff during the school day and during school activities.
Plaintiff further alleges that such harassment was based on the students' perception that Plaintiff was a homosexual, and due to the status and physical appearance of Plaintiff's mother, a transgendered female.
Plaintiff alleges that the teachers and officers at Defendant Antioch Unified School District were aware of the widespread, general perception and belief that Plaintiff was a homosexual. Plaintiff allegedly reported Defendant Carr's behavior, and the behavior of other harassing students, to the agents and employees of Defendant Antioch Unified School District who were responsible for the safety of students attending Antioch Middle School, and requested protection from such conduct while attending school and school activities.
Plaintiff alleges that such agents and employees took no action to curtail the harassing conduct. Plaintiff further alleges that Defendant Antioch Unified School District, knew or should have known, that Defendant Carr specifically, had a history of violent attacks on other students and that he represented an unusual and specific threat to Plaintiff's safety at school.
