From yesterday's decision by Judge David Estudillo (W.D. Wash.) in Arias v. Univ. of Wash. Tacoma:
For purposes of the present motion, and resolving the disputed material facts in Plaintiff's favor, the Court finds:
Plaintiff's interaction with Defendant Vern Harner on April 20, 2023 was "momentary." Plaintiff mentioned she was thinking about focusing her zine project on women's rights and showed Harner her computer screen with a Google search for an article available; she "did not have any article open." Harner did not say much but told Plaintiff to make sure the source Plaintiff planned to use was reputable. Harner did not tell Plaintiff that her project idea violated social work values and ethics.
Either later that day or the next day, Harner identified and reviewed an article that Harner believed Plaintiff had open on her computer. Harner believed Plaintiff's planned zine project was on "the issue of 'trans' people sexually assaulting others in prison," a topic Harner found "so many issues with." One issue was Plaintiff's alleged reliance on the article as a source, which among other things, Harner identified as being "full of TERF and far right dog whistles and talking points." {TERF appears to refer to trans-exclusionary radical feminism.} Harner sought advice from Defendant Claudia Sellmaier, explaining Harner's impressions of Plaintiff to Sellmaier.
On April 27, 2023, Plaintiff presented Harner with her draft zine project sometime after 11:30 a.m. Harner planned three-to-five minutes with each student that morning. Harner did not identify why Plaintiff's project targeted transgender people or what specific social work standards Harner believed Plaintiff violated. Plaintiff expressed she did not understand why her project was not considered a social justice issue.
Harner became visibly upset reviewing and discussing the draft zine, eventually throwing their hands in the air and telling Plaintiff, "[t]his is targeting transgender." Their interaction ended and at some point Plaintiff asked to meet later that day with Harner, but Harner stated they were unavailable that day.
