Allegations Concerning a Pattern of Abusive Conduct Are Enough to Survive a Motion to Dismiss

By Brian​ G. Nuedling, of Jackson Lewis P.C. While “simple teasing and name calling” may be insufficient to establish a claim under Title IX, the California Court of Appeal found allegations alleging a pattern of abusive conduct sufficient to survive a motion to dismiss. FACTUAL BACKGROUND In John T.D. v. River Delta Joint Unified School District,[1]the plaintiff was a member of the football team. He alleged that his coach routinely discussed sex with his wife and asked team membe