Not if we start demanding jury trials for this stuff as opposed to judges making these types of decisions.
Too bad for the students.....they will wind up being hurt in the end....well, at least the ones who get trapped in the bathroom with one of these, "club members".
So you're saying you want someone to make a decision contrary to clearly established federal law? If so, that would be judicial activism & we need less of that, not more.
The plaintiff gets to demand the jury or bench trial.