University of California Faces Lawsuit Over Harassment Policies

One of the largest state college systems in the U.S. is under legal scrutiny for its harassment policies that penalize students for “misgendering” or joking about their peers’ gender identities.

Defending Education (DE) filed a lawsuit against the University of California (UC) on Thursday, claiming its “unconstitutional speech policies” violate the First and Fourteenth Amendments related to its code of conduct on sexual harassment. The allegations center around the university’s Sexual Violence and Sexual Harassment (SVSH) policy.

According to the university’s policy manual, all employees and students must undergo mandatory “Sexual Harassment, Anti-Discrimination, Prevention and Education” (SHAPE) training to ensure a community devoid of sexual harassment, violence, retaliation, and other inappropriate behaviors.

The university categorizes behaviors deemed as “harassment” to include “misgendering” someone or making jokes regarding the gender identity of classmates or coworkers.

Sexual harassment is defined within the policy as “sex-based conduct that creates a hostile environment.” It encompasses various acts of aggression, intimidation, or hostility linked to gender, gender identity, expression, or sexual orientation.

The policy also includes language around behaviors based on sex characteristics and identities, noting that using an individual’s incorrect name or pronoun is considered harassment. For instance, using the “dead-name” of a transgender person may lead to university sanctions.

Moreover, making jokes about someone’s sexual orientation also falls under harassment. For example, students mocking others for “acting gay” may face disciplinary actions.

This “prohibited conduct” isn’t confined to on-campus activities; it can extend to off-campus situations that the university believes have negative impacts on the campus environment.

The enforcement of these policies lies with the university’s “Systemwide Title IX Director,” who is expected to interpret the regulations consistently without making substantive changes.

Interestingly, the university acknowledges in its policy a preference for not implementing several pre-Biden-era Title IX regulations reintroduced by the Trump administration in 2025, which focused on biological sex as the basis for regulations.

Stating that it adheres to Title IX regulations “only when required,” the university expresses concern over potential cuts to federal funding.

DE’s lawsuit criticizes UC’s attempts to “coerce” student speech on significant public issues. The lawsuit argues that under the pretext of “sexual harassment,” UC has created a speech code that punishes students for exercising their right to free speech, effectively discouraging them from expressing views that diverge from the university’s approved narratives.

As of now, neither the University of California nor its Systemwide Title IX Director has responded to requests for comment regarding the lawsuit.