Full opinion text
MEMORANDUM DECISION RE DEFENDANTS GUSTINE UNIFIED SCHOOL DISTRICT, JASON SPAULDING, ANTHONY SOUZA, AND ADAM CANO’S MOTION FOR SUMMARY JUDGMENT (Doc. 96) AND DEFENDANT CARL SCUDDER’S MOTION FOR SUMMARY JUDGMENT (Doc. 91.) OLIVER W. WANGER, District Judge. I. INTRODUCTION This case arises from alleged student-on-student harassment of Plaintiff John Roe while he was attending a football camp at Liberty High School in July 2006. In July 2006, Plaintiff was an incoming freshman at Gustine High School, who intended to play football for Gustine High in the fall of 2006. Plaintiff attended a football camp jointly coordinated by Gustine and Liberty High Schools. While at football camp, Plaintiff was assaulted by several upper class teammates, and suffered additional acts of hazing by these individuals. The defendants are the Gustine and Golden Valley Unified School Districts, Gustine High School football coaches, the individuals who allegedly perpetrated these events, and the parents of the minors allegedly involved in these events. On May 31, 2007, Sheila Irene Callahan, as guardian ad litem for John Roe, a minor, the real party in interest, filed this action against defendants under 20 U.S.C. section 1681-1688 (“Title IX”) and 42 U.S.C. § 1983, as well as various state law tort claims. Plaintiff contends that the school districts and their employees violated Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq., by being deliberately indifferent to the alleged harassment. Plaintiffs’ claim for relief under 42 U.S.C. § 1983 is based on an alleged equal protection violation under U.S. Constitutional Amendment XIV. Plaintiffs state law claims against the school districts and its employees relate to their negligent failure to supervise the students under their custody and control. Before the court are motions for summary judgment filed by Defendants Gus-tine Unified School District, Jason Spaulding, Anthony Souza, and Adam Cano (collectively “School District Defendants”) and Defendant Carl Scudder (“Scudder”) (all collectively “Defendants”). Defendants’ motions seek summary judgment as to all of Plaintiffs claims against Gustine Unified School District or School District employees. II. FACTUAL BACKGROUND Because all material facts must be viewed in the light most favorable to the non-movant, they are accepted as true. The parties’ submissions present the following facts: A. The Parties At all relevant times, Plaintiff, John Roe, was a minor, under the age of eighteen years. (Compl. ¶ 5.) Sheila Callahan is the biological mother of John Roe, and both reside in Glendale, Arizona. (Compl. ¶ 5.) Gustine Unified School District (“GUSD”) was a public school district in the County of Merced. (Compl. ¶ 6.) Gustine High School (“GHS”) was a subordinate entity under GUSD. (Id.) Defendants Carl Scudder, Jason Spaulding, Anthony Souza, and Adam Cano (collectively “Individual GUSD Defendants”) are employees of a GUSD and/or Gustine High School. (Compl. ¶ 7.) Golden Valley Unified School District (“GVUSD”) was a public school district in the County of Madera. (Compl. ¶ 8.) Liberty High School (“LHS”) was a subordinate entity under GVUSD. (Id.) Defendants Hayes, Mann, and Imperatrice (collectively “Individual GVUSD Defendants”) are employees of a GVUSD and/or Liberty High School. (Compl. ¶ 9.) Defendants Kyle Simmons and Michael Simmons were minors residing in the County of Merced. (Compl. ¶ 10.) Defendants Kelly Simmons and Jason Simmons are the biological parents of Kyle Simmons and Michael Simmons. (Id.) Defendant Matthew McKimmie is a minor residing in the County of Merced. (Compl. ¶ 11.) Defendant Myrna Tyndal is the biological mother of Matthew McKimmie. (Id.) Defendant Tommy San Felipo is a minor residing in the County of Merced. (Compl. ¶ 12.) Defendants Frank Hudson and Betty Hudson are the legal guardians of Tommy San Felipo. (Id.) In July 2006, Kyle Simmons, Michael Simmons, Matthew McKimmie, and Tommy San Felipo were upperclassmen on the Gustine High School football team. It is undisputed that Kyle Simmons and Michael Simmons were reprimanded by GHS administrators for behavioral issues prior to the July 2006 football camp, including having their interdistrict transfers suspended or revoked. (Scudder Dep. 117:3-117:25.) Coach Scudder was aware of the suspension prior to the July 2006 football camp. (Id.) B. The July 2006 Football Camp On July 13th through July 15th, 2006, Gustine High School and Liberty High School held a contact football camp at Liberty High School. (PSUF 20.) The camp was organized and planned by Defendants Chris Imperatrice, head football coach at LHS, and Carl Scudder, head football coach at GHS. (PSUF 35.) GHS and LHS football players and coaches participated in a similar camp in the summers of 2004 and 2005. (PSUF 36.) There were no reported incidents of hazing or sexual harassment in 2004 or 2005. Approximately 60 GHS players attended the 2006 football camp, which was a designated “Play Day” event under California Interscholastic Federation (“CIF”) rules. (PSUF 39-40.) Attendance at the football camp was voluntary and players did not receive school credit for their attendance. (DSUF 4-5; Scudder SUF 3-4.) GHS students were transported to and from the Camp by two buses that were owned and operated by GUSD. (PSUF 51, 63.) Use of the buses and participation in the camp was requested in advance by Scudder and approved by Dennis Shaw, the Principal of GHS. (PSUF 52.) The only requirements for students to be eligible to participate in the camp were 1) that the students (or their parents) sign a Liability Waiver for LHS, 2) that they pay $25 or receive a hardship waiver, and 3) that they attend 40 hours of football practice prior to the camp. (PSUF 44-45.) It is undisputed that Plaintiff signed the waiver, paid the fee, and attended the required 40 hours of practice prior to July 13, 2006. The GHS players and coaches slept in the LHS gym Thursday and Friday nights, while the LHS players left campus each night after camp activities. During the Camp, all coaches for GHS and LHS were responsible for supervising the students while on the field and during combined activities. (PSUF 40-43.) The four GHS coaches were responsible for supervising the 60 GHS students while off the field, during break, meal and rest periods, and overnight while in the gym. (PSUF 41-42.) No other adults were charged with supervising the GHS students during the camp. (PSUF 42.) C. Hazing Incidents 1. The Air Pump Incident On the second day of camp, Plaintiff was assaulted by a group of GHS upperclassmen, Kelly Simmons, Michael Simmons, Matthew McKimmie, and Tommy San Felippo. The group chased Plaintiff into the LHS locker room, held him down, and then inserted a battery-controlled air pump into his rectum. (Pl. Dep. 188:11-191:10.) The group then activated the pump, inserting air into Plaintiffs rectum for a few seconds. (Id. 194:25-196:3.) According to Plaintiff, the attack occurred in the presence of several LHS students, who did not end the assault. (Id. 196:4-196:22.) Plaintiff also witnessed these individuals assault several other teammates with the air pump during the football camp. (Id. 179:4:181:11.) It is undisputed that Kelly Simmons, Michael Simmons, Matthew