The Department of Education Won't Investigate Transgender Bathroom Complaints

Posted by Joseph D. Lento | Oct 19, 2018 | 0 Comments

The Trump Administration's Department of Education, headed by secretary Betsy DeVos, has made some major decisions in a very short amount of time. Much of them have been influenced by the rather conspicuous agenda to undo Obama-era guidance. One of the most controversial changes was the decision to rollback transgender protections.

In May 2016, former president Barack Obama instructed public schools on all levels to allow transgender students to use bathrooms and locker rooms that coincide with their gender identity. This order was issued as an interpretation of Title IX, which mandates sex equality in education. Consequently, any complaints received by a school alleging discrimination against a transgender student was to be adjudicated by said school.

But in February 2017, the Trump Administration rescinded this guidance. In a letter to the Supreme Court and the country's public schools, the department stated that it will not “rely on the views expressed in that guidance, and instead will consider further and more completely the legal issues involved.” The letter did not address how gender discrimination complaints involving transgender students and bathroom accommodations were to be adjudicated from that point on, leaving it up to the schools to resolve the issue how they see fit.

A few months ago, LGBTQ advocates created buzz regarding their suspicions that the Education Department was dismissing transgender discrimination bathroom cases. In an interview with NPR, department spokesperson Liz Hill confirmed much of what was suspected by announcing that the rollback has lead to a new development. She revealed that the U.S. Department of Education will no longer investigate civil rights complaints from transgender students prohibited from using the gendered bathrooms or locker rooms they identify with.

“Title IX prohibits discrimination on the basis of sex, not gender identity,” Hill stated. She went on to say that access to accommodations like restrooms, and presumably locker rooms in particular, don't fall under the realm of Title IX: “In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”

As expected, LGBTQ advocates expressed outrage about the policy, calling it “dangerous” and “reprehensible.” Many say that the policy endorses much of the bullying behavior and violence against transgender students that already goes unchecked. Secretary DeVos, however, claims that all students are protected from bullying and harassment, as these behaviors do fall under Title IX and must be adjudicated. 

Still, advocates worry that the administration's position may be sending the wrong message to schools that haven't yet taken a stance on this issue.

Nationwide Title IX Advisor

The only way to make sure your voice is heard and your rights are upheld is to retain a student defense attorney. For respondents, especially, the assistance of an attorney advisor is invaluable in the Title IX process. National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. For a case evaluation or more information about his representation, contact him online or give him a call at 888-535-3686 today.

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Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address any school-related issue or concern anywhere in the United States.


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