Trista Stanley, an Individual v. Trs. of the California State Univ. California State Univ., Sacramento, 433 F.3d 1129 (9th Cir. 2006). · Go Syfert
Trista Stanley, an Individual v. Trs. of the California State Univ. California State Univ., Sacramento, 433 F.3d 1129 (9th Cir. 2006). Cases Citing This Book View Copy Cite
231 citation events (231 in the last 25 years) across 41 distinct courts.
Strongest positive: Stephanie LaFauci v. Boone County Board of Education, et al. (wvsd, 2026-03-18)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Stephanie LaFauci v. Boone County Board of Education, et al.
S.D.W. Va · 2026 · quote attribution · 1 verbatim quote · confidence high
iscrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges
discussed Cited as authority (verbatim quote) Jeremy Michael Clingman v. Clackamas County, et al.
D. Or. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he proper focus is upon the time of the discriminatory acts, not upon the time at which the consequences of the acts became most painful
discussed Cited as authority (verbatim quote) Bonton v. Fluker
D. Or. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
he proper focus is upon the time of the acts, not upon the time at which the consequences of the acts became most painful
discussed Cited as authority (verbatim quote) City of Portland v. Iheanacho
D. Or. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he proper focus is upon the time of the discriminatory acts, not upon the time at which the consequences of the acts became most painful
discussed Cited as authority (verbatim quote) Sacks v. University of Minnesota
D. Minnesota · 2022 · quote attribution · 1 verbatim quote · confidence high
although title ix borrows a state statute of limitations period, federal law governs the 'determination of the point at which the limitations period begins to run.
examined Cited as authority (verbatim quote) Wilson v. Texas Christian University (3×) also: Cited "see"
N.D. Tex. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
under stanley's theory, as long as the trustees do not provide her desired relief, they are continuing to be 'deliberately indifferent' and subject to suit. at oral argument, stanley conceded that this would allow her to bring suit twenty years from now.
discussed Cited as authority (verbatim quote) Torres v. Sugar-Salem School District 322
D. Idaho · 2020 · quote attribution · 1 verbatim quote · confidence high
title ix claims are subject to the applicable state statute of limitations for personal injury actions.
discussed Cited as authority (verbatim quote) Directv, Inc. v. Webb (2×) also: Cited as authority (rule)
9th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
although title ix borrows a state statute of limita- tions period, federal law governs the 'determination of the point at which the limitations period begins to run.
cited Cited as authority (rule) Jacqueline Lee Valentine v. San Mateo County; Chad Peace; and Daniel Radovich
N.D. Cal. · 2026 · confidence medium
Cal. 2014); Stanley v. Trs. of California State Univ., 433 F.3d 1129, 1134 (9th Cir. 25 2006).
discussed Cited as authority (rule) Jermaine Graves v. Napa County Dept. of Child Support, et al.
D. Nev. · 2025 · confidence medium
Of the Cal. 6 State Univ., 433 F.3d 1129, 1133-34 (9th Cir. 2006) (holding that 28 U.S.C. § 1367 , the supplemental 7 jurisdiction statute, “does not abrogate state sovereign immunity for supplemental state law claims”). 8 Therefore, the Court dismisses plaintiff’s state law claims unless or until a federal claim(s) is allowed to 9 proceed. 10 F. Amended Complaint 11 The Court will give plaintiff an opportunity to try to amend his complaint and allege claims for 12 which the Court has the jurisdiction, and which are not barred by the statute of limitations.
discussed Cited as authority (rule) Diaz v. Valente (2×) also: Cited "see"
N.D. Cal. · 2025 · confidence medium
Mr. Diaz thus had 4 four years to bring his Eighth Amendment and state-law negligence claims, and five years to bring 5 his ADA claim. 6 The statute of limitations began to run on January 1, 2019. “[T]he touchstone for 7 determining the commencement of the limitations period is notice: ‘a cause of action generally 8 accrues when a plaintiff knows or has reason to know of the injury which is the basis of his 9 action.’” Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006) (citations 10 omitted).
discussed Cited as authority (rule) Eszter Pryor v. OSU
6th Cir. · 2025 · confidence medium
Dist., 803 F.3d 754, 759 (5th Cir. 2015); Cetin v. Purdue Univ., 94 F.3d 647 (7th Cir. 1996) (unpublished table opinion); Egerdahl, 72 F.3d at 618 ; Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006); Varnell v. Dora Consol.
discussed Cited as authority (rule) Laguana v. United Airlines, Inc.
D. Guam · 2025 · confidence medium
See 42 U.S.C. § 12117 (a). 23 Title VII’s procedures provide, in relevant part: 24 A charge under this section shall be filed within one hundred and eighty days 25 after the alleged unlawful employment practice occurred and notice of the charge (including the date, place, and circumstances of the alleged unlawful employment 26 practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment 27 practice with respect to which the person aggrieved has initially instituted 1 from such practice or to institute …