McKimmie, and Tommy San Felippo assaulted or attempted to assault with an air hose approximately fifteen players during the July 2006 football camp. 2. The Shower Incident On the second day of camp, following the assault, Plaintiff took a shower in the boys’ locker room. (Id. 204:12-204:22.) While Plaintiff was in the shower, San Felippo, without any clothes on, entered the shower area and proceeded towards Plaintiff, who was in the corner of the shower area. San Felippo grabbed Plaintiffs shoulders from behind and Plaintiff pushed him away. (Id. 206:3-207:6.) According to Plaintiff, San Felippo, in an effeminate tone, called Plaintiff a homosexual and grabbed his buttocks. (Id. 207:13-209:12.) San Felippo then left the shower area. (Id.) 3.The Pillow Fight On the second night of camp, the players engaged in a pillow fight. Based on the record, the pillow fight was a yearly ritual, with no prior incidents of abuse or violence. Coach Scudder approved of the pillow fight and several of the coaches were present in the gym for the pillow fight. According to Plaintiff, the pillow cases were filled with baby powder, football equipment, and other heavy objects. (PSUF 73.) The players then used the filled pillow cases to attack their teammates. (Id.) Plaintiff states that he sat next to one of the GHS coaches during the pillow fight in the hopes that he would be protected. (PSUF 72.) Sensing that he would be attacked anyway, Plaintiff engaged in the pillow fight. (Id.) According to Plaintiff, he was then hit in the head and face with the pillow cases stuffed with heavy objects. (PSUF 73.) Plaintiff states that he suffered injuries as a result of the blows. (PSUF 71-75.) According to Scudder, the players were not required to participate in the pillow fight. (Scudder Dep. 172:8-172:14.) Scudder stated that several players sat near their bunks, opting not to participate in the pillow fight. (Id.) Neither Scudder nor the assistant coaches witnessed any players put anything into their pillow cases. The assistant coaches also did not report any injuries stemming from the pillow fight, other than Nathan Xavier, who had a bloody nose. (Scudder Dep. 174:9-174:19.) According to Scudder, Mr. Xavier had a bloody nose earlier in the day. (Id.) 4. Flashing Incidents According to Plaintiff, during practice at GHS and during the 2006 Camp, the Simmons twins and San Felippo repeatedly exposed their genitals to other GHS players both on and off the field. (PSUF 76-78.) Plaintiff states that San Felippo repeatedly exposed his genitals, and would “slap” players on the head and face with his penis. (Id.) According to Plaintiff, he was one of the many victims of this conduct. (Id.) It is undisputed that Plaintiff did not report this behavior to Coach Scudder or any of the assistant football coaches. There is no evidence that Coach Scudder or any other Gustine high coach witnessed or otherwise knew of any of any players exposing their genitals. 5. Verbal Harassment at Camp According to Plaintiff, he suffered from repeated sexual harassment by the upperclassmen after the air pump incident. Plaintiff states that he was called homosexual epithets, “resulting in a collective belief among the other GHS players that Plaintiff was a homosexual.” (PSUF 80.) It is undisputed that Plaintiff did not report this behavior to Coach Scudder or any of the assistant football coaches. There is no evidence that Coach Scudder or any other Gustine employees witnessed or otherwise knew that any players used homosexual epithets. D. Knowledge of Hazing Events During the Camp, Coach Scudder observed a group of upperclassmen run across the gym in the direction of a teammate, Kevin St. Jean, who was sitting on his air mattress. (Scudder Dep. 152:6-152:16.) According to Scudder, the group, Kyle and Michael Simmons, San Felippo, McKimmie, and Felix Figueroa, pinned St. Jean’s arms to his side and blew air up the leg of his shorts, near his thigh. (Id.) St. Jean was sitting upright on his air mattress during the incident, never in a spread eagle position. (Scudder Dep. 153:8-153:12.) Scudder yelled at the group to stop, verbally reprimanding them and their “horseplay.” (Id.) Coach Scudder then confiscated the air pump and kept it for the duration of the camp. (Scudder Dep. 153:16-153:18.) Coach Souza was also present in the gym during the football camp, supervising the players. There is no evidence that Souza witnessed or otherwise knew of any of the events described above. Unless specifically noted, there is no evidence that Coach Scudder or any other Gustine high coach witnessed or otherwise knew of any of the events described above. E. Conduct after Camp The Camp concluded on Saturday, July 15,2006. (PSUF 20.) The GHS coaches and players next met for practice on Tuesday, July 18, 2006. Plaintiff returned to football practice on July 18, 2006. (DSUF 12.) Coach Scudder was out of town the week after the Camp so Coach Cano ran the practice in his absence. During one of the practices, Coach Cano overhead one of the players talking about what was done to Plaintiff during the Camp. The next day, Coach Cano called Dennis Shaw, the Principal of GHS, and told him he needed to speak with him about behavior at the Camp. A few days later, the two spoke and set up a meeting to review the incidents. On Monday, July 24, 2006, Dennis Shaw contacted the Gustine Police Department and Coach Scudder. Principal Shaw, Coach Scudder, Coach Cano, and an officer with the Gustine Police Department met on July 25, 2006 to discuss the events of July 13 through July 15, 2006. On September 12, 2006, GUSD initiated expulsion proceedings against the Simmons twins, McKimmie, and San Felippo. III. PROCEDURAL BACKGROUND On May 30, 2007, Plaintiff filed a complaint against Gustine and Golden Valley Unified School Districts, Gustine High School football coaches, the individuals who allegedly perpetrated these events, and the parents of the minors allegedly involved in these events. (Doc. 1.) The complaint set forth fifteen causes of action: (I) violation of statutory rights under Title IX, 20 U.S.C. §§ 1681-1688 against the School District Defendants and their employees; (2) violation of civil rights under 42 U.S.C. § 1983 against the School District Defendants and their employees; (3) sexual battery against the individual Defendants; (4) assault and battery against the individual Defendants; (5) intentional infliction of emotional distress against all defendants; (6) violation of Cal. Constitution, art. 1, § 7(a) against the School District Defendants and their employees; (7) violation of Cal. Civil Code § 52.4 against all defendants; (8) violation of Cal. Civil Code § 51 against the School District Defendants and their employees; (9) violation of Cal. Civil Code § 51.7 against the School District Defendants and their employees; (10) sex discrimination under the Cal. Education Code against the School District Defendants and their employees; (II) vicarious liability of Parent/Guardian for willful acts of a minor; (12) negligent supervision; (13) negligence per se against School District Defendants and their employees; and (14) negligent training against School District Defendants. Defendants filed their answers to Plaintiffs complaint on August 8, 