WEST CHESTER – A transgender woman of color has filed a gender discrimination lawsuit against Lincoln University, leveling claims that transphobia prevented her from getting a proper education at the school and caused her to become suicidal.
Jane Doe of New Castle, Del., filed suit in the Chester County Court of Common Pleas on Sept. 16 versus Lincoln University of Pennsylvania of Lower Oxford Township and school officials Brenda Allen, Brian Dubenion, Lenetta Lee, Lyndsay Raymond, Gerald Garlic, Rev. Frederick Faison, plus Omega Psi Phi Fraternity and Alpha Phi Alpha Fraternity.
Doe says she has been a student at Lincoln University, the nation’s oldest historically Black university, since August 2016 and is now a senior. But, Doe says she was assigned to live in a male dorm, above her protests, instead of a dorm with cisgender females, where she would be safe.
Doe says the living arrangement made her gender dysphoria condition more harmful to her mental health, according to the lawsuit.
On April 21, 2017, after Doe auditioned for the cheerleading team, Doe claims that her fellow students denied Doe’s participation because “they didn’t know what to do with her,” and university officials allowed that discrimination.
Also in 2017, Doe began living off-campus, but adds she was harassed with constant transphobic abuse by Omega Psi Phi fraternity members who also lived in the apartment building. As a result, Doe says she returned to the on-campus male dorm in August 2019, where she previously resided.
In January 2019, Doe alleges applied for the “Lincoln Woman of the Year” award and was not able to be considered due to her gender identity, adding abuse continued the following month.
In February 2019, Doe explains she left her apartment and a group of Omega Psi Phi fraternity members who were nearby mocked and misgendered Doe, calling her a “f—t” and “gay as s—t.”
Doe adds she turned to various university officials for relief throughout 2019, including Allen and Faison, but was allegedly met with discrimination, indifference and misgendering
Doe also filed a complaint against the university with the Pennsylvania Human Relations Commission, alleging discrimination and harassment in October 2019.
“The PHRC has provided no meaningful assistance to Doe, has shown no sincere interest in resolving the matter, and the discrimination, harassment, failure-to-accommodate, and retaliation continued unrectified,” the suit states.
Due to the years of alleged abuse, Doe suffered from depression and suicidal thoughts, attended class less frequently and suffered a drop in her grades.
For 26 counts, including various forms of sex and gender discrimination, assault, tortious interference, negligence, negligent supervision, negligent infliction of emotional distress and intentional infliction of emotional distress, the plaintiff is seeking various reliefs:
• Damages in excess of $50,000;
• LGBT-sensitivity training for all university workers and students;
• A policy allowing students to live in dorms consistent with their gender identity; That gender dysphoria is a covered disability for which reasonable accommodations will be provided; That students will be housed in accordance with their gender identity and permitted to use facilities that are consistent with their gender identity and that students will be referred to using a name and pronouns consistent with their gender identity;
• Implementation of appropriate anti-harassment grievance procedures; and university-wide anti-harassment training.
The plaintiff is represented by Justin F. Robinette of the Law Offices of Eric A. Shore, in Philadelphia.
Chester County Court of Common Pleas case 2020-06854
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com