MEMORANDUM & ORDER Plaintiff Jane Coe commenced this action against Charles Regan, who, at all relevant times, was an educator and plaintiff’s high school basketball coach employed by what is now the Eastport-South Manor Central School District (“Eastport”),1 along with the Eastport school district, and, in addition to Regan, various employees, agents, and officials allegedly acting on behalf of Eastport (the “individual defendants”), contending, pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C. §1681 et seq., 42 U.S.C §1983, and various New York state laws, that defendants are liable for Regan’s alleged sexual abuse and harassment of plaintiff while she was a minor and a student at Eastport. All defendants, with the exception of Regan,2 who has never appeared in this action, move to dismiss plaintiff’s federal claims pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the motion is granted. Background3 Coe attended middle school at Eastport from September 1997 through June 1999, moving to the district’s high school beginning in September 1999 and continuing through June 2002. See id.
42-44. At all relevant times, Regan was employed by Eastport as a special education teacher and girls basketball coach. Id. 45. Plaintiff was a member of the girls basketball team coached by Regan from September 1997 through June 1999. Id. 46. Coe’s relationship with Regan began in September 1997 when he became her basketball coach. Over the course of time, Coe alleges Regan, in various ways, both direct and indirect, importuned her to be responsive to his instructions and requests. Id. 46-49. Falling prey to the trap, Coe claims that she not only accepted him as a teacher and coach, she came to admire him personally and view him as a mentor and personal friend. See id. With the fullness of this relationship established, in 2001, Coe alleges, Regan was able to persuade her to accompany him to a New York Knicks basketball game at Madison Square Garden. Id. In advance of the game, Regan directed plaintiff to purchase the tickets, and to do so in a way that could not be traced to her. Id. 50. Plaintiff complied with Regan’s directives, and Regan drove plaintiff to the game. Id. 53. At the game, Regan purchased alcoholic beverages for Coe, which — at Regan’s urging — she drank, causing her to become intoxicated. Id. 54-55. Following the game, Regan drove Coe to his home, where, through the exercise of undue influence over her, Coe alleges, Regan manipulated her to perform an oral sex act upon him. Id.