2007. (Docs. 33, 35.) Defendants filed their motions for summary judgment on April 30, 2009. (Docs. 91, 96.) Defendants seek judgment on the following grounds: 1) Defendants are immune from Plaintiffs federal and state causes of action pursuant to California Education Code § 35330; 2) Plaintiffs section 1983 claims are barred by the Eleventh Amendment; 3) Plaintiffs evidence is insufficient to create a genuine issue of material fact under Title IX; and 4) Plaintiffs gender violence cause of action lacks merit. Plaintiff filed his opposition to Defendants’ summary judgment motions on July 27, 2009. (Doc. 107.) In support of his opposition, Plaintiff submitted a single Memorandum opposing all the motions (“Memorandum”). Plaintiff argues that Defendants are not immune under any provision of the California Education Code because the football camp was not a “field trip” or “excursion” under Cal. Ed.Code § 35330. Plaintiff also asserts that a state law immunity is incapable of providing a basis to defeat Plaintiffs federal causes of action. As to Defendants’ arguments concerning liability under federal law, Plaintiff argues that the Eleventh Amendment does not bar § 1983 claims against Scudder, Cano, Spaulding, and Souza in their individual capacities. Plaintiff also argues that there are triable issues of material fact as to his Title IX claim against GUSD. In his opposition, Plaintiff conceded he cannot prevail on the following state law claims against the moving Defendants: (1) Plaintiffs seventh and ninth causes of action based on Gender Violence. (Doc. 107, 7:17-7:19.) Plaintiff also concedes the following federal claims: (1) Plaintiffs Title IX claim for sexual discrimination and harassment against the individual moving Defendants; and (2) Plaintiffs § 1983 claim against GUSD and the individual moving defendants, in their official capacity only. (Doc. 107, 7:23-7:26.) IV. LEGAL STANDARD A. Summary Judgment/Adjudication Summary judgment, or summary adjudication, is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The movant “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal quotation marks omitted). Where the movant will have the burden of proof on an issue at trial, it must “affirmatively demonstrate that no reasonable trier of fact could find other than for the moving party.” Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir.2007). With respect to an issue as to which the non-moving party will have the burden of proof, the movant “can prevail merely by pointing out that there is an absence of evidence to support the non-moving party’s case.” Soremekun, 509 F.3d at 984. When a motion for summary judgment is properly made and supported, the nonmovant cannot defeat the motion by resting upon the allegations or denials of its own pleading, rather the “non-moving party must set forth, by affidavit or as otherwise provided in Rule 56, ‘specific facts showing that there is a genuine issue for trial.’ ” Soremekun, 509 F.3d at 984. (quoting Anderson v. Liberty Lobby, Inc., 411 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). “A non-movant’s bald assertions or a mere scintilla of evidence in his favor are both insufficient to withstand summary judgment.” FTC v. Stefanchik, 559 F.3d 924, 929 (9th Cir.2009). “[A] non-movant must show a genuine issue of material fact by presenting affirmative evidence from which a jury could find in his favor.” Id. (emphasis in original). “[Sjummary judgment will not lie if [a] dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505. In determining whether a genuine dispute exists, a district court does not make credibility determinations; rather, the “evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Id. at 255, 106 S.Ct. 2505. V. DISCUSSION To determine the scope of the federal actions that may be considered as part of the Plaintiffs case, the first inquiry addresses Defendants’ arguments that they are immune from liability for Plaintiffs federal claims under Cal. Educ.Code § 35330. A. Immunity Under California Education Code § 35330 Defendants argue that Cal. Educ.Code § 35330, subsection d, disposes of Plaintiffs entire action. Specifically, Defendants contend that Plaintiffs claims, both federal and state, are barred by Cal. Educ. Code § 35330(d), which provides immunity to school districts, charter schools and the State of California for injuries occurring during a “field trip” or “excursion.” Section 35330(d) provides: All persons making the field trip or excursion shall be deemed to have waived all claims against the district, a charter school, or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. Plaintiff disputes Defendants’ broad interpretation of California’s field trip immunity. Plaintiff maintains that § 35330(d) is “limited to claims for injury, accident, illness, or death occurring during or by reason of the field trip or excursion ... [b]oth Title IX and 1983 suits are civil rights actions — not personal injury actions.” (Doc. 107, 18:13-18:15.) Plaintiff argues that even if the field trip immunity applies, “the field trip immunity would affect only state law causes of action and not any federal or constitutional claims.” (Doc. 107,18:10-18:11.) The motion presents a question of law largely unrelated to the facts of this case: does Cal. Educ.Code § 35330(d), a state immunity statute, immunize Defendants from Plaintiffs federal civil rights claims? Pursuant to 42 U.S.C. § 1988, if a civil rights statute is “deficient in the provisions necessary to furnish suitable remedies,” the court is to look to state law. 42 U.S.C. § 1988. This rule is “subject to the important proviso that state law may not be applied when it is inconsistent with the Constitution and laws of the United States.” Robertson v. Wegmann, 436 U.S. 584, 590, 98 S.Ct. 1991, 56 L.Ed.2d 554 (1978) (internal quotations omitted). The Supreme Court has identified the purposes behind the Federal Civil Rights Act: (1) to prevent official illegality, Robertson, 436 U.S. at 592, 98 S.Ct. 1991, and (2) to “compensate persons for injuries caused by the deprivation of constitutional rights.” Carey v. Piphus, 435 U.S. 247, 254, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978). Defendants argue that § 35330(d) is consistent with federal law and “provides guidance on a unique situation not contemplated by federal legislation.” (Doc. 96, 8:9-8:11.) Defendants assert that “without consideration of § 35330 with respect to Plaintiffs federal claims, the law is not adapted to the object as is required by 42 U.S.C.1988(a).” (Id.) Defendant cites a number of federal decisions for the proposition that “federal courts are expressly authorized to adopt state law to define the scope of federal claims, including 42 U.S.C. 1983.” Defendants rely on Provencio v. Vazquez, No. 1:07-CV-0069-AWI-TAG, 2008 WL 3982063 (E.D.Cal., August 18, 2008), to assert that § 35330(d) is consistent with the Constitution and the Federal Civil Rights Act, permitting adoption of § 35330 to define the scope of the federal claims at issue in this litigation. Provencio is distinguishable. Unlike this case, the issue in Provencio was whether a state survival statute barring recovery of a decedent’s pain and suffering was contrary to the compensation and deterrence purposes