When the idea that a bill could allow men to use woman restrooms if they were transgender was first proposed, people voiced concerns that it could lead to sexual assaults. Those people were quickly silenced by proponents of Title IX on the left who called them bigots and said they were transphobic for suggesting that a trans person would even do that.
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Well, sadly it is time to report that the U.S. Department of Education’s Office for Civil Rights has announced it will be investigating a complaint that Alliance Defending Freedom attorneys filed against the City Schools of Decatur. The complaint details the rape of a kindergartener who was sexually assaulted in her school bathroom because of Title IX which allows transgender individuals to use any bathroom they choose.
Before we get any deeper, lets clear up exactly what Title IX is. According to the NCAA website, Title IX of the Education Amendments Act of 1972 is a federal law that states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
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ADF Legal Counsel Christiana Holcomb who is representing the victim said, "This situation was both deeply tragic and avoidable. Schools have a duty to protect the privacy and safety of all students and Decatur Schools clearly failed this young girl. The current approach that many schools are taking of passing these transgender bathroom policies isn’t working; they fail to provide basic privacy or ensure the safety of all students."
The criminal complaint was filed on May 22 and alleges that Superintendent David Dude announced to school staff, "a policy that required all Decatur Schools to admit boys who identify as female into girls’ restrooms, locker rooms, and shower areas on school premises…based solely on the stated preference of the individual student…."Superintendent Dude and the Board were repeatedly warned through written statements and public comment that the Policy would unacceptably inflict the loss of privacy and loss of safe private spaces for girls."
Yet, the school district made no changes to the policy and in November of 2017, a boy was legally permitted to enter the girl's restroom where he raped a 5-year-old girl referred to in the complaint by the initials "N.T."
<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Actually, this is simply returning things to where they were before President Obama unilaterally changed the meaning of the word “sex” in federal statutes like Title IX. He never should have done that and had no right to do that. /1 <a href="https://t.co/aLjoQzfons">https://t.co/aLjoQzfons</a></p>— Denny Burk (@DennyBurk) <a href="https://twitter.com/DennyBurk/status/1054112266059161600?ref_src=twsrc%5Etfw">October 21, 2018</a></blockquote>
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Related coverage: <a href="https://thegoldwater.com/news/37429-Georgia-Pervert-HS-Student-Accused-of-Exposing-Himself-Dragging-Girl-Into-Bathroom">Georgia - Pervert HS Student Accused of Exposing Himself, Dragging Girl Into Bathroom</a>
U.S. Department of Education’s Office for Civil Rights is responsible for enforcing Title IX, but now the agency is investigating whether the school failed to respond to a report that N.T. was sexually assaulted and whether the school district's policy contributed to harassment for students and other girls who didn't support Title IX. That isn't all, the DoE OCR is also investigating whether the school district retaliated against the victim's parents for reporting the sexual assault.
Despite a 5-year-old girl being raped on their watch and due to their own policy, the school district refused to change its policy. This forced the victim's mother to pull her out of school for fear of her safety, both emotional and physical. ADF-allied attorney Vernadette Broyles with the Georgia Adoption & Family Law Practice is also representing the victim.
Broyles said, "A school’s top priority is to protect the safety and bodily privacy of its students, period. Decatur School’s policies have created a stressful, unfair, and, as in this case, even unsafe environment—particularly for girls. We are grateful that OCR is investigating this tragedy, and we hope the agency helps this school district and others adopt commonsense solutions that protect the privacy and safety of all students."
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