Kastl

MEMORANDUM **

Rebecca Kastl appeals from the district court’s grant of summary judgment to Maricopa County Community College District (“MCCCD”) on her gender discrimination claims brought under Title VII and Title IX and her constitutional claims brought under 42 U.S.C. § 1983 . Kastl was an instructor for and a student of MCCCD. Following complaints that a man was using the women’s restroom, MCCCD banned Kastl, who is transsexual, from using the women’s restroom until she could prove completion of sex reassignment surgery. 1 Kastl’s contract was subsequently not renewed by MCCCD. We have jurisdiction pursuant to 28 U.S.C., § 1291 , and we affirm.

In Price Waterhouse v. Hopkins, 490 U.S. 228, 251 , 109 S.Ct. 1775 , 104 L.Ed.2d 268 (1989), the Supreme Court explained that gender stereotyping is direct evidence of sex discrimination prohibited by Title VII. Relying oh Hopkins , in Schwenk v. Hartford, 204 F.3d 1187, 1201-02 (9th Cir.2000), we held, in the context of the Gender Motivated Violence Act, that transgender individuals may state viable sex discrimination claims on the theory that the perpetrator was motivated by the victim’s real or perceived non-conformance to…