Hill ex rel. K.H. v. Reg'l Sch. Dist. 21

D. BROCK HORNBY UNITED STATES DISTRICT JUDGE

The defendant's motion to dismiss is DENIED. Under the pleading standards of Ashcroft v. Iqbal, 556 U.S. 662 (1999) and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), the Complaint contains sufficient factual matter "plausible on its face," Iqbal, 556 U.S. at 678, to state a claim of severe, pervasive, and objectively offensive gender-based harassment; that the defendant school unit had notice of it and was deliberately indifferent to it; and that the harassment prevented access to an educational opportunity or benefit. See Davis v. Monroe Cty. Bd. of Educ., 526 U.S. 629 (1999); Frazier v. Fairhaven Sch. Comm., 276 F.3d 52 (1st Cir. 2002); Doe v. Sch. Admin. Dist. No. 19, 66 F. Supp. 2d 57 (D. Me. 1999).

SO ORDERED.

DATED THIS 1 DAY OF JUNE, 2016

/s/ D. BROCK HORNBY

D. BROCK HORNBY

UNITED STATES DISTRICT JUDGE