Transgender student says she was suspended for using ladies' restroom
6:16 PM, Nov 9, 2011
Written by Nick McGurk

http://www.9news.com/news/article/228934/188/Transgender-student-says-she-was-suspended-for-using-ladies-restroom-

FORT COLLINS - Two Fort Collins High School students say they don't feel welcome on campus because they say they're not allowed to use the restrooms they want. Both identify themselves as transgender.

Sixteen-year-old Dionne Malikowski was born male, but she now identifies as transgender. Her friend Kurt Peters, also 16, was born female and says he is transgender as well.

Posted on Advocate.com November 10, 2011 01:50:00 PM ET
Trans Girl Suspended From High School for Using Bathroom
By Diane Anderson-Minshall

http://www.advocate.com/News/Daily_News/2011/11/10/Trans_Girl_Suspended_from_High_School_for_Using_Bathroom/

Two transgender high school students in Fort Collins, Colo., say they have been forbidden to use student restrooms, and one of them, 16-year-old Dionne Malikowski, just got suspended for doing so. Malikowski, a trans girl, and her friend Kurt Peters, also 16 and a trans guy, say they have been told to use the staff bathrooms at Fort Collins High School. But, Malikowski told reporters, "There's not staff bathrooms all over the school, so when you really got to pee, you got to pee."

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Transgender students in Colorado warned not to use restrooms
Staff Reports

http://www.lgbtqnation.com/2011/11/transgender-students-in-colorado-warned-not-to-use-restrooms/

FORT COLLINS, Colo. — Two high school students in Fort Collins, Colo. — who identify as transgender — say that attitudes displayed by the school's administrators make them feel unwelcome on campus, including being prohibited from using the same restrooms as other students.

Dionne Malikowski and Kurt Peters, both 16, have been instructed by officials at Fort Collins High School to use staff restrooms or face disciplinary measures.

Huffington Post
from Colorado Channel 9 News
http://www.huffingtonpost.com/2011/11/11/colorado-transgender-student-suspended-restroom-_n_1088343.html

Two Colorado teens say they feel they are being punished by their high school for identifying as transgender.

As Colorado's 9 News is reporting, Dionne Malikowski, 16, claims she was told she would be suspended for three days from Fort Collins High School when she was caught using the women's restroom. "I cried," said Malikowski, who was born male but now identifies as transgender. At present, she is required to use the staff bathrooms instead of the students' bathrooms. "I told them that it was really messed up for them to do that to me, and they were like, 'We've warned you before,' and I was just like, 'Obviously you don't understand what it's like.'"

Malinowski's friend Kurt Peters, also 16, says he also reprimanded for using the men's bathroom, but only received a warning as it was a first time offense. "Since it was a first time offense, they let me go," Peters said. "But I think it's really stupid that Dionne got suspended and I didn't. I should have got suspended if Dionne did."

Fort Collins High School officials did not comment on the incident(s) due to student confidentiality agreements, but Malinowski says she continues to feel uncomfortable. "I feel like the school doesn't really understand what it's like to be in our situation," Malikowski added.

Transgender student's restroom use raises questions on PSD policy
11:57 PM, Nov. 16, 2011
Written by Sarah Jane Kyle

http://www.coloradoan.com/article/20111117/NEWS01/111170344/Transgender-student-s-restroom-use-raises-questions-PSD-policy

One question is causing a stir at Fort Collins High School: Who has the right to use which restroom?

Dionne Malikowski, 16, a transgender student at the school, said she believes she should have the same rights as any student to use the bathroom of her choice. But the fallout from following her convictions is prompting her to transfer to another school.

Malikowski, who was born male and now identifies as a female, said she was told by school officials that she would be required to use only staff restrooms when she entered the Lambkin community, a policy that she said school officials told her was to keep her safe from harassment.

I just found out about this on the TV news.  For Fox, it was surprisingly sensitive.  This is NOT supposed to happen in Colorado.

I sent the following letter to the station, the Ft. Collins and Denver pride-groups, the district and the principal:

I read your report about Dionne Malikowski with some interest.  Do you ever do any research about the stories your report?  Did it occur to you to check what Colorado law has to say about this?  Because this is a flagrant violation of Colorado law, and should have been reported that way.  I am copying this to the Denver and Ft. Collins Pride Centers, as well as the Fort Collins school system.

It is black-letter law that transgender people must be allowed to use the restroom that is in accordance with their gender identity.  It is clearly covered by 24.34.601 of the Revised Statutes and Rules 81.1 and  81.11.  Note that "educational institution is specifically named as a "place of public accommodation".