of § 1983. Provencio found: The deterrent purpose of Section 1983 is satisfied by the fact that Section 377.34 allows the estate to recover the punitive damages the decedent would have been entitled to recover had he survived. Unfortunately, once deceased a decedent cannot in any practical way be compensated for his injuries or pain and suffering, or be made whole. However, the statutory scheme for survivors in California still provides compensatory damages for the remaining injured parties, i.e. the survivors. California law provides for not only recovery by the representative of the estate but also for a wrongful death action by the decedent’s heirs. Thus, this court finds that the Estate’s claims for pain and suffering damages and hedonic damages are precluded by Section 377.34. Id. at *12 (citations omitted). Defendants reliance on Provencio is misplaced. Because California’s statutory scheme still provided for recovery by the representative of the estate and for a wrongful death action by the decedent’s heirs, Provencio found that § 377.34 was not inconsistent. In this case, the application of § 35330(d) completely eliminates any potential remedy for Plaintiff under § 1983 and Title IX. Barring recovery is inconsistent with Supreme Court precedent and the legislative intent that protection of federal civil rights be encouraged. See Felder v. Casey, 487 U.S. 131, 139, 108 S.Ct. 2302, 101 L.Ed.2d 123 (1988) (“the central objective of the Reconstruction-Era civil rights statutes ... is to ensure that individuals whose federal constitutional or statutory rights are abridged may recover damages or secure injunctive re-lief.”) (citation omitted). Defendants’ attempt to apply or expand the holding of Provencio fails. Good v. Dauphin County Social Services for Children and Youth, 891 F.2d 1087 (3d Cir.1989), is analogous. In Good, a mother suspected of child abuse brought a civil rights action against municipal and county officials who allegedly conducted an improper search of her home. Defendants moved for summary judgment under Pennsylvania’s Child Protective Services Law — 11 Pa. St. Ann. § 2211 — which “specifically granted immunity to those carrying out its provisions.” The District Court granted summary judgment on grounds that 11 Pa. St. Ann. § 2211 immunized Defendants for any violation of Plaintiffs’ Fourth Amendment rights. The Third Circuit reversed: A state immunity statute, although effective against a state tort claim, has no force when applied to suits under the Civil Rights Acts. The supremacy clause of the Constitution prevents a state from immunizing entities or individuals alleged to have violated federal law. This result follows whether the suit to redress federal rights is brought in state or federal court. Were the rule otherwise, a state legislature would be able to frustrate the objectives of a federal statute. Id. at 1091, citing Wade v. City of Pittsburgh, 765 F.2d 405, 407-408 (3d Cir.1985). Supreme Court and Ninth Circuit precedent is consistent with Good. In Martinez v. State of California, 444 U.S. 277, 100 S.Ct. 553, 62 L.Ed.2d 481 (1980), Defendant Parole Board Officials were dismissed (federal and state claims) by the trial court under a California statute conferring numunity on officials responsible for parole decisions. Id. The Supreme Court found that “the California immunity statute does not control this claim even though the federal cause of action is being asserted in state courts:” “Conduct by persons acting under color of state law which is wrongful under 42 U.S.C. § 1983 or § 1985(3) cannot be immunized by state law. A construction of the federal statute which permitted a state immunity defense to have controlling effect would transmute a basic guarantee into an illusory promise; and the supremacy clause of the Constitution insures that the proper construction may be enforced. The immunity claim raises a question of federal law.” Martinez, 444 U.S. at 284, 100 S.Ct. 553 (citations omitted). The Supreme Court recently reaffirmed this well-established principle in Haywood v. Drown, — U.S. -, 129 S.Ct. 2108, 2131, 173 L.Ed.2d 920 (2009): “permittfing] a state immunity defense to have controlling effect over a federal claim violates the Supremacy Clause.” The Ninth Circuit recognizes that “state law cannot provide immunity from suit for federal civil rights violations.” Wallis v. Spencer, 202 F.3d 1126, 1143-44 (9th Cir. 2000); Romstad v. Contra Costa County, 41 Fed.Appx. 43 (9th Cir.2002). In Romstad, the Ninth Circuit found that the district court erred by applying California Government Code § 820.2, a state immunity statute, to the Romstads’ federal claims: “immunity under § 1983 is governed by federal law; state law cannot provide immunity from suit for federal civil rights violations.” Id. at 46. Defendants simply ignore federal law concerning the application of state law immunities to federally created statutory rights. In his reply brief, Defendant Scudder states “[i]f the court were to limit the reach of Education Code § 35330(d) to the state law claims only, this would fly in the face of the clear intent of the [California] legislature to financially protect school district and their employees.” This turns the law on its head. Defendants’ arguments “fly in the face” of the Supremacy Clause and clearly established Supreme Court and Ninth Circuit law that federal not state law is supreme. Congress sought to provide an effective remedy for federal violations, to do so Supreme Court and Ninth Circuit precedent expressly abrogate conflicting state law immunities in federal civil rights cases. The application of the California “field trip immunity” statute is inconsistent with purposes of the Civil Rights Act. Section 35330(d) does not preclude a specific form of damages as did the survival statute in Provencio. In this case, if applied, § 35330(d) completely immunizes defendants from liability resulting from a violation of federal law and defeats the federal civil rights act. Even assuming, arguendo, that § 35330(d) is applicable to this case, the California “field trip immunity” cannot immunize Defendants from liability resulting from a violation of superceding federal law, only, if applicable, for state law claims. B. Section 1983 Plaintiffs Complaint alleges that Defendants’ actions are prohibited by 42 U.S.C. § 1983 and the Fourteenth Amendment to the U.S. Constitution. The Complaint states that “Defendants intentional acts or omissions [... ] caused a deprivation of Plaintiffs right to equal protection because as a male victim of sexual abuse and sexual harassment, discrimination and violence by other males, Plaintiff was intentionally treated differently from female victims of sexual abuse and sexual harassment.” (Compl. ¶ 56.) “Section 1983 provides a federal forum to remedy many deprivations of civil liberties, but it does not provide a federal forum for litigants who seek a remedy against a State for alleged deprivations of civil liberties. The Eleventh Amendment bars such suits unless the State has waived its immunity, or unless Congress has exercised its undoubted power under § 5 of the Fourteenth Amendment to override that immunity.” Will v. Mich. Dept. of State Police, 491 U.S. 58, 66, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). 