discussed Cited as authority (rule) The Ohio House, LLC v. City of Costa Mesa
9th Cir. · 2025 · confidence medium
As the district court explained, “Ohio House argues that it is not challenging a ‘decision’ governed by § 65009,” namely the Ordinances’ enactment and the denial of its conditional use-permit, “but rather ‘the exercise of municipal code enforcement power to cite, fine, and compel the closure of a dwelling.’” “We review a district court’s determination of the applicable statute of limitations de novo.” Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006).
cited Cited as authority (rule) Colestock v. DeJoy
W.D. Wash. · 2025 · confidence medium
Porter, 419 F.3d at 893 ; Stanley v. Trustees 14 of Cal. State Univ., 433 F.3d 1129, 1137 (9th Cir. 2006).
examined Cited as authority (rule) Hartley v. Bright (3×) also: Cited "see", Cited "see, e.g."
N.D. Cal. · 2025 · confidence medium
Thus, an inmate has four years to bring a § 1983 claim for damages in California. 6 “[T]he touchstone for determining the commencement of the limitations period is notice: ’a cause 7 of action generally accrues when a plaintiff knows or has reason to know of the injury which is the 8 basis of his action.’” Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006). 9 Mr. Hartley complains that he was denied certain bedding—an extra mattress, an egg crate 10 mattress, and a special pillow—which would have helped his back pain.
discussed Cited as authority (rule) Case v. Broomfield (2×) also: Cited "see"
N.D. Cal. · 2025 · confidence medium
Thus, an inmate has four years to bring a § 1983 claim for damages in California. 21 “[T]he touchstone for determining the commencement of the limitations period is notice: ’a cause 22 of action generally accrues when a plaintiff knows or has reason to know of the injury which is the 23 basis of his action.’” Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006). 24 Here, Mr. Case states that the events which gave rise to his first claim occurred “over 15 25 years ago.” Compl. at 4.
discussed Cited as authority (rule) McNees v. Oliver
D. Nev. · 2025 · confidence medium
Additionally, 28 9 U.S.C. § 1367 does not abrogate state sovereign immunity for supplemental state law claims. 10 Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1133-34 (9th Cir. 2006). 11 Here, White seeks damages against various NDOC defendants for a violation of Article I, 12 § 9 of the Nevada Constitution.
cited Cited as authority (rule) Sarafin v. Hawaii Public Housing Authority
D. Haw. · 2024 · confidence medium
Hawai`i Oct. 21, 2008) (citing Stanley v. Trs. of the Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006)).
discussed Cited as authority (rule) The Ohio House, LLC v. City of Costa Mesa
9th Cir. · 2024 · confidence medium
As the district court explained, “Ohio House argues that it is not challenging a ‘decision’ governed by § 65009,” namely the Ordinances’ enactment and the denial of its conditional use-permit, “but rather ‘the exercise of municipal code enforcement power to cite, fine, and compel the closure of a dwelling.’” “We review a district court’s determination of the applicable statute of limitations de novo.” Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006).
discussed Cited as authority (rule) Lidstrom v. Scotlynn Commodities Inc
E.D. Wash. · 2024 · confidence medium
“Judgment on 6 the pleadings is proper when, taking all allegations in the pleading as true, the 7 moving party is entitled to judgment as a matter of law.” Stanley v. Trustees of the 8 Cal. State Univ., 433 F.3d 1129, 1133 (9th Cir. 2006).
discussed Cited as authority (rule) Estavillo v. Cortese
N.D. Cal. · 2024 · confidence medium
Corp. v. 26 3 Defendants have not submitted any matters that properly are subject to judicial notice, and the 27 Court finds that the declaration defendants submitted cannot properly be considered in resolving 1 Twombly, 550 U.S. 544, 570 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Stanley 2 v. Trs. of Cal. State Univ., 433 F.3d 1129, 1133 (9th Cir. 2006). 3 III.
cited Cited as authority (rule) Dai v. Liu
N.D. Cal. · 2024 · confidence medium
Corp. v. Twombly, 550 24 U.S. 544 , 570 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Stanley v. Trs. of Cal. 25 State Univ., 433 F.3d 1129, 1133 (9th Cir. 2006). 26 B.
discussed Cited as authority (rule) Taylor v. General Hospital
N.D. Cal. · 2024 · confidence medium
This means that once a statute of limitations has 11 begun to run, a prisoner has four years to file his claim. 12 “Although state law determines the length of the limitations period, ‘the determination of 13 the point at which the limitations period begins to run is governed solely by federal law.’” McCoy 14 v. S.F., City & Cty., 14 F.3d 28, 29 (9th Cir. 1994) (citation omitted). “[T]he touchstone for 15 determining the commencement of the limitations period is notice: ‘a cause of action generally 16 accrues when a plaintiff knows or has reason to know of the injury which is the b…
