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222340P.pdf   09/20/2023  Elijah Wells  v.  Creighton Preparatory School
   U.S. Court of Appeals Case No:  22-2340
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Stras, Author, with Shepherd and Kobes, Circuit Judges] Civil case -Title IX. Plaintiff failed to plausibly allege that the defendant school discriminated against him on the basis of sex; assuming for the purpose of analysis that plaintiff's allegations gave rise to an inference of bias, nothing in the complaint plausibly linked his expulsion to the fact that he is male; similarly, his alternative theory that the all-male school engaged in selective enforcement, plaintiff could not point to a female student who faced sexual-misconduct allegations or anything plausibly alleging discrimination based on gender; there is no private right of action to enforce 34 C.F.R. Sec. 106.8(c) regarding publication of grievance procedures; the district court did not abuse its discretion in declining to exercise supplemental jurisdiction over plaintiff's state law claim for breach of contract.