VICKSBURG, Mich. — A lawsuit has been filed against Vicksburg Community Schools for allegedly allowing “biological males” to use girls’ multi-user private restrooms and locker rooms.
The district is being sued by current and former students with help from the guardians.
Parents first brought their concerns to the district at a school board meeting on August 14, according to the lawsuit.
During the meeting, some parents asked the school district to clarify its restroom and locker room policy, voicing concerns for the privacy and safety of female students, the lawsuit states.
The lawsuit also includes a statement given during the meeting by Vicksburg School Board President Skip Knowles.
The statement reads, in part: “The district's policies prohibit discrimination, bullying, harassment based on the basis of sex, which includes sexual orientation and gender identity. In addition, to following its policies it is equally important that the district complies with federal, state, and local laws and guidance and legal precedent related to unlawful discrimination, bullying, and harassment. State and federal law and guidance and current binding case law in Michigan require public schools to allow all students including transgender students to use the restrooms that correspond with their gender identity. Or use single-user restrooms whichever the student chooses. If the student prefers to use single-occupancy restroom, we ask our students to let an administrator know and arrangements will be made. Regardless of gender identity, Vicksburg Community Schools expect that any individual using a restroom will respect the privacy of everyone else using the restroom and will conduct themselves in an appropriate manner. If not, the student will be held accountable according to Vicksburg Community Schools discipline policy.”
A week later, on August 25, Portage-area attorney Matthew DePerno, filed the lawsuit in the United States District Court for the Western District of Michigan. DePerno was a Republican candidate for attorney general in 2022 and is currently facing charges for allegedly seizing voting machines after the 2020 election.
The lawsuit claims the students spoke with school officials about their concerns and were first told to “tolerate it and make it as natural as possible." When parents followed up with officials, the lawsuit states, they were told the girls could use the principal’s office to change or use the restroom. The lawsuit claims that subjected the students to harassment and embarrassment.
According to the lawsuit, students have experienced “fear, embarrassment and humiliation by failing to timely void urine” and claim some students now intentionally avoid using the restroom during the school day because of the risk of having their privacy violated.
The lawsuit claims Vicksburg Community Schools violated the students’ “fundamental right to bodily privacy” and discriminated against them by allowing “boys to use the girls’ locker room, strip naked, and expose themselves to girls.”
The lawsuit also accuses the district of Title IX violations due to the policy. As the lawsuit outlines, “in order to make a Title IX claim: (1) plaintiffs must be subjected to sexual harassment; (2) the harassment must be severe, pervasive, and objectively offensive; (3) the school must be deliberately indifferent to the harassment; and ( 4) the harassment must result in the denial of access.”
The lawsuit seeks for the court to award compensatory damages of $30,000 to the students and to issue a permanent injunction mandating the school only permit “biological females” to use the girls' restroom.
Back in March, Governor Gretchen Whitmer signed legislation expanding the Elliot-Larsen Civil Rights Act to include protections for members of the LGBTQ+ community.
Read the full lawsuit below.
Lawsuit Filed 8.25.23 1 by WXMI on Scribd