cited Cited as authority (rule) Alyssa Reid v. James Madison University
4th Cir. · 2024 · confidence medium
Bd. of Educ., 214 F. App’x 294 , 296 n.3 (4th Cir. 2007) (quoting Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006)).
cited Cited as authority (rule) OLDHAM v. UNIVERSITY OF NORTH CAROLINA
M.D.N.C. · 2023 · confidence medium
Of the Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006)).
discussed Cited as authority (rule) Lema v. The Board of Trustees of the California State University System
S.D. Cal. · 2023 · confidence medium
Healthy City Bd. of Ed. v. Doyle, 429 U.S. 27 274, 280 (1977)). 28 1 The Ninth Circuit has found that California State University Trustees “are an arm of 2 the state that can properly lay claim to sovereign immunity.” Stanley v. Trustees of Cal. 3 State Univ., 433 F.3d 1129, 1133 (9th Cir. 2006) (citing Jackson v. Hayakawa, 682 F.2d 4 1344, 1350-51 (9th Cir. 1982)); Armstrong v. Meyers, 964 F.2d 948, 949-50 (9th Cir. 5 1992); Adams v. Linville, 243 F.3d 546 , 546 (9th Cir. 2000); Barto v. Miyashori, No. 21- 6 56223, 2022 WL 17729410 (9th Cir. 2022). 7 Because the Board of Trustees of the C…
cited Cited as authority (rule) V.E. v. University of Maryland Baltimore
D. Maryland · 2023 · confidence medium
Rouse v. Duke Univ., 869 F. Supp. 2d 674, 683 (M.D.N.C 2012) (citing Stanley v. Trs. of the Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006)).
discussed Cited as authority (rule) Timothy Moxley v. The Ohio State University (2×)
6th Cir. · 2022 · confidence medium
Sch., 227 F.3d 981, 988 (7th Cir. 2000); Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006).
discussed Cited as authority (rule) Timothy Moxley v. The Ohio State University (2×)
6th Cir. · 2022 · confidence medium
Sch., 227 F.3d 981, 988 (7th Cir. 2000); Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006).
discussed Cited as authority (rule) Chang v. Vanderwielen
W.D. Wash. · 2022 · confidence medium
“Judgment on the pleadings is proper when, 20 taking all allegations in the pleading as true, the moving party is entitled to judgment as a matter 21 of law.” Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1133 (9th Cir. 2006). 22 4 Plaintiff asserts that the statute of limitations for her state tort claims should be equitably tolled 23 due to her disability.
discussed Cited as authority (rule) Doe v. Emory University, Inc. (2×)
N.D. Ga. · 2022 · confidence medium
Compl. ¶¶ 91-92, 227.) , 433 F.3d 1129, 1137 (9th Cir. 2006) (declining to apply the continuing violation doctrine to a deliberate indifference claim where the plaintiff was not a student at the defendant-university within the limitations period).
discussed Cited as authority (rule) Timothy Moxley v. The Ohio State University
6th Cir. · 2022 · confidence medium
Sch., 227 F.3d 981, 988 (7th Cir. 2000); Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006); but see Twersky v. Yeshiva Univ., 579 F. App’x 7, 9 (2d Cir. 2014) (order) (declining to decide whether the discovery rule applies); Varnell v. Dora Consol.
discussed Cited as authority (rule) Autodistributors, Inc. v. Nationwide E&S Specialty
N.D. Cal. · 2022 · confidence medium
“Judgment on the pleadings is proper when, taking all allegations in the pleading as true, 18 the moving party is entitled to judgment as a matter of law.” Stanley v. Trustees of Cal. State 19 Univ., 433 F.3d 1129, 1133 (9th Cir. 2006).
discussed Cited as authority (rule) Tiffany Franco v. Mesa Police Department
9th Cir. · 2022 · confidence medium
See Action Apartment Ass’n v. Santa Monica Rent Control Bd., 509 F.3d 1020, 1026 (9th Cir. 2007) (“It is well- established that claims brought under § 1983 borrow the forum state’s statute of limitations for personal injury claims . . . .”); McDougal v. County of Imperial, 942 F.2d 668, 673-74 (9th Cir. 1991) (same rule for § 1985 claims); Stanley v. Trs. of 2 Cal. State Univ., 433 F.3d 1129, 1135-36 (9th Cir. 2006) (same rule for 20 U.S.C. § 1681 claims).
cited Cited as authority (rule) L.O.K v. Greater Albany Public School District 8J
D. Or. · 2022 · confidence medium
Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006).
cited Cited as authority (rule) Smith v. Howard University
D.D.C. · 2022 · confidence medium
State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006)).
discussed Cited as authority (rule) Wilson v. Oakland Unified School District (2×)
N.D. Cal. · 2022 · confidence medium
Stanley v. Trustees of California 7 State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006); Taylor, 993 F.2d at 712.
cited Cited as authority (rule) Doe v. Howard University
D.D.C. · 2022 · confidence medium
State Univ., 433 F.3d 1129, 1135 (9th Cir. 2006).
discussed Cited as authority (rule) Riboli v. Redmond School District 2J
D. Or. · 2022 · confidence medium
The Ninth Circuit has previously used the Title VII “sexually hostile environment” standard, and the U.S. Supreme Court has referred to the EEOC definition of “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” See Stanley v. Trs. of the Cal. State Univ., 433 F.3d 1129, 1137 (9th Cir. 2006); Meritor Sav.
discussed Cited as authority (rule) Mooberry v. Charleston Southern University
