LOS ANGELES– A Latino civil rights organization is suing a private university and two collegiate athletic organizations for revoking a volleyball player’s scholarship offer and denying her eligibility because she is transgender, according to papers filed in federal court Friday.
MALDEF (Mexican American Legal Defense and Educational Fund) is challenging the decision by Westcliff University and by student athletic organizations California Pacific Conference (CAL PAC) and the National Association of Intercollegiate Athletes (NAIA) to revoke a scholarship and athletic eligibility to play for Westcliff that had been extended to Emma Morquecho, 33, of Phoenix, solely because she is a transgender woman. Attorneys argue that the denial of Morquecho’s scholarship after recruiting her and a subsequent change in policy regarding transgender athletes stymied her efforts to get an advanced degree and violated her rights under federal and state civil rights laws and regulations that prohibit discrimination based on sex.
“The Latino community is often first to be targeted under practices of irrational discrimination, and this case falls within that pattern,” said Thomas A. Saenz, MALDEF president and general counsel. “Discrimination, based on stereotype and false assumption, against trans athletes must end, especially in California where so many of those harmed will be members of the state’s largest racial/ethnic community.”
In 2022, Morquecho sent a letter of interest to Westcliff University, a private, for-profit university in Irvine, California. In her correspondence with the school’s women’s volleyball coach, Morquecho indicated that she is transgender.
In July 2023, Westcliff offered Morquecho a women’s volleyball scholarship for the 2023-2024 school year. Morquecho quit her job in Phoenix and moved to California to attend Westcliff and join the women’s volleyball team. She paid various administrative fees and took placement exams. On July 25, she was admitted as a student, pending completion of an enrollment agreement and registering for classes. Morquecho was aiming to join a master’s program for the College of Education beginning in the fall semester.
A few days later, Morquecho received a letter from the university stating that her eligibility to play was awaiting a decision by CAL PAC, and until then she would be prevented from playing. CAL PAC is a regional athletic conference of NAIA member institutions, including Westcliff. NAIA comprises more than 250 public and private accredited higher educational institutions and promotes athletics as an integral part of higher education. On August 10, 2023, the head coach of the Westcliff women’s volleyball team sent an email to Morquecho telling her that she was not eligible to play that fall and that Westcliff revoked her scholarship.
“By not letting Emma Morquecho earn a scholarship playing volleyball, Westcliff University, Cal Pac, and the NAIA have bowed to a national movement to ban transgender people from every facet of public life,” said Ernest Herrera, MALDEF Western Regional Counsel. “With this lawsuit, MALDEF seeks to restore an educational opportunity to a proud Latina student-athlete.”
Attorneys argue that Westcliff, NAIA, and CAL PAC jointly decided to deny Morquecho’s eligibility and scholarship because she is a transgender woman. Because Morquecho was excluded from playing volleyball, attorneys say she experienced emotional distress and anxiety, requiring her to seek therapy. In addition, Morquecho’s educational goals were subverted because she could not afford to pay tuition for the master’s degree out of pocket, attorneys say. The lawsuit claims the organizations’ actions violate Title IX of the 1972 Education Amendments of the federal civil rights law, which prohibits sex discrimination by educational institutions that receive federal funding. Westcliff, CAL PAC, and the NAIA all receive federal funding. In addition, the lawsuit claims violations under California’s Unruh Civil Rights Act, which prohibits discrimination based on sex and sexual orientation, and other protected characteristics.
Separately, the lawsuit claims that Westcliff’s actions violate California Government Code, prohibiting denial of access to any program or activity that receives state funding based on sex or other protected classes. Attorneys also argue that Westcliff’s revocation of Morquecho’s scholarship and eligibility to play volleyball because she is transgender violates the state’s Equity in Higher Education Act.
“By taking a stand, I’m not just fighting for myself. I’m speaking for every trans person who has been silenced, and I hope my voice empowers others in our community to know their stories and their rights matter,” said Morquecho. “Together, we can create a future where everyone is treated with dignity and respect.”
Attorneys filed the lawsuit in the U.S. District Court for the Central District of California and are asking the court for a permanent injunction of the NAIA policy and Westcliff’s and Cal Pac’s enforcement of it, restoration of Morquecho’s athletic eligibility and scholarship, and for damages to be paid to Morquecho, as well as attorneys’ and other fees.
Read the complaint HERE.