From the Riverside Press-Enterprise: Domaine Javier, 24, said university officials told her she was expelled for falsely claiming on her application form that she is a female. Javier revealed on MTV's "True Life" that she is biologically male.
Letters the university sent to Javier say she was expelled for "committing or attempting to engage in fraud, or concealing identity," and for presenting false or misleading information in university judicial processes.
Javier, 24, said she has identified herself as female since she was a toddler and correctly clicked the space next to "female" on the online application form.
"I didn't do anything wrong," she said. "They said, 'On your application form you put 'female.' And I was like, 'Yeah, that's how I see myself.'"
And in the category of even more ridiculous, the story reveals that the California law does not cover private universities. I note, however, that California is under the jurisdiction of the Ninth Federal Circuit Court. The Ninth Circuit has ruled that federal laws referring to sex discrimination include transgender people, and I hope that Ms. Javier finds a good lawyer.
The idea that a transgender person commits fraud by stating their current sex, rather than their birth sex, is simply wrong. I have discussed this in the health care context, in my article "An Attorney's Perspective on Fraud Related to Health Care," in the Journal of Controversial Medical Claims. While there are few court opinions directly on point, the idea that my identification as a female is "fraud" is patently ludicrous. If that were true, then gender identity non-discrimination laws could have little effect, because it would be a simple matter to cry "fraud" and say that was the basis of discrimination, rather than the person's gender identity specifically.
It's obvious that Cal Baptist discriminated against Ms. Javier because of her sex, as well as her gender identity, and wants to avoid the effect of the law.