When I was a retail manager, I had a young lady who gave a false address and background information on her employment application. We were made aware of the false information about a month after hiring her. Consequently, I terminated her on the spot. The first thing she did was charge me and the company with discrimination because she was black and I’m not. However, I was able to supply full documentation to support my actions and her charges were dismissed.
It sounds like something similar is happening with California Baptist University in Riverside, California. Only this time, it’s not an open and shut case of racial discrimination as the person involved claims to be a transgender. In today’s culture, one never knows how the laws will be interpreted.
Domaine Javier, a 25 year old Philippine native came to the US in 2007. Javier then applied for entrance and scholarships at CBU. Javier was accepted to the Christian university, was granted a $ 3,500 academic scholarship and a $ 2,000 music scholarship. On all of the applications, Javier identified himself as a girl, even though he is anatomically a male.
The school was totally unaware of Javier’s true sexual nature until they were conducting a background check and discovered an MTV program, ‘True Life’ on which Javier appeared. The episode that Javier appeared on was titled ‘I’m Passing as Someone I’m Not.’
When CBU learned that Javier was really a male and had falsified all of his college documents and applications, they suspended her from all school campus classes and activities. Like most other universities, CBU prohibits anyone from submitting false documents which includes admission forms and financial aid.
However, Javier believes he did nothing wrong. He told a reporter:
“I didn’t do anything wrong. They said, ‘On your application form you put female.’ And I was like, ‘Yeah, that’s how I see myself.’”
Paul Southwick, Javier’s attorney says that CBU has unfairly tarnished ‘her’ character and good name and then told the press:
“They’ve falsely accused her of fraud and of concealing her identity. She was humiliated and forced to delay her education and career.”
Just because Javier believes he’s a she, doesn’t mean he has the right to legally claim it on official documents. A person can believe that he or she is a bird or is Obama’s brother, but that doesn’t give the legal right to say that on legal documents. Unless Javier undergoes a complete sex change and is physically altered, he should still be legally required to list himself as a male.
So how will the courts rule? Technically, California Baptist University was justified in expelling Javier because he falsified all of his admission applications and scholarship forms. However, will the case come up before one of the growing number of gay friendly judges who will rule on agenda and not on law? This will be an interesting case to watch.
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