A federal judge on Tuesday blocked the UC from enforcing parts of its sexual harassment policy on members of a conservative advocacy organization.
Defending Education filed a lawsuit against the University on June 18, alleging that its Sexual Violence and Sexual Harassment Policy and the accompanying frequently asked questions section on its website violated students’ free speech rights. The group argued that the policy violated the First Amendment by treating deadnaming – the intentional use of a transgender person’s former name rather than their lived name – as potential harassment.
[Related: Conservative group files lawsuit against UC for alleged free speech violations]
United States District Judge Fred W. Slaughter of the Central District of California issued a preliminary injunction Sept. 15 in Defending Education’s lawsuit against UC officials, including UCLA Chancellor Julio Frenk and Title IX Director Mohammed Cato. The order bars the UC from punishing Defending Education’s members for deadnaming and misgendering, according to the injunction.
Slaughter said in the ruling that Defending Education was likely to succeed in its First Amendment claim, arguing that the UC’s policy “compels speech and is viewpoint-based.”
While the ruling provides temporary protection to the conservative group during proceedings, it allows the University to continue enforcing its sexual harassment policy on other students. Slaughter declined Defending Education’s request for a broader injunction.
“The court is concerned that under DE’s approach UC would be overly constrained from preventing harassment that goes beyond the Students’ planned speech,” Slaughter said in the ruling.
The conservative group also alleged in the lawsuit that the UC’s mandatory anti-discrimination training – known as the Sexual Violence and Harassment, Anti-Discrimination, Prevention and Education training – restricted students’ free speech by presenting a scenario characterizing repeated deadnaming as harassment.
The UC told the court that it had removed that specific example from the training, according to the ruling.
UCLA Media Relations, the UC Office of the President and Defending Education did not immediately respond to requests for comment on the ruling.
Four UC students submitted declarations supporting the suit, according to the court’s ruling.
“DE’s interpretation of the Policy is also supported by the SHAPE training which cautioned that the intentional and repeated use of biological names and pronouns creates a hostile environment,” Slaughter said in the ruling. “The court further finds that the Students have demonstrated a credible threat of enforcement.”
