RE: Notice of Title IX compliance for our child, a student, in the__________________ School system
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.
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.
Your Attorney General
Your State Dept. of Education
All School Board Members
Your child’s principal
Your State Representative
Your personal attorney