The Department of Education recently issued a press release stating that it found a Virginia public school district had violated Title IX by failing to respond to sexual harassment reports.
According to news reports, the school had a policy allowing students to use locker rooms and restrooms aligning with their gender identity. Male students allegedly harassed a transgender student in the boys’ locker room. According to the press release, that student recorded two male students in the locker room. Title IX complaints were filed by the parents of all three students.
According to the press release, the school did not “treat the male students equitably throughout the Title IX investigation process. . .” The press release stated the school had not meaningfully investigated the male students’ complaints, “yet thoroughly investigated the female student’s sexual harassment complaint. . .”
The press release quoted the Acting Assistant Secretary for Civil Rights, who stated the school’s policy allowing students to use bathrooms and locker rooms based on gender identify violated Title IX. He also stated the school had not treated allegations equally because it investigated the “female student’s complaint” promptly, but had not meaningfully investigated the male students’ complaints. The press release also stated the Office of Civil Rights found the school had retaliated against the male students.
The Department of Education gave the school district ten days to enter into a Resolution Agreement. The agreement would require the school district to take a number of actions within 10 days, including rescinding the suspensions, reviewing the findings, notifying parents and students it will promptly investigate Title IX complaints, issuing apology letters, and training school and county staff who receive sexual harassment reports. According to news reports, the Department of Education granted an extension, giving the school district until October 3 to respond.
The suspended students have filed suit in federal court against the school board, alleging Equal Protection, Due Process, and Free Exercise of Religion, and Virginia’s Religious Freedom Restoration Act claims, in addition to Title IX claims. The lawsuit alleges the plaintiffs “simply asked questions and shared opinions” about the other student being in the boys’ locker room. The court granted a temporary restraining order, ordering the school board to put the 10-day suspension of one of the students in abeyance and allow him to return to in-person education. According to the court, the other student is no longer attending the school.
This situation illustrates how the changes in Title IX regulations and guidance can lead to confusion, discrepancies, and policies that do not comply with the current administration’s interpretation of Title IX. If a similar incident occurred in a different school with different policies, the transgender may have been punished while the other students were not. Any Washington student accused of a Title IX violation should seek the advice of an experienced Washington Title IX defense attorney. An attorney can work to protect the student’s rights during the Title IX investigation as well as any resulting disciplinary proceeding. If you or your child is facing a Title IX complaint, set up a consultation with Blair & Kim, PLLC by calling (206) 622-6562.