RIVERSIDE, Calif. — A transgender woman has filed a lawsuit after she was expelled from a Christian university after she revealed in an episode of MTV’s “True Life” that she is biologically male.
Domaine Javier, 25, who was expelled from the California Baptist University in Riverside, Calif., in August 2011, filed her lawsuit on Monday, and accused the school of violating state anti-discrimination laws and breach of contract.
Javier is seeking $500,000 in damages.
Domaine Javier
In court documents, Javier attached a letter stating that she was expelled “because of fraud or concealing identity.” She also alleges that a university official informed her that she “inaccurately stated on her university application that she is a female.”
In an October 2011 interview with The Press-Enterprise, Javier said she has identified as female since she was a toddler.
“I didn’t do anything wrong,” Javier said. “They said, ‘On your application form you put female.’ And I was like, ‘Yeah, that’s how I see myself.’”
She told the paper in that same interview that Cal Baptist officials told her they discovered her appearance on an MTV “True Life” episode titled, “I’m Passing as Someone I’m Not,” while conducting a background check on her.
Portland, Ore.-based civil rights attorney Paul Southwick, who is representing Javier, said that the university has maligned his client’s reputation.
“They’ve falsely accused her of fraud and of concealing her identity,” he said. “She was humiliated and forced to delay her education and career.”
The suit alleges that, “California Baptist University suspended her, excluded her from campus, and expelled her for one reason: she is transgender. [...] As a result of the suspension, exclusion, and expulsion, Ms. Javier has suffered economic damages, including loss of the honors scholarships California Baptist University awarded and loss of wages.”
Javier had enrolled in Cal Baptist’s nursing program and had been awarded a $3,500 academic scholarship, in addition to a $2,000 music scholarship, the suit states.
Southwick said that her rights were violated by a university that cannot use its status as a religious academic institution to do so based on the state’s Unruh Civil Rights Act, which bars discrimination based upon gender identity.“California Baptist University is open to the public, regardless of religious belief. CBU also does not have a policy regarding transgender people or gender identity issues.” Southwick said adding; “She [Javier] followed all of CBU’s rules and did not violate any university policies, so she should be treated like any other student.”
Jim Wood, a senior pro bono counsel for the San Francisco-based Transgender Law Center disagreed with the application of the Unruh Act, saying that the law generally does not cover private universities.
Southwick argued that Cal Baptist, which is open to people of all faiths and primarily offers degrees in secular fields, functions as a business establishment offering services to the general public, which means it is covered under the law.
“We’re not talking about a private seminary or Bible college,” he said. “Just because Cal Baptist is a religiously affiliated institution doesn’t give it a right to discriminate.”
Established in 1950, CBU is affiliated with the Southern Baptist Convention and has an estimated enrollment of over 6,000 students and allows for non-Baptists and non-Christians to enroll.
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Sue their pants off…stand up and be YOU!
I like it for the suing and pursuit of justice, not the expulsion part.
way to go. This is not a choice- she already has enough on her plate, now they want to deny her an education- go try.
Kick ass
Get’em sweetie. No one should tell you that you cant be yourself.
Unfortunately, because it’s a private college they have their own set of rules to go by that you sign a contract and if you do anything against their beliefs, you can be expelled. If this were a public university, she would have more of a leg to stand on. This is not me being on their side at ALL. I hope she can sue them and get her degree or at least have her credits transfer somewhere she can be herself (which should be everywhere)
Depends on how you look at it: “Southwick argued that Cal Baptist, which is open to people of all faiths and primarily offers degrees in secular fields, functions as a business establishment offering services to the general public, which means it is covered under the law.”
You never know. I think you may be right though. I went to a private school and was denied bathroom privileges. I could not do anything about it.
Fuck private schools. Seriously. You shouldn’t be able to make your own special snowflake rules, especially when that means you can discriminate against the students who fucking PAY to attend. I’m glad I’m going to a public state school. It might not look as pretty on a resume but most employers only care that you HAVE an education, not WHERE you got it.