D.S.C. · 2022 · confidence medium
Appx. 294 295-96, n. 3 (4th Cir. 2007) (citing Stanley v. Trustees of California State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006); Bougher v. Univ. of Pittsburgh, 882 F.2d 74, 77-78 (3d Cir. 1989); Lillard v. Shelby Cnty.
discussed Cited as authority (rule) Stafford v. George Washington University
D.D.C. · 2022 · confidence medium
As the Ninth Circuit has observed, a contrary approach would allow a plaintiff to recover so long as he continued to not receive a “desired remedy” within the statutory period—an approach that would “render[] the statute of limitations a virtual nullity.” Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1137 (9th Cir. 2006). 26 court as to the underlying merits of the claim, should a longer limitations period ever be applied.9 Under that longer limitations period, the decision would be a close one.
discussed Cited as authority (rule) Kane v. Mount Pleasant Central School District
S.D.N.Y. · 2021 · confidence medium
Dist., 756 F.3d 1208, 1212-13 (10th Cir. 2014); Stanley v. Trs. of Cal. State Univ., 433 F.3d 1129, 1134 (9th Cir. 2006); Egerdahl, 72 F.3d at 618 ).6 Plaintiff, who relies on Tomanio and Johnson (in which the plaintiffs brought their claims under section 1983 and section 1981, respectively), does not appear to dispute the applicability of the principles developed in the section 1981 and 1983 context to Title IX.
discussed Cited as authority (rule) Vickers v. Godecki
D. Nev. · 2021 · confidence medium
In their Motion, Defendants first argue that § 1983 only 17 provides a cause of action for violations of federal law, and that supplemental jurisdiction does 18 not apply here because § 1367 does not abrogate state sovereign immunity.4 (MTD 5:23–27), 19 5:3–5) (citing Stanley v. Trustees of Cal. State Univ., 433 F.3d 1129, 1133-34 (9th Cir. 2006)). 20 Further, Defendants argue that they are entitled discretionary immunity on Plaintiff’s state law 21 claims.
discussed Cited as authority (rule) Doe v. Lincoln-Sudbury Regional School Committee
D. Mass. · 2021 · confidence medium
Bd. of Educ., 76 F.3d 716 , 729 (6th Cir. 1996); Cetin v. Purdue Univ., 1996 WL 453229 , at *2 (7th Cir. Aug. 7, 1996); Egerdahl v. Hibbing Cmty. Coll., 72 F.3d 615, 618 (8th Cir. 1995); Stanley v. Trustees of California State Univ., 433 F.3d 1129, 1134-36 (9th Cir. 2006); Varnell v. Dora Consol.
cited Cited as authority (rule) Yates v. East Side Union High School District
N.D. Cal. · 2021 · confidence medium
Stanley v. Trs. of Cal. State Univ., 17 433 F.3d 1129, 1134 (9th Cir. 2006) (Unruh Act); Corales v. Bennett, 567 F.3d 554, 573 (9th Cir. 18 2009) (Bane Act); S.B. ex rel.
cited Cited as authority (rule) Doe, 1 v. Cleveland Metropolitan School District Board of Education
N.D. Ohio · 2021 · confidence medium
Indeed, the Ninth Circuit articulated the rule that civil rights statutes “borrow the most appropriate state statute of limitations.” Id. at 1134 (citations omitted).
examined Cited as authority (rule) Karasek v. Regents of the University of California, The (3×) also: Cited "see"
N.D. Cal. · 2021 · confidence medium
“Title IX claims are subject to the 6 applicable state statute of limitations for personal injury actions.” Stanley v. Trustees of 7 California State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006).
discussed Cited as authority (rule) Mukherjee v. Washington State University (2×) also: Cited "see"
E.D. Wash. · 2021 · confidence medium
It rightly points out that “[t]he proper focus is upon the time of the 15 discriminatory acts, not upon the time at which the consequences of the acts became 16 most painful.” See Abramson v. Univ. of Haw., 594 F.2d 202 , 209 (9th Cir. 1979). 17 But Defendant fails to consider that “[t]he touchstone for determining the 18 commencement of the limitations period is notice: a cause of action generally 19 accrues when a plaintiff knows or has reason to know of the injury which is the 20 basis of the action.” Stanley v. Trs. of the Cal. State Univ., 433 F.3d 1129, 1136 (9th 1 Cir. 2006); se…
discussed Cited as authority (rule) Klein v. Arizona State University Walter Cronkite School of Journalism and Mass Communication (2×) also: Cited "see, e.g."
D. Ariz. · 2020 · confidence medium
The Ninth Circuit echoed this rule in 21 Stanley v. Trustees of California State University, stating “the Supreme Court has held that 22 the ‘any court of competent jurisdiction’ language . . . is not sufficient to constitute consent 23 to sue in federal court.” 433 F.3d 1129, 1134 (9th Cir. 2006).
Retrieving the full opinion text from the archive…
Trista STANLEY, an Individual, Plaintiff-Appellant,
v.
TRUSTEES OF the CALIFORNIA STATE UNIVERSITY; California State University, Sacramento, Defendants-Appellees
04-15134.
Court of Appeals for the Ninth Circuit.
Jan 11, 2006.
433 F.3d 1129
Chad Carlock, Law Offices of Chad Car-lock, Davis, CA, for plaintiff-appellant Trista Stanley., Peter W. Thompson, Deputy Attorney General, Sacramento, CA, for defendantappellees Trustees of the California State University.
Wallace, Trott, Rymer.
Cited by 163 opinions  |  Published
Pinpoint authority: bottom 53%
WALLACE, Senior

