Given the policy’s lack of formality and relative 2 We need not decide whether the $20 payment that was the basis of stabin’s mootness argument was returned. [...] 3 (4 of 8) Case: 23-35097, 03/08/2024, ID: 12867459, DktEntry: 62-1, Page 4 of 8 novelty, how easily the policy can be reversed, and the lack of procedural safeguards to protect from arbitrary action, the University has not met its heavy burden to show that the conduct cannot reasonably be expected to recur. [...] We remand to the district court to reconsider whether Gilley has standing to seek pre-enforcement facial relief under the proper standard we address above, namely that standing is assessed at the time of the complaint. [...] We affirm the district court’s conclusion that Gilley has raised serious questions on the merits of some of his claims. [...] formality”; are relatively new; and lack “procedural safeguards.” But it is undisputed that the record shows that the guidelines are written; that the guidelines have existed since at least 2019; and that employees are subject to discipline if they fail to abide by the guidelines.
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- Published in
- United States of America
