From Day v. California Lutheran Univ., decided by Judge Josephine Staton (C.D. Cal.) Aug. 30 but just posted on Westlaw (appeal pending):
In their FAC [First Amended Complaint], Plaintiffs allege that in January 2020, the Softball Team "held a team-bonding lip-sync event with makeup and costumes." Jane Does 1-5 decided to perform The Fresh Prince of Bel-Air theme song and "dress like 'dudes' in a 'Boy Band' with the style of Hip-Hop clothing worn by 'Boy Bands.'" They also "decided to add hats or wigs to hide their feminine hairstyles, and makeup to portray facial hair to make their faces appear more masculine." Two of the girls wore "dirty-blond 'Napoleon Dynamite' wigs." The lip-sync routines were observed by members of the Softball Team, as well as by Plaintiff Coaches Day, Gluckman, and Young. Plaintiffs note that Does 1-5 took part in the lip-sync routine and Does 6-24 did not. The Softball Team later "posted pictures and videos of said routine to their Team Instagram page."
Plaintiffs allege that Defendants Chris Kimball, then the President of CLU and Melissa Maxwell-Doherty, then CLU's Vice President of Mission and Identity, "viewed said pictures and confirmed with the Softball Team, their coaches, and their parents that said Softball Team members: a) were under the supervision of an African-American Softball coach; b) had makeup on their faces to resemble men's facial hair in the form of beard stubble and goatees; and c) were not engaged in any racially motivated activities."
However, Plaintiffs note that "[d]espite such confirmation, Defendants Kimball and Doherty publicly proclaimed to the entire Ventura County community and national press that: a) said conduct constituted 'Blackface'; b) Plaintiffs intentionally participated in and/or allowed 'comedic performances of 'blackness' by whites in exaggerated costumes and makeup'; c) CLU intended to 'call attention' to the event to the entire Ventura County community – not just the CLU community; and d) '[t]hose who are responsible will be held accountable.'" Plaintiffs further allege that "Defendants Kimball and Doherty in particular, allowed the Softball Team and their Coaches to be publicly shamed and harassed, placed in fear for their safety, be the subject of unabated racial slurs by other students in violation of CLU written policy, and to otherwise suffer lifelong injury to their mental health and reputations."