Circuit Judge.

Trista Stanley appeals from a judgment on the pleadings based upon statute of limitations and state sovereign immunity grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291(a), and we affirm.

I.

Stanley was intermittently a student at California State University, Sacramento (University) from 1998 to 2000. Stanley alleges that Richard Savino, her classical guitar professor and faculty advisor, sexually harassed her beginning in 1999 and that the harassment caused her to withdraw her enrollment at the end of the spring semester in 1999. Stanley returned for the fall semester in 1999 and alleges that she was again subjected to sexual harassment. Stanley reported the harassment to various University offices and again withdrew her enrollment after they did not respond to her complaints. She returned to the University a final time in the spring of 2000. She alleges she was again forced to withdraw after learning that other students and faculty knew about her experience with Savino, which created an uncomfortable environment. The last alleged incident of sexual harassment occurred in May 2000.

In September 2000, Stanley submitted a formal complaint of sexual harassment to the University. The alleged sexual harassment consisted of unwanted advances, physical contact, and sexually-charged comments. The University conducted an investigation and on January 17, 2001, Peter Lau, Director of the Equal Opportunity/Affirmative Action Office, sent Stanley a letter stating: “After receiving the [investigation] report I have concluded that Professor Savino violated University Policy. The University will take appropriate action.” Stanley is not aware of any disciplinary action taken as a result of the letter.

On April 27, 2001, Stanley filed a claim with the California State Board of Control seeking compensation for Savino’s sexual harassment and for the University’s failure to act on her complaints. Stanley did not receive a response.

Stanley filed her original action in federal court on May 23, 2002. The complaint set forth seven claims: a 20 U.S.C. § 1681 (Title IX) claim, a 42 U.S.C. § 1983 claim, and five state law claims. Stanley has asserted both quid pro quo and hostile environment sexual harassment claims. The only remaining defendants are the Trustees of the California State University (Trustees). The District Court held that all claims but the Title IX claim were barred by state sovereign immunity and the Title IX claim was barred by the applicable statute of limitations.

[*1133] II.

We turn first to what the district court referred to as the Trustee’s Eleventh Amendment immunity. Courts have often “referred to the States’ immunity from suit as ‘Eleventh Amendment immunity.’ The phrase is convenient shorthand but something of a misnomer, for the sovereign immunity of the States neither derives from nor is limited by the terms of the Eleventh Amendment.” Alden v. Maine, 527 U.S. 706, 713, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999).

We review judgment on the pleadings de novo. Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713(9th Cir.2001). Judgment on the pleadings is proper when, taking all allegations in the pleading as true, the moving party is entitled to judgment as a matter of law. Id. We review a district court’s rulings on state sovereign immunity de novo. See Carey v. Nev. Gaming Control Bd., 279 F.3d 873, 877(9th Cir.2002).

