RE:
Notice of Title IX compliance for our child, a student, in
the__________________ School system
Dear
_________________
This
letter will serve as formal notice to the ________________ School system
expressing our desire for our child
____________________________________________ to be afforded the
following rights as clearly stated in Title IX Federal Regulations and
as they are reiterated in the recent "Dear Colleague Letter (DCL) on
Transgender Students."
By
this notification we are asserting the Title IX accommodations that
directly apply to our child who is not transgendered. We are requiring
that these Title IX and DCL accommodations be put into effect for our
child immediately.
Our
notifications are as follows:
On
page 3, second paragraph of the DCL, in the section titled "Compliance
with Title IX," it is stated:
"The
Departments interpret Title IX to require that when a student or
the student’s parent or guardian, as appropriate, notifies the school
administration that the student will assert a gender identity that
differs from previous representations or records, the school will begin
treating the student consistent with the student’s gender identity."
A
common sense (and legal) reading of the "Departments interpretation"
indicates that a student (even without parental guidance) can "notify"
school officials in order to "assert" a gender identity. This can also
be done, apparently, with no time limit restrictions or a defined number
of times a student can "switch sexes" - as the matter is currently
addressed in the DCL. The matter at hand certainly is not defined in
the true Title IX regulations, in any fashion whatsoever. And according
to the DCL in question, the “sex switch” can be declared without any
documented, medical, or common sense verification of the student’s true
and DNA-attested sexuality.
According to the DCL, at the point a student makes this "notification"
of gender switching the school must "begin" treating the student
according to his/her "new" identity. Current data validates that a
scenario such as this could also lead to abuse by certain students who
may have nefarious reasons for "switching gender identity." That same
common sense (as well as real-world statistical evidence) also asserts
that this scenario could eventually put our child in a very dangerous
sexual predatory, or harassment, situation. Furthermore, this
potentially criminal situation will have been one which had actually
been implemented and facilitated at the direction and the enforcement of
the ____________ School system.
Please know that we will pursue all civil and criminal remedies
available to us should such a scenario present itself in the life of our
child while under the care of the ____________ School system. The focus
of this aforementioned civil and criminal remedy would include not only
the direct offender, but also the school officials who were complicit in
facilitating the occurrence, resulting in the sexual or emotional
violation upon our child, who is not transgendered, but still protected
under Title IX federal regulations.
These
violations would include (but would not be limited to): taking nude or
partially nude photographs of our child, touching, fondling, making
verbal sexually suggestive statements, displaying or exposing sexual
organs not consistent with the sex of our child, attempting to allure
our child into a sexual situation, or directly assaulting our child -
especially in a sexual manner. All of these situations are covered under
current criminal statutes throughout the nation (federal and state) -
and are actionable.
Remedies:
In
light of these very real possibilities, given the relatively simple
gender-switching capabilities outlined in the DCL, we are insisting upon
the following Title IX - DCL remedies to assist in alleviating our
concerns.
On
page three of the DCL, the following directive is unambiguously stated:
1.
Safe and Nondiscriminatory Environment
"Schools have a responsibility to provide a safe and
nondiscriminatory environment for all students, including
transgender students. Harassment that targets a student based on
gender identity, transgender status, or gender transition is
harassment based on sex, and the Departments enforce Title IX
accordingly."
According to Title IX regulations, your responsibility to provide a safe
environment also includes our child. Our child falls under the
category of "all students" who are to be protected from the possibility
of "harassment" and/or sexual assault - of any kind. Our child possesses
an unequivocal physical, emotional, and medically verified “gender
identity” (complete with legal documentation) which we wish to
vigorously protect, and unashamedly celebrate. Title IX federal
regulations affords us the legal vehicle to ensure our rights in this
matter are fully protected and accommodated.
We
realize the aforementioned paragraph in the DCL is meant to primarily
emphasize the "equal opportunity" for transgendered students to be
afforded a "safe environment." We affirm common-sense solutions that
accomplish this assignment and, at the same time, protect the safety and
sanctity of all students. However, there is no legal possibility that
this opportunity for safety afforded to a “transgender” student can be
dismissed, or compromised, when it comes to our child who is not
transgendered. In order to provide this DCL mandated "safe environment”
for all children we insist that the _____________ School system
implement the following DCL directive in the school-life of our child.
The
directive is found on page 4 of the DCL.
3.
Sex-Segregated Activities and Facilities
"Restrooms and Locker Rooms. A school may provide separate facilities on
the basis of sex, but must allow transgender students’ access to such
facilities consistent with their gender identity. A school may not
require transgender students to use facilities inconsistent with their
gender identity or to use individual-user facilities when other students
are not required to do so. A school may, however, make
individual-user options available to all students who voluntarily seek
additional privacy."
Under
the directives of this section of the DCL (which is claiming as its
authority - Title IX Federal Regulation) - We hereby notify the
__________________ School system authorities that our child is to
always be afforded individual-use bathrooms, locker rooms, and
showers while on school property and/or participating in school
functions, sporting activities, or any other situation that is
officially school sanctioned.
By
the way, that same accommodation is clearly delineated again on page 5
under the title: Housing and Overnight Accommodations. It is apparent
from this DCL that Title IX law unambiguously allows the asserted
accommodation for our child. Therefore, we are insisting that these
accommodations of "safety" and "harassment free" zones be afforded to
our child.
Thank
you for your compliance in these Title IX Federal Regulations concerning
the safety and emotional well-being of our non-transgender child.
Sincerely,
_______________________ Parent
_______________________ Parent
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