College | Transgender

California University Sued for Expelling Student After Discovering She's Transgender

Domaine Javier

Domaine Javier applied for admission to the California Baptist University in Riverside to pursue studies in nursing after having attended Riverside City College for several years.

Despite initially being accepted to CBU with honors, her admission was revoked when the school officials learned that she was transgender and faulted her with “committing or attempting to engage in fraud, or concealing identity.” Adding insult to injury, Ms. Javier is banned from the campus grounds.

In a private meeting with the dean where she was not allowed to bring anyone else nor take notes, she was informed that the fraud she had committed was checking "Female" in her application. The dean had seen her appearance on MTV's True Life where she discussed the challenges of being transgender, and since she was not biologically female, Ms. Javier had committed fraud. She was expelled soon after the meeting.

Davis Wright Tremaine LLP associate Paul Southwick helped file a lawsuit on Ms. Javier's behalf with the Riverside County Superior Court, claiming that CBU violated California’s Unruh Civil Rights Act, which prohibits businesses from discriminating based on gender identity. The university countered by claiming freedom of religion, but Wright's riposte was that CBU “competes in the public marketplace to attract students regardless of their religious affiliation” and was a participant in a government backed, tax-free bond-financing program, through which “it has raised over $100 million…and is seeking an additional $155 million, to construct educational facilities to be used exclusively in support of secular education.”

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Comments

  1. Uh oh, that stupid Baptist school really stepped in it this time. They'll either have to let her attend, pay up a nice lawsuit or pay back the millions they got in grants.

    Hmm, what to do, what to do...?

    Posted by: johnny | Oct 3, 2013 8:49:20 AM


  2. I have no sympathy for her. Any LGBT dumb enough to enroll in a christian college/organization this day and age has no right to act surprised when they suddenly fire you or don't want you around anymore. It's not like they hide the fact that they hate us.

    The article only says she has presented herself as a female since she was young- so I'm wondering if she actually ever went through the effort to legally change her birth certificate to female. If not then the universities fraud charge might stand up.

    Posted by: Edmund | Oct 3, 2013 9:10:48 AM


  3. I agree with Edmunds on one thing: Did she complete, or at least begin, the legal part o transitioning?

    If she did, the university is at fault. Bu if she didn't, while I'm not saying they should have expelled her, they had a basis to do so.

    They're still discriminative and bigots, that's for sure.

    Posted by: Nirgal | Oct 3, 2013 9:54:28 AM


  4. How typically hypocritical: the school wants to be treated as a secular school in all other ways but, when they choose to violate secular laws and standards, they try to claim a religious privilege.

    Posted by: Chuck Mielke | Oct 3, 2013 10:10:39 AM


  5. Edmund, did you ever consider her social context? Perhaps the school in Riverside is near her place of employment or close to a family member she cares for. Or perhaps it is the only school she could afford. Or perhaps she should just have the right to attend any school she wishes to, regardless of her gender identity. Saying that folks should just know their place and stay away from where they aren't wanted is just victim blaming.

    Also, the legal process to change one's gender identity is extremely complex and has many barriers. I do not know about California's system specifically, but it is not easy in any state. There are sometimes surgical requirements and sponsor requirements that can be a huge financial and logistical barrier.

    Posted by: Kevin | Oct 3, 2013 10:17:52 AM


  6. Kevin: Of course he didn't consider that, the lack of empathy in what he wrote is evident

    Posted by: jjose712 | Oct 3, 2013 10:29:15 AM


  7. @Kevin: "Perhaps, perhaps, perhaps" is all I hear. All you're doing is just speculating. What I said is fact: We have NUMEROUS examples of christofacist organizations acting in this exact same way, yet like masochist LGBT individuals continually go to them for education or employement and then act surprised when they face discrimination under the guise of religious belief. They lead their lives by the archaic edict of some dusty old book and some magic skydaddy- and yet we're supposed to act surprised when they voice their buybull based dislike of LGBT people by firing or kicking them out? It's the equivalent of me knowingly going to work in an area filled with radiation because it's close or convenient, and then acting surprised when I get cancer.