We have previously held that the Trustees are an arm of the state that can properly lay claim to sovereign immunity. See Jackson v. Hayakawa, 682 F.2d 1344, 1350-51(9th Cir.1982). In an action for incurred monetary damages, state sovereign immunity can be overcome only by explicit abrogation by Congress pursuant to its powers under the Fourteenth Amendment or by state consent to suit. See In re Harleston, 331 F.3d 699, 701 (9th Cir.2003). “Congress may abrogate the States’ constitutionally secured immunity from suit in federal court only by making its intention unmistakably clear in the language of the statute.” Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 73, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000) (internal quotation marks and citation omitted). Similarly, a state’s “consent [must] be unequivocally expressed.” Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 99, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) (citations omitted); see also Coll. Sav. Bank v. Fla. Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 675, 119 S.Ct. 2219, 144 L.Ed.2d 605 (1999) (the “test for determining whether a State has waived its immunity from federal-court jurisdiction is a stringent one”). “[A] State does not consent to suit in federal court merely by consenting to suit in the courts of its own creation. Nor does it consent to suit in federal court merely by stating its intention to ‘sue and be sued,’ or even by authorizing suits against it ‘in any court of competent jurisdiction’....” College Sav. Bank, 527 U.S. at 676, 119 S.Ct. 2219(in-ternal quotation marks and citations omitted).

The Supreme Court has previously held that Congress has properly abrogated state sovereign immunity for Title IX claims. See Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60, 72, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). Thus, this claim is not barred on this basis.

Stanley has not argued on appeal, however, that the district court erred in dismissing her section 1983 action based on state sovereign immunity. This argument is therefore waived. See Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir.1994).

Stanley argues that her state law claims are not barred because Congress has abrogated state sovereign immunity by authorizing supplemental jurisdiction. The exercise of supplemental jurisdiction is governed by 28 U.S.C. § 1367, which is silent as to sovereign immunity. The statute is a far cry from the “unmistakably clear” language required for abrogation. Additionally, there is no indication that Congress intended to exercise its powers under Section 5 of the Fourteenth Amendment by enacting section 1367; the statute only addresses the jurisdiction of federal courts, which Congress regulates through its Article I powers. Thus, we hold that[*1134] 28 U.S.C. § 1367 does not abrogate state sovereign immunity for supplemental state law claims.

Stanley also appears to argue that California has consented to suit by passing the Unruh Civil Rights Act (Act), Cal. Civ.Code §§ 51-53, which is the basis for many of her state law claims. The Act does not specifically consent to federal court actions. Even assuming the Trustees fall within the statute’s “all business establishments” language, see Cal. Civ. Code § 51, the Supreme Court has held that the “any court of competent jurisdiction” language, see Cal. Civ.Code § 52.2, is not sufficient to constitute consent to sue in federal court. See Coll. Sav. Bank, 527 U.S. at 676, 119 S.Ct. 2219.

Thus, Stanley has not met the “stringent test” for establishing state consent to suit. See id. at 675, 119 S.Ct. 2219; see also Pennhurst, 465 U.S. at 106, 104 S.Ct. 900(“[I]t is difficult to think of a greater intrusion on state sovereignty than when a federal court instructs state officials on how to conform their conduct to state law. Such a result conflicts directly with the principles of federalism that underlie the Eleventh Amendment.”). State sovereign immunity bars all of Stanley’s state law claims.

III.

The District Court held that Stanley’s Title IX claim is subject to California’s personal injury statute of limitations. We review a district court’s determination of the applicable statute of limitations de novo. Taylor v. Regents of Univ. of Cal., 993 F.2d 710, 711 (9th Cir.1993).

Title IX does not expressly provide any statute of limitations. Because a Title IX suit is a civil rights action, we “borrow the most appropriate state statute of limitations.” Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 974(9th Cir.2004), cert. denied sub nom., Cholla Ready Mix, Inc. v. Mendez, —U.S.-, 125 S.Ct. 1828, 161 L.Ed.2d 724 (2005), citing Wilson v. Garcia, 471 U.S. 261, 268, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). For other civil rights actions, we have “borrowed” the state statute of limitations for personal injury. See Taylor, 993 F.2d at 711-12(stating that the “statute of limitations for personal injury actions governs claims brought pursuant to 42 U.S.C. §§ 1981, 1983, and 1985” and holding the same applies to actions under Title VI of the Civil Rights Act of 1964 (Title VI)). Should we apply the same ruling for Title IX claims? It appears that every circuit to consider the issue has held that Title IX also borrows the relevant state’s statute of limitations for personal injury. See Curto v. Edmundson, 392 F.3d 502, 503-04 (2d Cir. 2004), cert. denied —U.S.—, 125 S.Ct. 2944, 162 L.Ed.2d 875 (2005); Bougher v. Univ. of Pittsburgh, 882 F.2d 74, 77-78 (3d Cir.1989); Lillard v. Shelby County Bd. of Educ., 76 F.3d 716, 729 (6th Cir.1996); Egerdahl v. Hibbing Cmty. Coll., 72 F.3d 615, 618 (8th Cir.1995); M.H.D. v. Westminster Schs., 172 F.3d 797, 803 (11th Cir.1999). The rationale of our sister circuits is compelling, and we adopt it.