1. Gustine Unified School District In Belanger v. Madera Unified School Dist., 963 F.2d 248, 251 (9th Cir.1992), the Ninth Circuit held that a California school district was a state agency for purposes of the Eleventh Amendment. Belanger is premised on a number of significant facts; California school districts have budgets that are controlled and funded by the state government rather than local districts, California law treats public schooling as a statewide or central government function, and California school districts can sue and be sued in their own name. Id. at 251-54; see also Doe v. Petaluma City Sch. Dist., 830 F.Supp. 1560, 1577 (N.D.Cal.1993) (“California School districts are arms of the state for purposes of Eleventh Amendment immunity and are therefore immune from liability under section 1983”). Defendant Gustine Unified School District argues that it is an arm of the state for purposes of Eleventh Amendment immunity, entitling it to summary adjudication. (Doc. 96-2, 9:18-9:20.) Plaintiff does not oppose Defendant’s motion, abandoning the § 1983 cause of action against Defendant Gustine Unified School District. (See Doc. 107, 7:25-7:27. (stating Plaintiff “concede[s] dismissal of the following claims: Plaintiffs 42 U.S.C.1983 claim against GUSD ....]”.) Summary adjudication is GRANTED in favor of Defendant Gustine Unified School District against Plaintiff as to Plaintiffs § 1983 claim. 2. Individual Defendants Sued in their Official Capacities “[A] suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office. It is no different from a suit against the State itself.” Will, 491 U.S. at 71, 109 S.Ct. 2304. Individual District Defendants move for summary adjudication as to Plaintiffs § 1983 claim against them in their official capacities. (Doc. 96, 10:7-10:16; Doc. 91, 9:14-9:22.) Plaintiff does not oppose Individual District Defendants’ motions, abandoning the § 1983 “official capacity” cause of action. (See Doc. 107, 7:25-7:27 (stating Plaintiff “concede[s] dismissal of the following claims: Plaintiffs 42 U.S.C.1983 claim against [...] Defendants Scudder, Cano, Spaulding, and Souza, in their official capacities].”.) Summary adjudication is GRANTED in favor of moving Defendants as to Plaintiffs § 1983 claims against Defendants Scudder, Cano, Spaulding, and Souza, in their official capacities. 3. Individual Defendants Sued in their Personal Capacities Defendants first argue that the Complaint “does not allege that the Individual Defendants are being sued for violations under Section 1983, in their personal capacity.” However, when a § 1983 complaint is ambiguous or unclear as to the capacity in which an official is being sued, as is the case here, it is presumed that he is being sued in his personal capacity. See, e. g., Romano v. Bible, 169 F.3d 1182, 1186 (9th Cir.1999) (noting courts “presume[s] that officials necessarily are sued in their personal capacities where those officials are named in a complaint, even if the complaint does not explicitly mention the capacity in which they are sued”); Shoshone-Bannock Tribes v. Fish & Game Comm’n, 42 F.3d 1278, 1284 (9th Cir.1994) (stating “[w]here state officials are named in a complaint which seeks damages under Section 1983, it is presumed that the officials are being sued in their individual capacities. Any other construction would be illogical where the complaint is silent as to capacity, since a claim for damages against state officials in their official capacities is plainly barred.”) (citation omitted). While the Complaint does not name the Individuals Defendants in their “individual capacities,” the Complaint clearly asserts individual capacity claims by specifically naming each Individual Defendant and requesting actual, compensatory, statutory, and punitive damages based on the coaches’ personal involvement. Defendants’ first argument is insufficient to summarily adjudicate Plaintiffs § 1983 claim in favor of Individual Defendants. However, Individual Defendants advance an alternative argument for summary adjudication, namely that each coach is “shielded from the liability by the doctrine of qualified immunity.” (Doc. 96-2,10:24-10:28.) Suits against government officials in their individual or personal, rather than official capacities, are not barred by the Eleventh Amendment. Price v. Akaka, 928 F.2d 824, 828 (9th Cir.1990). However, the doctrine of qualified immunity protects “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The doctrine of qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law .... ” Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). In analyzing a claim of qualified immunity, there are two inquiries: “First, we inquire whether, taken in the light most favorable to the party asserting the injury, that party has established a violation of a federal right. Assuming this threshold inquiry is satisfied, we consider whether the School Officials’ conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Preschooler II v. Clark County Bd. of Trs., 479 F.3d 1175, 1179-80 (9th Cir.2007) (internal quotations and citations omitted). While this sequence is “often appropriate, it should no longer be regarded as mandatory.” Pearson v. Callahan, — U.S. -, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009). Plaintiff alleges a claim for violation of his right to equal protection, contending that the Individual Defendant’s actions were driven by gender discrimination. The Complaint alleges generally that employees of GUSD “have enforced and do enforce policies and procedures to prevent and/or remedy female students and female student athletes from male-on-female sexual abuse and sexual harassment, discrimination, and violence.” (Compl. ¶ 49.) More particularly, Plaintiff alleges that “Defendants intentionally failed to take appropriate disciplinary or remedial measures to address the ongoing harassment, intimidation, assault, battery, and retaliation because of Plaintiffs gender and the male-on-male nature of the sexual abuse and harassment.” (Id.) The Fourteenth Amendment provides that “[n]o state shall ... deny to any person within its jurisdiction the equal protection of the laws.” Denials by any person acting under color of state law are actionable under § 1983. In order to establish a § 1983 equal protection violation, Plaintiff must show that the Individual Defendants, acting under color of state law, discriminated against him as a member of an identifiable class and that the discrimination was intentional. Flores v. Morgan Hill Unified Sch. Dist., 324 F.3d 1130, 1134 (9th Cir.2003). An equal protection claim turns on proof that the defendant “acted in a discriminatory manner and that the discrimination was intentional.” Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 740 (9th Cir.2000) (citation omitted). A “long line of Supreme Court cases make clear that the Equal Protection Clause requires proof of discriminatory intent or motive.” Navarro v. Block, 72 F.3d 712, 716 (9th Cir.1995) (emphasis in original; citations omitted). To preserve his equal protection claim, Plaintiff needs evidence sufficient to permit a reasonable trier of fact to find by a preponderance of the evidence that the individual defendants’ conduct was motivated by gender discrimination. See, e.g., Bingham v. City of Manhattan Beach, 341 F.3d 939, 948-49 (9th Cir.2003). Plaintiff does not specifically address equal protection. Plaintiff states “the Eleventh Amendment immunity does not bar claims against Scudder, Cano, Spaulding, and Souza in their individual capacities. In that respect summary judgment should be denied [....]” (Doc. 107, 25:15-25:19.) Plaintiff does not identify specific ' evidence that the Defendants denied protection to GHS male students that it afforded similarly situated female students. Nor is there evidence that his coaches acted with gender animus. Plaintiff has the burden to establish his equal protection allegations. See Reese, 208 F.3d at 740 (“To succeed on a § 1983 equal protection claim, the plaintiffs must prove that the defendants acted in a discriminatory manner and that the discrimination was intentional.”) (citation omitted). The record is devoid of evidence of gender discrimination other than the allegations the Complaint’s conclusory allegations that sexual harassment policies were applied differently based on gender. Pleadings are insufficient to oppose summary adjudication. See Ross v. Hoeft, No. 07-17369, 2009 WL 3748187 *1 (9th Cir.Nov. 10, 2009) (stating that “[i]n order to rebut a party’s motion for summary judgment, the non-moving party must point to specific facts supported by the record, which demonstrate a genuine issue of material fact [... ] [s]uch specific facts, however, may not come from mere allegations or denials in its own pleading.”). Reese, 208 F.3d 736, held that defendant school district, which excluded plaintiff students from commencement ceremony for throwing water balloons at boys in the boys’ restroom, did not violate the Equal Protection Clause when it punished female plaintiffs without punishing the male students accused by the plaintiffs. The record does not support a charge that the school district acted with an impermissible motive, even if its disciplinary action against the plaintiffs can be viewed as harsh. There is no direct evidence of gender animus, nor is there even evidence of system-wide disparate impact in punishments between genders. The plaintiffs concede that the school district has enacted anti-harassment policies and has a record of enforcing those policies when violations are reported in a timely manner. Rather, the plaintiffs rely almost entirely on the fact that in this one case the girls who were caught “in the act” of inappropriate behavior were punished, while the accused boys, whose behavior had not been previously reported, were not punished. Id. at 740. Here, the Complaint suggests that the Individual Defendants, and GUSD, responded differently to “male-on-female” complaints of sexual abuse and/or sexual discrimination than it did to “male-on-male” incidents of the same conduct, but Plaintiff presents no evidence to support his claims that males and females were treated differently. Absent evidence of unconstitutional motive, Plaintiffs § 1983 claim necessarily fails. Summarily adjudicating Plaintiffs § 1983 in favor of Individual Defendants is consistent with Ninth Circuit precedent. See Reese, supra. It is undisputed that GUSD had a sexual harassment policy in 2006 and that the policy prohibited sexual harassment and gender harassment/discrimination. (DSUF 8.) The record reveals the only permissible inference is that the policy was consistently and fairly applied to male and female students enrolled in the Gustine Unified School District. The record also demonstrates that once school officials learned of the alleged sexual harassment, they suspended the suspected students and, later, expelled them. (PSUF 91-92). Plaintiff does not explain how this treatment differed from similar incidents involving female students, if there were such incidents. There is no record evidence that Plaintiffs coaches treated him differently and discriminated against him because he was a male. Viewing the evidence in the light most favorable to Plaintiff, no evidence shows a violation of Plaintiffs equal protection constitutional rights. Summary adjudication is GRANTED in favor of Defendants Scudder, Cano, Spaulding,, and Souza in their individual capacity on Plaintiffs equal protection claim. C. Title IX Defendants Scudder, Cano, Spaulding, and Souza move for summary judgment, arguing that they cannot be held individually liable under a Title IX theory. (Doc. 91, 10:18-10:21.) Plaintiff does not oppose this motion, abandoning the Title IX cause of action against Defendants Scudder, Cano, Spaulding, and Souza. (See Doc. 107, 7:23-7:25, filed July 27, 2009 (stating Plaintiff “concede[s] dismissal of the following claims: Plaintiffs 42 U.S.C.1983 claim against ... Defendants Scudder, Cano, Spaulding, and Souza, in their official capacity.”.) Summary judgment is GRANTED in favor of Defendants Jason Spaulding, Anthony Souza, Adam Cano, and Carl Scudder as to Plaintiffs Title IX claim for sexual discrimination and harassment. Defendant GUSD seeks summary judgment against Plaintiffs second claim for a violation of Title IX. Plaintiff alleges that “the severe and pervasive attacks on Plaintiff during the Camp amount to sexual discrimination and harassment in violation of Title IX.” The substance of Plaintiffs Title IX claim is that Coach Scudder, the Gustine High School head football coach and supervisor of the GUSD approved football camp, had actual knowledge of the student-to-student sexual harassment occurring during the football camp and took no disciplinary action. Title IX provides, with certain exceptions not relevant here, that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” 20 U.S.C. § 1681(a). Recipients of federal funding, like the Gustine Unified School District, may be liable for damages under Title IX for student-on-student sexual harassment. See Davis v. Monroe Cty. Bd. of Educ., 526 U.S. 629, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). For student-to-student sexual harassment, four requirements for imposition of school district liability under Title IX are: (1) the school district must exercise substantial control over both the harassed and the context in which the known harassment occurs, (2) the plaintiff must suffer sexual harassment ... that is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school, (3) the school district must have actual knowledge of the harassment, and (4) the school district’s deliberate indifference subjects its students to harassment. Reese, 208 F.3d at 739. Defendant GUSD argues that the alleged harassment was not severe and pervasive; not based on Plaintiffs gender; that the District lacked actual knowledge of alleged sexual harassment; and that there is no evidence of deliberate indifference by GUSD. 1. Substantial Control The Supreme Court limited a school district’s liability to “circumstances wherein the [district] exercises substantial control over both the harasser and the context in which the known harassment occurs.” Davis, 526 U.S. at 646, 119 S.Ct. 1661; see also Reese, 208 F.3d at 739. GUSD argues that the first factor is not met because “the alleged conduct occurred during a voluntary football camp, which was not held on GUSD campus and which occurred during the summer