The federal government has launched an investigation into a Wisconsin school district after female students complained of a biologically male student who identifies as a woman exposing genitalia in the girls’ locker room.
The school district allegedly failed to address the complaints from four freshman girls in the Sun Prairie Area School District, prompting the Wisconsin Institute for Law and Liberty to file a Title IX complaint.
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According to the girls, in March, an 18-year-old biologically male student in their locker room said, “I’m trans, by the way,” before removing clothes and getting in the shower next to them nude. The freshmen said they had a “general idea” the student identified as a female.
“He had not transitioned medically and had the physiological appearance of an adult male,” a June Title IX complaint filed by WILL states. “Understandably, the girls closed their eyes and tried to hurry up and leave the showers.”
The complaint filed with the Department of Education Office of Civil Rights said the school district did not protect any of the students by failing to implement policies governing the use of facilities by students who claim a gender identity that does not align with their biological sex. It also said the district failed to notify a Title IX officer after the incident was reported.
The OCR agreed to open an investigation Wednesday, but in a letter to district families, Sun Prairie said it “addressed this incident when it was brought to our attention” and that “steps have been taken to ensure that it does not recur,” according to WPDE.
“By no means is what happened in Wisconsin an isolated incident. When schools fail to act in accordance with the law and either ignore or disregard their own policies, parents have a right to fight back,” WILL deputy counsel Dan Lennington said in a press release. “Now it’s imperative that the Biden Administration conducts a thorough investigation and provides transparency and peace of mind to Sun Prairie parents.”
One concern for WILL and the girls involved is the Biden administration’s governmentwide push to define “sex discrimination” as including those who claim different gender identities and sexual orientations. Last year, the Education Department proposed a new rule to align the definition with the Supreme Court‘s 2020 decision in Bostock v. Clayton County, in which Justice Neil Gorsuch included transgender identity in the definition of “sex” for purposes of Title VII employment discrimination law.
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The Biden administration has been trying to apply that definition everywhere sex discrimination protections are used, not just in Title VII, as the Washington Examiner reported.
WILL associate counsel Cory Brewer said, “We applaud the Department of Education Office of Civil Rights for investigating the allegations made in our complaint, but we all need to wait and see if they take this as seriously as they should.”