The close similarity between Title VI and Title IX also supports applying the statute of limitations for personal injury. The Supreme Court has repeatedly held that Title IX is based on Title VI and has used similar modes of analysis to resolve Title IX cases. See, e.g., Grove City Coll, v. Bell, 465 U.S. 555, 556, 104 S.Ct. 1211, 79 L.Ed.2d 516 (1984) (“The drafters of Title VI ... approved identical language, [and] we discern no reason to believe that the Congressmen who voted for Title IX intended a different result”); Cannon v. Univ. of Chicago, 441 U.S. 677, 693 n. 14, 717, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979) (concluding private right of action exists under Title IX after pointing out it was “explicitly patterned” after Title VI). We[*1135] have also observed the similarity between Title VI and Title IX. See, e.g., Jeldness v. Pearce, 30 F.3d 1220, 1227 (9th Cir.1994) (“Because Title IX and Title VI use the same language, they should, as a matter of statutory interpretation, be read to require the same levels of protection and equality.”) Indeed, in deciding that personal injury statutes of limitations applied to Title VI, we approvingly cited a Third Circuit case, Bougher, pointing out that it had applied state personal injury statute of limitations to Title IX. Taylor, 993 F.2d at 712.

Stanley appeared to concede at oral argument that the personal injury statutes of limitations would ordinarily apply to Title IX actions. However, Stanley argued that a California statute, Cal. Gov. Code § 945.6, which applies to state law suits “brought against a public entity on a cause of action for which a claim is required to be presented” should govern here. That statute provides for a two-year statute of limitations if the state does not respond to a presented claim.

The Supreme Court has stressed, however, that “[t]he federal interests in uniformity, certainty, and the minimization of unnecessary litigation all support” the use of a single statute of limitations within each state. Wilson, 471 U.S. at 275, 105 S.Ct. 1938 (holding all section 1983 actions are subject to state personal injury statute of limitations). Under Stanley’s theory, the statute of limitations would vary depending on the identity of the defendant, as well as on a defendant’s response to a claim presentment. This result would be in sharp opposition to these federal interests.

Stanley also misapprehends the nature of the analysis. The issue is not what statute of limitations the California legislature intended to apply to this federal action, but rather what state statute of limitations the federal claim should “borrow.” Stanley’s lengthy statutory interpretation analysis and speculation about the intent of California legislators is therefore irrelevant. See Wilson, 471 U.S. at 269, 105 S.Ct. 1938(“The importation of the policies and purposes of the States on matters of civil rights is not the primary office of the borrowing provision .... Congress surely did not intend to assign to state[s] ... a conclusive role in the formative function of defining and characterizing the essential elements” of federal claims). The essential inquiry for statute of limitations “borrowing” is the nature of the harm alleged, not the identity of the named defendant.

Lastly, it is far from certain that Title IX actions can be subject to a state claim presentment requirement. In Felder v. Casey, 487 U.S. 131, 134, 108 S.Ct. 2302, 101 L.Ed.2d 123 (1988), the Supreme Court held that the states may not apply such requirements to section 1983 actions. The case also strongly suggests that they cannot be applied to any federal civil rights actions. See id. at 153, 108 S.Ct. 2302 (“A state law that conditions that right of recovery upon compliance with a rule designed to minimize governmental liability, and that directs injured persons to seek redress in the first instance from the very targets of the federal legislation, is inconsistent in both purpose and effect with the remedial objectives of the federal civil rights law”). Indeed, Stanley conceded at oral argument that the claims presentment requirement does not apply to her Title IX action. Under Stanley’s proposed statute of limitations, however, the limitations period would vary based on the state’s response to a requirement that does not apply to the claim, and potentially cannot be constitutionally applied to the claim.

[14] Therefore, we join every other federal circuit to consider this issue and[*1136] hold that Title IX claims are subject to the applicable state statute of limitations for personal injury actions. At the time of the filing of this action, California’s statute of limitations for personal injury was one year. See Cal.Civ.Proc.Code § 340.3 (West Supp.2002). California has since changed this period to two years. See Jones v. Blanas, 393 F.3d 918, 927 (9th Cir.2004); Cal.Civ.Proc.Code § 335.1 (West Supp.2002). However, we have held that this change is not retroactive. Jones, 393 F.3d at 927(applying California personal injury statute of limitations). Thus, a one year statute of limitations applies to Stanley’s Title IX claim.

IV.

Stanley argues that the district court failed to apply the applicable statute of limitations properly to her Title IX claim. We review whether the statute of limitations has run de novo. Harvey v. Waldron, 210 F.3d 1008, 1013 (9th Cir. 2000).

