A Massachusetts father has filed a federal Title IX complaint against the Old Rochester Regional School District, alleging his third-grade daughter experienced sex-based harassment after a transgender classmate entered her bathroom stall. Luis Rivera, whose daughter attends Rochester Memorial School, hired attorney Sam Whiting of the Massachusetts Liberty Legal Center to pursue the complaint, which was filed in May.
Whiting's letter on Rivera's behalf states that the 9-year-old daughter was subjected to harassment when a transgender female classmate, who was assigned male at birth, entered her private bathroom stall. The complaint also alleges that the transgender student had previously observed female students using the restroom, which Rivera and his attorney contend violated the girls' privacy and dignity.
Rivera and his wife, Kerri, along with other parents, had previously approached Rochester Memorial School Principal Heidi Letendre multiple times regarding the transgender student's use of the girls' bathroom. Rivera told Fox News Digital that the principal initially stated no boy should be in the bathroom, but later changed their account.
Rivera has attended school committee meetings since the incident, joining other parents in advocating for a change in the district's bathroom policy. The couple has decided to transfer their daughter to a different school for the upcoming academic year. His daughter reportedly wrote a letter to then-President Donald Trump and former First Lady Melania Trump expressing fear about using the girls' bathroom.
The dispute involves the district's interpretation of state and federal anti-discrimination laws, according to Whiting. Massachusetts law prohibits discrimination based on gender identity and requires schools to provide equal access to privileges and programs. The Massachusetts Department of Elementary and Secondary Education also supports transgender students having access to school facilities consistent with their gender identity.
Despite the complaint, the Old Rochester Regional School District has not indicated plans to alter its policy. Superintendent Michael Nelson stated in a message to parents that, following a Title IX investigation, school staff and district administrators acted in compliance with the law. An independent decision-maker reportedly upheld this conclusion after reviewing the complaint.
Nelson also noted that educators and administrators have faced numerous hostile and threatening communications, both directly and indirectly through social media, during the process. He affirmed that the district is bound by state laws and education policy, emphasizing that the handling of student matters is best left to professional educators.
Whiting expressed disappointment with the superintendent's response, which he felt downplayed the incident's severity. He stated the response suggested such occurrences are typical among young children. Whiting hopes the U.S. Department of Education's Office for Civil Rights will investigate the complaint and find the district in violation of Title IX, potentially leading to enforcement action by the Department of Justice. He noted that schools found in violation of Title IX risk losing federal funding.
Rivera stated that the district's lack of remedial action compelled him to escalate the issue to federal authorities, citing a lack of transparency and accountability. He believes that if appropriate policies had been in place, the incident involving his daughter would not have occurred, and he is now dealing with her emotional distress.