Students Punished Over Tampon Policy: GMU Lawsuit

ARLINGTON, VA — Two third-year law students at George Mason University’s Antonin Scalia Law School are suing university officials for violating their First Amendment rights over remarks they made during an online chat with classmates about a proposal to put tampons in a men’s restroom, according to the lawsuit.

On Sept. 27, a student used the “Scalia Law ‘25” GroupMe chat to solicit the opinion of classmates about his proposal to have the student government advocate for GMU to put tampons in men’s bathrooms on campus, according to the lawsuit.

Selene Cerankosky, one of the plaintiffs in the case, responded that if the school adopted the proposal of “allow[ing] biological females into male restrooms to access period products as ‘trans men,’” then that would mean “female bathrooms will welcome male occupants.”

Cerankosky then asked the student who posed the question whether they recognized the concerns of biological female students, who would feel “considerably uncomfortable if there are males using private women’s spaces on campus.”

“Women have a right to feel safe in spaces where they disrobe,” she said.

Maria Arcara, the second plaintiff in the case, voiced her agreement with Cerankosky’s remarks on the chat and expressed her concerns over privacy and safety “if a biological man is in the [bath]room with [her] at a vulnerable time,” according to the lawsuit.

Although the classmate who originally asked the question identified themself as a student government representative, that person mocked Cerankosky and Arcara’s comments, “labeling their views as bigoted for questioning others’ gender identity,” according to the lawsuit.

On Oct. 11, GMU’s Office of Diversity, Equity, & Inclusion sent no-contact orders to Cerankosky and Arcara, prohibiting them from having any contact with their classmate.

The two law students were not aware that anyone had filed a complaint against them and objected to being punished without having a chance to review the accusations or defend themselves. The no-contact orders were issued under the Title IX Sexual Harassment Policy, which the lawsuit contends is a violation of their free speech.

“It is unconstitutional for the government to punish a private speaker because of the speaker’s motivating ideology, opinion, or perspective, or because of the content of that speaker’s expression,” the lawsuit says. “This prohibition against viewpoint and content discrimination applies fully to public universities.”

Cerankosky and Arcara suffered "stress and anxiety from the future consequences” of the no contact order, since applications for admission to the bar often ask about discipline by academic institutions, their lawsuit argues.

A school spokesman told WTOP, “George Mason University does not comment on pending litigation.”