Although Title IX borrows a state statute of limitations period, federal law governs the “determination of the point at which the limitations period begins to run.” Hoesterey v. City of Cathedral City, 945 F.2d 317, 319 (9th Cir.1991) (citation omitted). “[T]he touchstone for determining the commencement of the limitations period is notice: ‘a cause of action generally accrues when a plaintiff knows or has reason to know of the injury which is the basis of his action.’ ” Id., quoting Cline v. Brusett, 661 F.2d 108, 110 (9th Cir.1981). “The proper focus is upon the time of the discriminatory acts, not upon the time at which the consequences of the acts became most painful.” Abramson v. Univ. of Haw., 594 F.2d 202, 209 (9th Cir.1979).

It is unnecessary to determine exactly when Stanley had notice, because she certainly had reason to know of the injury upon which her action was based when she filed a complaint alleging virtually identical claims with the State Board of Control on April 27, 2001. Stanley has not argued that this complaint tolls the statute of limitations. Thus, as a matter of law, Stanley had “reason to know” of her claim by at least April 27, 2001. Because she did not file her first action in district court until May 23, 2002, her claim is time-barred under the applicable one-year statute of limitations.

Stanley argues that her claim is nonetheless viable because of the continuing violation doctrine. But she did not cite, nor did the Trustees, the Supreme Court’s recent clarification of the continuing violation doctrine, which separates discrete acts and hostile environment claims. See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 111-19, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). The Court rejected application of the continuing violation doctrine for discrete acts by holding that “discrete acts that fall within the statutory time period do not make timely acts that fall outside the time period.... [Discrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges.” Id. at 112-13, 122 S.Ct. 2061. However, “hostile environment claims are different in kind from discrete acts.” Id. at 115, 122 S.Ct. 2061. “In order for the charge to be timely, the employee need only file a charge within ... [the limitations period] of any act that is part of the hostile work environment.” Id. at 118, 122 S.Ct. 2061.

It is readily apparent that the continuing violation doctrine cannot save Stanley’s quid pro quo sexual harassment claim, as no discrete acts of sexual harassment occurred within the limitations period; indeed, the last acts are alleged to have occurred in May 2000.

[*1137] Stanley’s hostile environment claim also cannot be saved by the continuing violation doctrine. Stanley has argued that the school’s continued deliberate indifference prevents the statute of limitations from beginning to run. Not so.

“Deliberate indifference” is the standard for imputing liability to the Trustees, see Gebser v. Logo Vista Indep. Sch. Dist., 524 U.S. 274, 292-93, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998), not for establishing a hostile environment. In order to support liability, the deliberate “indifference must, at a minimum, cause [students] to undergo harassment or make them hable or vulnerable to it.” Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 645,119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) (internal quotation marks and citations omitted) (alteration in original); see also Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736, 739-40 (9th Cir.2000) (applying Davis standard). Stanley, however, has not alleged that the University caused her to undergo, or be vulnerable to, any harassment during the limitations period, a time when she was not present at the University.

Additionally, Stanley has not alleged any “acts” under the Morgan standard within the limitations period that contributed to a hostile environment. In order to establish a sexually hostile environment based on alleged sexual harassment, Stanley must show: “(1) she was subjected to verbal or physical conduct of a sexual nature; (2) the conduct was unwelcome; and (3) the conduct was sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work environment.” Porter v. Cal. Dept. of Corr., 419 F.3d 885, 892 (9th Cir.2005) (as amended).

Stanley has not been enrolled at the University since 2000. Unsurprisingly, she has not alleged that she was subjected to any sexually-natured conduct at the University during a period when she was not present. While it is true that we have held that the mere presence of a harassing individual may constitute a hostile environment, see Ellison v. Brady, 924 F.2d 872, 883 (9th Cir.1991), we have never held the presence of an individual in a workplace or institution where the plaintiff is not present constitutes a hostile environment. The mere speculation that if she had returned the environment would have been hostile is not sufficient to establish an “act” by a defendant within the limitations period. Thus, Stanley’s hostile environment claim also cannot be saved by the continuing violation doctrine.

Stanley’s argument also runs afoul of Davis, which requires more than non-responsiveness; it requires that the indifference result in harassment or render her vulnerable to harassment. Stanley has not alleged anything of the sort occurred during the limitations period.

Moreover, Stanley’s argument conflates her desired remedy with violation of Title IX in a manner that effectively vitiates the statute of limitations. Under Stanley’s theory, as long as the Trustees do not provide her desired relief, they are continuing to be “deliberately indifferent” and subject to suit. At oral argument, Stanley conceded that this would allow her to bring suit twenty years from now. Even leaving Davis aside, we will not adopt an approach that renders the statute of limitations a virtual nullity.

The district court thus correctly determined the applicable statute of limitations and properly applied it to Stanley’s Title IX claim.

AFFIRMED.