Well, on the one hand, the university is absolutely in the wrong; *SHE* IS a female, and since she identifies as such she should be recognized as such. If there is a specific Act that says that she can’t be discriminated against, SHE CAN’T; and doing so is illegal, unfair and completely unwarranted!!!
………..but I’m sorry, this is still a “DERP!” moment! If you go on TV and share your story about being transgendered, people *WILL* find out (they don’t have any right to act/discriminate based upon it, but they will still know). I mean, and being shown on an episode called “I’m Passing as Someone I’m Not”, and expecting no controversy of any kind by doing so is very far-fetched. Like I said, it’s not right that the university expelled her…. but this is on the same lines as the person who was behind the lawsuit that forced McDonald’s coffee to have a “CAUTION! HOT!” label on it :/ (IMHO)
Even private institutions must operate within the law; problem is, there is no Federal law regarding LGBTQ American citizen rights. My question is why would she want to go there? Why put yourelf in the lion’ den? There are just a few other great schools in California, if memory serves.
Marissa Clark: Uh, unless you were convicted of a fucking crime that shouldn’t even matter.
Gregory P. Gallien: You would be surprised why some students go to the schools they go to. Usually it’s because of shitty parents who pull the “if I’m going to help pay you’re going to ONLY THIS SCHOOL” or something along those lines. I see this problem a lot, really.
This is so wrong =(… they need to be sued lol…
really this sadens me :(
always thought usa was a forward thinkin country
thats fucked up you shouldnt have to get expelled because of sexuality an education is a must not sexuality i would fight that and get back into school
Well, actually no I’m not surprised. There are forms of extortion and coercion everywhere in most everyone’s life. I guess i was just asking the question I asked because when I faced similar pressures in my youth, I stood up and said no, and left to be on my own. It was difficult, but I did it and I supported myself and got an education and lived my life as I saw and see fit. I’m not denegrating anyon else, but in my mind standing up and being who and what you are trumps everything,which is why I can understand why Ms. Clark is doing what she is doing; it just seems like she could have chosen a more receptive environment,if for no other reason than her own peace of mind.
I thought she looked familiar…with all this discrimination going on with people that are transgender…I actually though about her the other day. I wonder if MTV will do a follow up on how she’s doing and if she won the case!? I hope she wins…she deserves to win!
Hmm…in my opinion, maybe the school should have been more specific in their application process. Instead of asking “what sex (or gender) are you?” maybe they should have asked “were you born with a pair of balls or a pair of tits?”
Kick ass and make a stand gurl!!!!!
Delia Centeno: idk I’ve seen some dudes with big titties.
Drinks Energy: Uh bro gender is not sexuality. They’re not at all related.
Haha! Good point Tallyn. :)
I go there and I’m a lesbian and atheist. I can’t stand it, but I’m graduating in May. I REALLY hope she wins the suit.
This whole thing flies in the face of the FACT that not all people are either male or female. Just because the visual cues at birth connect with most peoples sex and gender, doesn’t mean you can discriminate against a minority.
I hope you win, girl
You go, girl!
I hope she is successful.
Fight them publicly and force them to settle in private shame. But in the end, get your credits transferred and graduate in a BETTER school if you can.
The time when some shitty religious nonsense can keep someone away from achieving their goals is long gone. The more examples we see proving this the sooner these hate-filled morons will stop.
I am transgender myself but I have to say, this woman did choose to attend a private, religious school. Baptists in this case, that at least here in South Texas we know are THE VERY MOST hardine bible-thumpers that will do everything in their power to ruin the life of anyone who defies their value system. Were I a judge I would grant a summary dismissal of the case, WITH PREJUDICE as this woman, transgender sister or not, made her own bed, and lied in it (in many ways!). She doesn’t get to cry about it and get paid for being stupid.
She has a point and will almost assuredly win her case…. But man does this smell of a set up.
Christopher Hughes…. You thought America was forward thinking? You must not be from around here.