UC system sued over ‘misgendering’ disciplinary policy

The University of California system is facing legal challenges over a policy that allegedly penalizes students for not using an individual’s preferred pronouns, as highlighted by a lawsuit from a conservative watchdog group.

The University of California’s Sexual Violence and Sexual Harassment Policy is said to infringe on free speech rights, according to the complaint filed by Defending Education, accessed by The California Post.

“UC leaves no doubt that its ban on hostile-environment harassment covers protected speech,” stated the legal representatives for Defending Education in the documentation.

A section of the policy identifies derogatory slurs related to sexual orientation as examples of harassment. The policy suggests that even laughing at someone for their behavior could violate the policy, which Defending Education argues is a form of legally protected verbal speech.

Furthermore, the policy describes the “intentional or repeated use of a name or pronoun inconsistent with the individual’s gender identity” as an example of harassment.

According to Defending Education’s lawsuit, the policy’s scope is excessively broad, noting that “prohibited conduct” can occur online or via text message, not just on campus, and requires school staff to report suspected violations.

The lawsuit contends that the penalties under this policy are severe, potentially leading to expulsion from the UC system, revocation of academic degrees, and bans from certain campus activities and areas.

It also highlights student training materials that list complaints about being “misgendered” as prohibited conduct and emphasize that individuals cannot be compelled to use a bathroom that does not align with their gender identity.

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Defending Education argues that such stringent rules have significant consequences.

“These students want to engage in speech covered by the SVSH Policy, but they credibly fear that the expression of their deeply held views will lead to punishment,” the organization stated.

Defending Education claims it has received testimonies from students who feel pressured by the policy. One UCLA senior reported that using pronouns inconsistent with her religious beliefs forces her to “self-censor.”

Two other students at UC San Diego and UC Irvine shared similar concerns in the complaint, emphasizing that they bear “no ill-will towards people who identify as transgender or nonbinary” yet feel unable to criticize school policies.

Sarah Parshall Perry, Vice President and Legal Fellow at Defending Education, remarked, “It is a long-standing principle of constitutional law, frequently repeated by the US Supreme Court, that individuals cannot be compelled to express messages with which they disagree.”

She added, “California has effectively silenced students in the UC system by forcing them to affirm one particular viewpoint on gender identity, and biological sex.”

The UC System has not yet responded to requests for comment.

This lawsuit is part of a series of controversies related to race and gender within California’s higher education system.

The Trump administration has been investigating allegations of discrimination in hiring and admissions against white and male applicants at various schools, leading to funding being frozen over suspected civil rights violations and transgender policies.