Title IX Protections Regarding Transgender Students

An Oklahoma mother reports that her transgender son, Nex Benedict, was bullied and abused at Owasso High School for more than a year before he took his life.

In February, the teen was involved in a fight with three older female students in the high school bathroom. Nex was knocked to the ground, sustaining a blow to the head, multiple bruising around the eyes and face, and scratches on the back of the neck.

After taking her child to a medical center for evaluation, and talking to a police resource officer, the mother and teen went home. The next day, the teen collapsed while getting ready for the day, and stopped breathing. Later that evening, the teen died while in the hospital. The death was later ruled a "suicide"; however, the family is pursuing an independent investigation.

Nex's mother states the school did not call for medical help or the police at the time of the incident, and wants the assaulting students punished. Bevin Hurley "Oklahoma banned trans students from bathrooms. Now a bullied student is dead after a fight" www.independent.co.uk (Feb. 20, 2024); https://www.cbc.ca/news/world/non-binary-student-bathroom-death-1.7121384 (Feb. 21, 2024).

Commentary

It is undisputed that female students assaulted the deceased student in the high school bathroom, and that the deceased was bullied prior to the assault.

Title IX is a 1972 federal civil rights law, prohibits schools that receive federal funds from discriminating on the basis of sex. Sex discrimination includes sexual assault and sexual harassment, which interferes with a student's ability to have equal access to educational opportunities. Under Title IX, schools are required to provide all students, including LGBTQ+ students, a safe learning environment.

On April 19, 2024, the U.S. Department of Education released new Title IX regulations, effective August 01, 2024. The regulations specifically include gender identity in the definition of sex discrimination, consistent with Title VII, which applies to employees and applicants.

Under the new regulations, as in Title VII, sexual harassment will include prohibitions against repeated misgendering and refusal to use preferred pronouns, and students can choose the restroom that is consistent with their gender identity.

Schools should review their discrimination policies and safety protocols which includes bullying, by peers and anyone else in the school community.

Source: The McCalmon Group, Inc.