As used in this part 6, "place of public accommodation" means any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public, including but not limited to any business offering wholesale or retail sales to the public; any place to eat, drink, sleep, or rest, or any combination thereof; any sporting or recreational area and facility; any public transportation facility; a barber shop, bathhouse, swimming pool, bath, steam or massage parlor, gymnasium, or other establishment conducted to serve the health, appearance, or physical condition of a person; a campsite or trailer camp; a dispensary, clinic, hospital, convalescent home, or other institution for the sick, ailing, aged, or infirm; a mortuary, undertaking parlor, or cemetery; an educational institution; or any public building, park, arena, theater, hall, auditorium, museum, library, exhibit, or public facility of any kind whether indoor or outdoor. "Place of public accommodation" shall not include a church, synagogue, mosque, or other place that is principally used for religious purposes.

Thus every school in Colorado is a "covered entity" governed by Rule 81.11, and must allow people to use the restroom that matches their "gender identity":

Rule 81.11 - Gender-Segregated Facilities
   
(A)  Nothing in the Act prohibits segregation of facilities on the basis of gender.
   
(B)  All covered entities shall allow individuals the use of gender-segregated facilities that are consistent with their gender identity. Gender-segregated facilities include, but are not limited to, restrooms, locker rooms, dressing rooms, and dormitories.

(C)  In gender-segregated facilities where undressing in the presence of others occurs, covered entities shall make reasonable accommodations to allow access consistent with an individual's gender identity.

Clearly Dionne's gender-identity, as defined in Rule 81.2 is female:

Rule 81.2 - Sexual Orientation Definitions
   

(A)  The term "sexual orientation,"  as defined in the Law, means a person's orientation toward heterosexuality, homosexuality, bisexuality, transgender status or another person's perception thereof.

(B)  The term "transgender"  means having a gender identity or gender expression that differs from societal expectations based on gender assigned at birth.

(C)  The term "gender identity"  means an innate sense of one's own gender.

(D)  The term "gender expression"  means external appearance, characteristics or behaviors typically associated with a specific gender.

(E)  The term "covered entity"  means any person, business, or institution required to comply with the antidiscrimination provisions of the Law.

Regardless of what kind of administrative problems this presents for the school, Dionne must be allowed to use the right restroom.  To deny this is an outrage, if not a million-dollar torte.

http://www.denverpost.com/search/ci_19360524

The Post clarifies the fact that Dionne's school violated Colorado law, as was not done by Fox news.

The full discussion thread is offensive, going on disgusting.  I am posting as Giannia.  The full discussion thread is found here:
http://neighbors.denverpost.com/viewtopic.php?f=49&t=19360524

I really liked this post:
Postby gardengirl on November 18th, 2011, 12:00 pm
I sincerely hope none of the posters on here piling on this young lady call themselves "conservatives."

True conservatives would never want to expand the role of the government literally into people's bathrooms. Leave her alone.

Just because you haven't wrapped your minds around the legitimacy of her condition, doesn't mean it isn't legit. For example, epilepsy was once considered a capital offense, punishable by burning alive. Perhaps you would like to declare her a heretic and burn her at the stake?

After reading the Post article and the related discussion, I have to applaud the Post on their treatment of a delicate and controversial subject.  I also have to say that I am appalled by the amount of hate that is out there.  It's like our society is still forcing us to sew pink triangles on our jackets, only metaphorically instead of literally.  I think it is pretty clear where the bullying is being taught.  As with the parents, so with the children.

It breaks my heart.   

The schools also have to understand that they reinforce and condone hate, bullying and intolerance; when they turn a blind eye to it.

Quote from: GinaDouglas on November 20, 2011, 09:57:00 PM
The schools also have to understand that they reinforce and condone hate, bullying and intolerance; when they turn a blind eye to it.

I couldn't agree more!  When a child is getting bullied and sees a teacher looking straight at the situation and turn away as if to pretend not to see it, that child quickly learns that there is no recourse; the schoolmates that are not part of the problem are powerless to help and the adults will avoid getting involved. What's left? That's why suicide and violent responses that usually end in suicide become so attractive to some bullied youths; they literally see no other alternative except to submit to the suffering and pain indefinitely.

Students need to know that if bullying is witnessed by a teacher, or is brought to a teacher's attention, that action WILL be taken to put a stop to it. They will only feel that telling an adult is an option if they believe the adult will actually do something useful.

I also think not enough emphasis is given to explaining to students that certain extreme forms of bullying, such as physical assault or specific threats of bodily harm, can be referred to the police for resolution. Often, kids have a default belief that the police will not see schoolyard bullying as "a real crime", regardless of how violent that bullying may get.

I can't believe that they are doing this. I didn't think america was like that