    And FYI, changing your birth certificate in CA is not difficult- it's easily accessible by anyone. Most of the process involves filling out legal forms and getting an affidavit from your doctor. Ignorance or failure to abide by the law is no excuse. THOSE LAWS ARE IN PLACE AS A PROTECTION FOR INDIVIDUALS. If she indeed legally changed her birth certificate, then yeah she has a case under CA law, but if she failed to do the simple process (which is easy to do even in a bigoted state like texas), then she pretty much screwed her own self over.

    Posted by: Edmund | Oct 3, 2013 10:46:06 AM


  8. Granted applying to a school run by a hate group is just dumb however the school is not denying her on religious grounds but because they claim a fraud. That eliminates the schools religious defense.

    Posted by: erry | Oct 3, 2013 10:57:09 AM


  9. I give her credit for actually looking like a girl, which is not true of most transgenders. I also give her credit for pursuing a degree in nursing, which shows that she is interested in employment and that she has compassion for others. You can infer from this that she is not a trans activist, as trans activists are largely unemployable and without care or compassion for anyone but themselves.

    But her suit has no chance. CBU is clearly a religious institution and is exempt from the state's antidiscrimination law. Christian Walters couldn't be bothered to do any actual journalism for this story, preferring to cut and paste statements and reporting from others. If he had actually gone to the CBU website, he would see that it defines its mission expressly as Baptist, affirms the infallibility of Scripture, guarantees 100% Christian faculty and staff and offers "a Christ-centered educational experience that integrates academics with spiritual and social development opportunities."

    Religious school=no claim.

    Posted by: Bill | Oct 3, 2013 10:59:12 AM


  10. Not sure about CA, but in most states you can change your name on your birth certificate, but not your gender until you've completed genital surgery, which surgeons won't perform on anyone under 18, so it's unlikely she's had the surgery yet even if she's been living full time as a girl most of her life.

    Posted by: Megan | Oct 4, 2013 12:36:15 PM


  11. Wow Bill your bigotry is shocking. Let me educate you about some transgender activists who you claim are ugly and unemployable:

    Janet Mock: Former People.com editor
    Dr. Marci Bowers: Surgeon
    Jennifer Finney Boylan: Professor and author
    Lana Wachowski: Creator of the Matrix movies
    Allyson Robinson: Former director of Human Rights Campaign
    Lynn Conway: Computer scientist and inventor of generalized dynamic instruction handling.
    Ben Barres: Professor of Neurobiology at Stanford.
    Anna Grodzka, Georgina Beyer, Vladimir Luxuria: Openly transgender parliamentarians in Poland, New Zealand, and Italy.

    I could go on. Also, "transgenders" isn't a real word. Transgender is an adjective so it should be "transgender people."

    Posted by: Megan | Oct 4, 2013 12:48:30 PM


  12. Megan:

    Sorry, but I never said that all trans activists are ugly and unemployable. I said that most transgender MTFs (activists or not) can't pass and that trans activists are largely unemployable and without compassion for others. I should clarify that I meant that trans activists are largely unemployable outside the bubble of trans activist orgs.

    I note that you don't object to the part about lack of compassion. At least you admit that.

    As for passability and employability, your response in no way refutes what I have said. Most of those people you mentioned cannot pass. I think only Mock would have chance of passing. And of those who are employed in real jobs, most are not trans activists and achieved professional success prior to identifying as, or even realizing that they were, trans.

    Finally, transgenders is no less a real word than transgender is. Both are contrived. It is all ideologically driven nonsense. In the case of transgender, it is an attempt to corral a bunch of different groups, everyone from effeminate straight men to hermaphrodites to transsexuals, into one bogus group.

    Posted by: Bill | Oct 4, 2013 3:54:15 PM


  13. Bill - You think most of us don't pass because you only "clock" the ones that don't pass, there are plenty of us you come in contact with everyday that you have no idea are trans. I am a chemical engineer in sales, making high six figures and am well respected. Your word play is not even worth discussing it is laughable. Good luck with your small mind, we are all around you. . . .

    Posted by: Andrea | Oct 7, 2013 6:41:07 PM


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