Title IX Complaint: Wisconsin School Failed to Act After ‘Trans Female’ Student Exposed Himself to Female Students in Locker Room Shower
A restroom and locker-room policy offered by the school district calls for considering the requests of trans students “on a case-by-case basis.”
The conservative Wisconsin Institute for Law & Liberty (WILL) filed a June 14 Title IX complaint against a Wisconsin public school district after a ‘trans female’ student exposed himself to four minor female students in a high school’s locker room shower. Title IX bars sex discrimination in education:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
According to the complaint, sexual harassment under Title IX includes “[u]nwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.”
WILL filed the complaint against the Sun Prairie Area School District (SPASD) “as an interested third-party organization with clients whose daughter was discriminated against on the basis of sex” because of the shower incident, which the complaint details:
On March 3, 2023, four freshman girls at SPASD participated in a swim unit as part of their gym class. After class, the girls entered the girls’ athletic locker room to shower before their next class. Upon entering, they noticed an 18-year-old senior male student in the area of the lockers and benches. While the girls were shocked to see him in the locker room, they had a general idea that the student identifies as transgender. Even though they were uncomfortable, they proceeded to the shower area and began to rinse off with their swimsuits on, which was their = usual practice.
As the girls began to shower, the male student approached them, entered the shower area, announced “I’m trans, by the way,” and then fully undressed and showered next to the girls. He was initially turned towards the wall but turned and fully exposed his body to the four girls. He had not transitioned medically and had the physiological appearance of an adult male. Understandably, the girls closed their eyes and tried to hurry up and leave the showers.
The complaint accuses the district of not following Title IX procedures by failing “to offer supportive measures or an opportunity to file a formal complaint of sexual harassment until after WILL became involved.”
The district’s alleged failures include not interviewing one of the four girls even after becoming aware of her identity and failure to report a possible criminal act because an adult exposed himself to minors.
One of the girls relayed the experience to “another student, who subsequently informed student services about the incident.” The complaint alleges the school’s assistant principal failed to pass the sexual harassment report on to the Title IX coordinator as required by law.
When the uninvolved student later received permission to provide the names of the four girls to student services, “the assistant principal told the student that the girls can instead approach [the assistant principal] if they wanted,” according to the complaint.
When WILL asked why the district never interviewed one of the girls, the district allegedly replied that an interview was unnecessary because “the investigation had already established the facts of what occurred.”
The complaint accuses the district of failing to resolve the concerns of parents who inquired about the school’s locker-room use policy, with the district allegedly only producing a “Restroom and Locker Room Accessibility Guidance” policy more than a month after the incident on April 20, 2023. The complaint alleges the policy “by all accounts was never adopted by the school board.”
According to a response from the district, “[t]he language in that document was in effect at the time of the incident. It is a part of the district’s transgender guidelines document which dates to 2017.”
The “Restroom and Locker Room Accessibility Guidance” document, which quotes Title IX, describes how the district will handle restroom and locker-room conflicts arising out of use by trans students:
A student who is transgender, nonbinary, or gender expansive will be permitted to access the men’s/women’s segregated restrooms in accordance with the student’s gender identity that the student regularly asserts at school and in other social environments.
The document calls for assessing requests “on a case-by-case basis” to further the goals of facilitating access to the “curriculum and other relevant programs,” providing “adequate student privacy and safety” and reducing “stigmatization of the transgender student.”
According to the document, requests must be considered in light of “[t]he physical layout of the facility and the degree of undress required when changing for the applicable activity . . . in making the arrangements.”
The document continues, however, that “[t]here is no absolute rule that, in all cases, will require a transgender student to access and use only the locker rooms and other changing areas that correspond to the biological sex the student was assigned at birth.”
A letter from WILL to the district on April 19, 2023, called on the district “to address this [incident] immediately and put policies in place that will protect the safety and privacy of all students” and called “the response by the District to date . . . completely inadequate.” The letter made extensive document requests of the district.
A response to WILL’s request for documents, dated May 10, 2023, provided several requested documents but refused to produce others until WILL pre-payed more than $11,000 in costs estimated to produce the remaining documents.
Counsel for SPASD declined to comment on the Title IX complaint.
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Comments
Couldn’t we at minimum have a penis filter? No boy should be in the girl’s locker room/bathroom unless they have committed to being mutilated. Anything else is an opening for hormonal (male) boys to peep at girls or worse, as we have seen.
Agreed. Keep it simple. A few basic ideas for legislation.
1. No minor children (under 18) allowed to transition physically via surgery or chemicals or in any other non 100% reversible manner to their original natural biological state.
2. All persons wishing to transition must undergo six calender months of psychiatric therapy and evaluation prior to beginning a ‘social’ transition. After completing the 6 months of therapy patients, if recommended by their treating Psychologist and upon case review and concurrence by an independent Psychologist may begin one calender year of social transition and ongoing therapy. No person under age 18 shall begin a social transition unless they have been emancipated from their parents and are a HS graduate. No person less than 17 years shall begin a social transition that any public or private entity is required to recognize.
3. Upon completion of the one year social transition and upon recommendation of the treating psychologist and with the concurrence of an independent Psychologist the patient may be recommended for surgical or chemical transition.
4. Use of facilities segregated by sex. All persons with a penis shall use the male facilities. All persons without a penis who also identify as female shall use the female facilities. (There are male veterans who had their junk blown off so this allows them to keep using the male facilities)
This accomplishes several things.
