Denied Men's bathroom at Public school and title IX

[Skyler]

So today I had a meeting with my prinicple to discuss my 'needs' as being transgender. He brought up bathrooms and i said I would just use the men's as im presenting..however he said "no i only have to provide you with a "gender neutral one" which he went on to say i could use the nurse's one or one that requires a key by the gym. So my question is does title IX allow this because i thought i was allowed to use the bathroom my gender identified as. (I live in NY, USA)

[Foxglove]

Hi, Skyler!

I'm afraid I can't answer your question since I live in Ireland.  But I find your post very interesting.  This of course isn't the first time I've heard of a transguy being refused the use of male facilities--the loo, a changing room, whatever.

Now we T-girls often run into opposition about using female facilities on the grounds that we're a threat to women.  We're "perverts", "sexual predators", etc.  Now if this were truly the reason that people don't want us in the ladies' room, then why the opposition to transguys in the men's room?  Does a cisguy really find a transguy a physical threat to him?

In other words, what we're all faced with--guys and girls--is simply a general dislike of transpeople.  Physical threat or no, they don't want us being what we are.  Hence their insistence on segregating us, if, that is, they're gracious enough to tolerate our existence in the first place.

[Matthew]

Discrimination.

*chants* Lawsuit, lawsuit, lawsuit !

[Blue Senpai]

Sounds like the principal needs to accomdate your request:
http://schools.nyc.gov/RulesPolicies/TransgenderStudentGuidelines/default.htm

[h3llsb3lls]

Title IX certainly enters into this, but it depends on your states implementation policy. Your best bet is to call a lawyer, or failing that, read it yourself. States with approved implementation plans don't have to adhere to the federal mandates as written.

[LordKAT]

Sounds like the principal needs to accomdate your request:
http://schools.nyc.gov/RulesPolicies/TransgenderStudentGuidelines/default.htm

Actually that reflects what the principal said. They are not forcing anyone into an area that conflicts with the students identity.

[Blue Senpai]

Actually that reflects what the principal said. They are not forcing anyone into an area that conflicts with the students identity.

I guess but he really wants to use the male bathroom.

[Skyler]

We're waiting for a call back from an attorney from the ACLU also I do not live in NYC.  Iv'e been trying to read up on information however it is rather confusing as title IX applies to any school that is federally funded and transequality.org says that public schools must provide equal access to all facilities and programs as the student's gender identity...

[LordKAT]

I guess but he really wants to use the male bathroom.

I understand and agree he should be able to. I'm just saying that link doesn't help.

[GnomeKid]

Not trying to enter into this in a bad light... because I also agree he should be allowed, but maybe the principal is just trying to cover his own ass.  Suppose you get beat up or worse in the mens room / locker rooms ect.  Not saying that would happen, or whether or not its even close to likely.  It might(would), however, put him in a public spotlight he doesn't want to be in..   

Then again he could just be a pompous transphobic ass... or both.

[Skyler]

violence isn't by any means an issue here and he said his reason was it that other students would feel 'uncomfortable'

[OlderTG]

I understand and agree he should be able to. I'm just saying that link doesn't help.

I disagree to an extent.

"The use of restrooms and locker rooms by transgender students requires schools to consider numerous factors, including, but not limited to: the transgender student's preference; protecting student privacy; maximizing social integration of the transgender student; minimizing stigmatization of the student; ensuring equal opportunity to participate; the student's age; and protecting the safety of the students involved." 

In my opinion...FAR from a legal opinion, which you might well need... the principal should be prepared to give a solid explanation of why the transgender student's preference cannot be honored. He can SAY he's taken all these other factors into consideration, but it can't just stop there. Maybe he's got a legit point of view... or maybe a very twisted point of view. Maybe he's not only transphobic, but parent phobic as well. At any rate, I don't think the principal should be let off the hook without explaining himself.

Ugh! While I wish I'd known who I am long ago, I do NOT envy you facing these issues as a high school student! I wish you only the best!

[LordKAT]

Other students could very well feel uncomfortable. The principal does have to consider that as well.

[OlderTG]

"Uncomfortable" just isn't enough. Students can be "uncomfortable" with special ed kids or kids with handicaps in their classrooms. They may not be "comfortable" with people of color. School is a place for learning. Kids need to learn acceptance and to do that they will at times be uncomfortable. As a former teacher, I myself was at first uncomfortable with a lot of kids who were different in some way, but it was my job to get comfortable and give them the best education possible.

[LordKAT]

It is enough for harassment,  sadly.

[Skyler]

As it stands the laws are cloudy however the ACLU agreed to advocate for me with their social worker and team of lawyers. Ill be contacting them tomorrow then they will contact the school and if they aren't compliant they will be filing a law suit (there are already many filed in NY however the court hasnt ruled on any of them yet) ...so thats how things are going and i'll end up graduating before I can actually use a bathroom that matches my gender it seems ..

[chance]

I don't think anyone can be sued for being trans. That isn't harassment. That would be the same as saying lesbians are harassment because they are lesbians....

[Danielle79]

New York State is a ridiculous patchwork of laws when it comes to being transgender. The state itself has no transgender protections on the book (I think it's one of the only states with protections for sexual orientation but not gender identity and expression). Many, but not all, of the jurisdictions downstate (NYC and surrounding areas) have protections, so you can drive in and out and back into a protected area in the span of twenty minutes. The upstate (north of NYC) tends to be much more conservative. And even if you are in NYC, which has strong protections, those protections do not necessarily apply at a state-owned facility.

The State Senate is stuck in a weird power-sharing agreement between the Republicans and a break-away faction of Democrats. Its leaders refuse to bring the bill that would provide transgender protections, GENDA, to a vote. It used to be that they wouldn't even talk about GENDA; now they bring up the bathroom issue when you mention the bill. There's a significant chance that the Democrats will take control of the State Senate next year, but even then I'm not certain that a vote will be held. The NYS Assembly (the lower house) has voted to pass GENDA several times, and the current governor claims to support the bill. We'll see.

[GnomeKid]

I'm beginning to think coming to the trans realization post-high school was truly a blessing

[xponentialshift]

Firstly I think it is terrible that the school is doing this to you Skyler.

For those of you discussing the NYC article that was linked, keep in mind NYC has its own anti discrimination laws in place that do not apply to the rest of the state. Skyler already said he is not in NYC.

Skyler, when you mentioned this in chat you left out the bit about them offering the gender neutral/staff bathroom option. It reminds me of a case in another state (Colorado or Maine I think?) Where a trans student was restricted to the staff restrooms. The school was sued and the school was held liable. Although it is in a different state it might still hold some sort of federal precedence, or at least give your school a good scare if it gets brought up during negotiations.

I have my fingers crossed that this all works out for the better sooner rather than later.

Good luck!
-Molly