before school was in session.” (Doc. 91, 12:5-12:7.) The first requirement is that the District exercised substantial control over the harasser and the context in which the harassment occurs. This requirement can be met by proof that the misconduct occurred “during school hours and on school grounds” or when the “harasser is under the school’s disciplinary authority.” Davis, 526 U.S. at 646, 119 S.Ct. 1661. The District argues that none of the allegedly harassing acts took place on “school grounds,” given that the most egregious conduct took place on the campus of Golden Valley High School. It is undisputed, however, that the football camp was sponsored and promoted by Gustine High School, its football coaches and administrators, was a core part of Gustine High’s football program, and was under the supervision of Gustine High teachers and/or football coaches. The record clearly reveals that the players were transported to and from Liberty High School by GUSD buses and that Gustine High School football coaches supervised the players during the bus ride. The football camp was governed by a GUSD Administrative Directive, outlining supervision ratios, disciplinary procedures, and control techniques. This evidence is sufficient to satisfy this threshold inquiry on summary judgment. 2. Pervasive, Severe & Objectively Offensive Harassment The second requirement is that the harassment is sufficiently severe, pervasive, and objectively offensive that Plaintiff was denied an educational benefit. Davis, 526 U.S. at 633, 119 S.Ct. 1661. This is a two-part inquiry. A. Severe and Pervasive Sexual Harassment As for the first part of the second element, Plaintiff has presented enough evidence that the discrimination was “severe, pervasive, and objectively offensive.” Id. “Whether gender-oriented conduct rises to the level of actionable harassment depends on a constellation of surrounding circumstances, expectation, and relationships, including, but not limited to, the ages of the harasser and the victim and the number of individuals involved.” Id. at 651, 119 S.Ct. 1661 (citations omitted). Courts “must bear in mind that schools are unlike the adult workplace and that children may regularly interact in a manner that would be unacceptable among adults.” Id. Davis explicitly recognizes that schools serve as the testing ground for a variety of behaviors that would be unacceptable elsewhere, and that only sufficiently egregious behavior will subject a funding recipient to liability: [A]t least early on, students are still learning how to interact appropriately with their peers. It is thus understandable that, in the school setting, students often engage in insults, banter, teasing, shoving, pushing, and gender-specific conduct that is upsetting to the students subjected to it. Damages are not available for simple acts of teasing and name-calling among school children, however, even where these comments target differences in gender. Rather, in the context of student-on-student harassment, damages are available only where the behavior is so severe, pervasive, and objectively offensive that it denies its victims the equal access to education that Title IX is designed to protect. Davis, 526 U.S. at 651-52, 119 S.Ct. 1661. In this instance, Plaintiffs facts are that his teammates pinned him down and sexually assaulted him with an air hose, that he was hit with a pillow carrying a foreign object, that a teammate exposed his penis during a football practice, that one of the assailants subsequently touched his buttocks while in the shower, and that he was called homosexual epithets. These incidents, if proved, could amount to severe and pervasive conduct that was objectively offensive under Title IX. This harassment must amount to sexual harassment prohibited by Title IX. Title IX by its terms provides a remedy only for discrimination or harassment “on the basis of sex.” 20 U.S.C. § 1681(a). Harassment on the basis of sex can be perpetrated by an individual of the same sex as the victim for Title VII purposes, Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), and the same reasoning applies in the Title IX context. See Sherez v. Hawaii Dept. of Educ., No. 04-00390-JMS-KSC, 2007 WL 602097 at *7 (D.Haw. Feb. 16, 2007) (stating that “Title VII principles guide the resolution of Title IX sexual harassment and discrimination claims.”). Defendant argues that Plaintiffs Title IX claim fails on the ground that the assault is somehow mitigated because his harassers were of the same sex. Specifically, Defendant argues that the incidents of hazing related to “age” and “class standing,” not gender. Defendant points to Plaintiffs deposition testimony in an attempt to demonstrate the lack of gender animus: Q: And as far as [the air pump victims], it sounds like some of them were freshman, and some of them were people in older grades, and some were even high school seniors; is that right? A: Just to that one senior. Q: Any other seniors? A: Not that it would matter. Q: What about juniors? A: I doubt it. Q: So most of them were freshman then? A: Yeah, not even really sophomores. (PI. Dep. 178:7-178:18.) Although the record demonstrates that the perpetrators grabbed some of their victims from the freshman “sleeping area,” and that the pillow fight was “upperclassmen vs. lowerclassmen,” this does not eliminate the factual dispute arising from the sexual nature of the perpetrators’ acts. Facts demonstrating that the victims may have been targeted because of their class standing are capable of more than one inference, i.e., the facts are relevant to show animus based on age and gender. The two are not mutually exclusive. The use of gender-based or sexually loaded insults such as “fag” or “homo” can certainly be indicative of animus on the basis of gender, but the use of such terms without more is not necessarily sufficient to establish gender discrimination. The Supreme Court in Davis recognized that children are not like adults and often engage in behavior that adults would find inappropriate and offensive, without such behavior necessarily being actionable. 526 U.S. at 652, 119 S.Ct. 1661. Although Title IX was not intended and does not function to protect students from bullying generally, the homophobic language used by the perpetrators appears to be part of a larger constellation of sexually-based conduct, which included assaulting Plaintiff with an air hose, exposing their genitalia, and grabbing his bare buttocks in the shower. Drawing the inferences in Plaintiffs favor, there remains a factual dispute on the issue of whether “the conduct at issue relate[s] to gender.” At oral argument, GUSD maintained that, under Supreme Court precedent, including Davis, one instance of peer-on-peer harassment is insufficient to satisfy Title IX. First, taking the evidence in Plaintiffs favor, Plaintiff has identified multiple incidents of sexually-charged harassment by his peers at the football camp in July 2006. Second, several courts have held that a single instance of assault is sufficient to state a Title IX claim. See T.Z. v. City of N.Y., 634 F.Supp.2d 263, 270 (E.D.N.Y.2009) (outlining the cases in which courts have found a single event to withstand a Title IX challenge.) Drawing all reasonable inferences