1. Puts a framework on the transition process to protect patients without being too burdensome for adults.
2. Protects minor children from crank psychologists and woke weirdos until they are adults.
3. Eliminates the controversy about what facilities trans may use in K-12.
You cannot treat a mental disorder by agreeing with and facilitating the delusional basis of that disorder.. Surgical mutilation and chemical treatments are utterly inappropriate and frankly immoral, even for adults.
Are anorexic girls actually fat? Should we agree that she IS fat and encourage her attempts at weight loss because its “her lived reality”? Perhaps she needs diet drugs to feel like her authentic self?
Great arguments. I agree 100%. You don’t gotta convince me.
Unfortunately what you describe is exactly what is going on across the nation by medical providers b/c they do not agree.
Several sane States, including my own State of Alabama have enacted protections for minor children. In Bama we made it a felony to administer chemicals or perform surgery on a minor child to aid their ‘transition’ last year. Enforcement was blocked in court and the case is under appeal.
I don’t believe you will be successful in convincing a majority of voters much less the courts that an Adult can’t do whatever they want with their body as long as it doesn’t harm others. As an example Physician Assisted Suicide is perfectly legal in ten States.
IMO we should focus our efforts and concentrate on protecting the kids from woke weirdos who want to exploit them for profit or ideology. Let the adults take care of themselves.
“”Several sane States, including my own State of Alabama have enacted protections for minor children.””
Problem is, it only takes one crazy judge to block the law, at least long enough for it to become irrelevant to that particular group of students.
Sure and that’s what the appeals process is for. There’s nearly always some shopped for, ideological lefty judge willing to throw sand in the gears to assist lefty lawfare.
But if the legislature says ‘eff it, some judge will block it so why bother’ then things stay crazy and kids get mutilated. Gotta get it to the appeals stage and sometimes beyond to a full hearing or to SCOTUS to make it stick. Quitting before we begin doesn’t seem like an effective plan for change.
Even if he’s been mutilated in a futile attempt to make him appear female, he’s still male, and girls still have as much right not to be compelled to undress and shower in his presence.
I have to remain unalterably opposed to compromising, in any way, to any degree, the safety, modesty, and comfort of girls and women, in order to pander to mentally- and mo0rally=-defective male perverts who want, on any pretext, to violate that safety, modesty, and comfort.
Are you as committed to the modesty and comfort of males?
As a society we have to get back to the idea of freedom of association.
Thank you for saying this! As an older female, I can’t imagine going through what those girls did. 7th to 9th grade is a weird time for girls (and boys, too, I guess). Bodies developing at different rates, still learning to deal efficiently with a monthly period, hormonal changes, etc, mske the mandatory gym showers uncomfortable times at best.
Then, to have a 12th grade (18 yr old?) man putting his business on full display in the shower with them? I don’t care if he thinks he is Trans or not! This is SICK!
Judging from a growing number of detransitioners, it should be a capital crime to fully “transition” a minor. I speak as a grandparent of both a girl and a boy (whom I don’t want groomed by pervs), a teacher, and a citizen.
What a sick, boiled frog our society has become. An 18-year-old freak is scrubbing his Willy in front of little girls, and our response is to quibble over proper notification procedures. How did we become so unmanned? Will we melt away if screeching harpies call us hate mongers? This we should hate- top to bottom. Transgenderism is a mental illness. Parents- Take your children out of those schools now.
The girls who complain are more likely to be punished than anything else these days.
Committed is not enough, admittance should be after removal. Then the Trans can complain about IT’s pain, from what I have read, pain which may be life long.
If this happened when I was in high school, the girls’ boyfriends and brothers would have dealt with the problem behind the bleachers.
The trans scourge needs to be eliminated. Make it uncomfortable to be trans, and whose who actually have mental illness can receive treatment to help them be comfortable with their actual sex.
I’m thinking enough of this abuse of girls by boys who see an opportunity. Also, this is the fault of the school and school board. Adults are enabling child abuse. As written above, it is time for men to step up and take hold of the board as well as school principles. Male classmates of these girls can deal with the peeping pervs. Enough of the G-D bullshit. I should put a period here.
I’m still wondering how brain dead the parents have to be to allow their child to go to these schools…
How about some fathers, or some of the beefier heterosexual boys “taking care of” the problem ?
The risk is too high for most people. Guaranteed arrest and lengthy prison term for a hate crime is a huge disincentive.
The problem doesn’t lie within the Asst Principal, nor within the exhibitionist “trannie”, nor within the girls. IMHO, the problem lies within the sickness to which our society has (has deliberately been?) transitioned
Within our legal field.
I like this approach, it resonates with Saul Alinsky’s rule #4: make the other side live by their rules.
Title IX law requires the school to investigate incidents of sexual discrimination? Then by George they’d better investigate, and if they don’t they’ve violated Title IX. Once a violation has been established, sue the school again in Federal court to deprive them of Federal funds for violating Title IX. Put the schools and their DEI administrators on the defensive.
What I want to know is how some bullshit scribbled on a piece of paper by a schoolmarm overrides centuries of “indecent exposure” LAWS.
That’s simple. It’s because we have entered a new era of love and understanding, tolerance, and mutual respect. As Norm Crosby might have put it – This is the dawning of the age of a queerie ass.
Under equal support notion behind Title IX, perhaps women (womyn, wyymen, birthing persons, XX-havers, and the rest) are entitled to equal opportunity to do sports.
Who do we have to keep out of locker rooms, to get Wom-ect’s oppportunity to do sports w/o being assaulted or raped on a par with those other people?
There can be no concessions to single sex spaces for women. If an exception is made for chemically/surgically mutilated “trans” people, leftists will exploit it until we are back to the current ridiculous situation where women’s rights—that no one used to question—are meaningless.