in Plaintiffs favor, material factual issues exist on the type of sexual harassment prohibited by Title IX. A reasonable jury could find that the alleged harassment, name-calling, and other incidents of an aggressive nature, were sufficiently severe and pervasive and were based upon sex. B. Denial or Exclusion from Educational Opportunities The remaining issue is whether the discrimination “effectively bar[red] the victim’s access to an educational opportunity or benefit.” Davis, 526 U.S. at 633, 119 S.Ct. 1661. To satisfy this element, a student need only establish that the sexual harassment was severe, pervasive, and objectively offensive to the point that it undermined and detracted from Plaintiffs educational experience and that he was denied equal access to an institution’s resources and opportunities. Davis, 526 U.S. at 651, 119 S.Ct. 1661. An evidentiary link between the harassment and access to educational or related services, balanced with the persistence and severity of harassment, can work to establish a disadvantaged environment for the victim. Davis, 526 U.S. at 652, 119 S.Ct. 1661. As discussed, this case involves harassment that lasted for at least three days, ultimately resulting in Plaintiffs withdrawal from Gustine High School. The sum of the District’s briefing on the issue is that Plaintiff was not denied access to educational opportunity because “[a]s of July 13, 2006, and at all relevant times thereafter, Plaintiff was permitted to attend Gustine High School and was permitted to participate on the football team [ ] in fact, Plaintiff continued to participate on the football team after the camp.” (Doc. 96-2, 12:23-12:27.) Plaintiffs single sentence response was that “the unabated sexually harassing conduct effectively barred the Plaintiffs access to educational opportunities or resources.” (Doc. 107, 21:13-21:14.) The most obvious example of student-on-student sexual harassment capable of triggering a damages claim involves the overt, physical deprivation of access to school resources. Davis at 650, 119 S.Ct. 1661. It is not necessary, however, to show physical exclusion to demonstrate that a student has been deprived of an educational opportunity by the actions of another student. Id. at 651, 119 S.Ct. 1661. Rather, the harassment must have a “concrete, negative effect” on the victim’s education or access to school-related resources. Id. at 654, 119 S.Ct. 1661. Examples of a negative impact on access may include dropping grades, id. at 634, 119 S.Ct. 1661, being diagnosed with behavioral and/or anxiety disorders, Theno v. Tonganoxie Unified School District No. 464, 377 F.Supp.2d 952, 968 (D.Kan.2005), becoming homebound or hospitalized due to harassment, see Murrell v. School District No. 1, Denver, Colorado, 186 F.3d 1238, 1248-49 (10th Cir.1999), physical violence, see Vance v. Spencer County Public School District, 231 F.3d 253, 259 (6th Cir.2000), or sexual assault, see Williams v. Board of Regents of University System of Georgia, 477 F.3d 1282, 1299 (11th Cir.2007). Plaintiff presents evidence of consistent and substantial abuse throughout the Gus-tine High football camp, including during actual practice sessions, the free periods between practices, during sleeping periods, and during evening free periods. These incidents allegedly occurred in Liberty High’s open gymnasium, on the practice field, in the locker room, and in the showers. Construing the evidence in Plaintiffs favor, the trier of fact could reasonably conclude that Plaintiffs ability to access Gustine High’s athletic resources was sufficiently impaired and denied because of the level of harassment he received by his peers at the Gustine High football camp, at least from July 13th through July 15th. Doe ex rel. Doe v. Coventry Board of Education, 630 F.Supp.2d 226 (D.Conn. 2009), (“Coventry”), a case where the court found a genuine issue of material fact on the issue of Plaintiffs access to her school’s educational opportunities, is instructive: The mere fact that [Plaintiff] Mary Doe and Jesse attended school together could be found to constitute pervasive, severe, and objectively offensive harassment so as to deny Mary Doe equal access to school resources and opportunities. The evidence shows that Jesse was permitted to continue attending school with Mary Doe for three years after the assault, leaving constant potential for interactions between the two. Although the Defendant argues otherwise, a reasonable jury could conclude that Jesse’s mere presence at the high school was harassing because it exposed [Plaintiff] to the possibility of an encounter with him. As potential interactions between Mary Doe and Jesse are enough to preclude summary judgment in favor of the Defendant, actual interactions between the victim and her assailant could also be found to create an environment sufficiently hostile to deprive the victim of access to educational opportunities provided to her at school. The record shows that Mary Doe and Jesse shared a lunch period and class during their sophomore year, and shared a class together the first day of their junior year. Mary Doe testified in her deposition that: “[Jesse] was always everywhere I looked. I always had to see him.” Mary Doe also stated that her “prom memories are pretty much trashed because [she] saw [Jesse] the whole time.” A jury could reasonably conclude that the circumstances were sufficiently pervasive, severe, and objectively offensive so as to detract from Mary Doe’s educational experience. Id. at 233. (citations omitted). In this case, Plaintiff practiced, scrimmaged, showered, and slept with his assailants for the duration of the football camp, as well as practicing with them when he returned to practice in August 2006. Although Coventry presents different facts, taking the evidence in his favor, Plaintiff has presented enough evidence that, if believed by a jury, could support a finding of a denial of athletic opportunities. At oral argument, GUSD argued that Plaintiffs mother’s removal of him from Gustine High in 2006 acts as a “waiver” and bars him from establishing that he was deprived access to the education opportunities or benefits provided by Gustine High. This argument was not fully briefed by the District, therefore the impact of Plaintiffs removal from Gustine High school by his mother is unclear. Since Plaintiff has created a triable issue of material fact as to whether he was denied access to Gustine High’s resources in July 2006, prior to his removal from Gustine High in August 2006, this issue need not be resolved at this time. 3. Actual Knowledge The third requirement is that Defendant must have actual knowledge of the harassment. In order for a funding recipient to be subject to Title IX liability, “an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient’s behalf [must have] actual knowledge of discrimination.” Reese, 208 F.3d at 739 (citation omitted). “Although the actual knowledge standard has been applied repeatedly by courts since Gebser v. Lago Vista Indep. Sch. Dist. [524 U.S. 274, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998)] its contours have yet to be fully defined.” Doe A. v. Green, 298 F.Supp.2d 1025, 1034 (D.Nev.2004); Crandell v. N.Y. Coll. of Osteopathic Med., 87 F.Sup