Wisconsin Parents File Civil Rights Complaint Over Transgender Student in Girls’ Locker Room
A legal battle is brewing in Wisconsin over the issue of transgender students and locker room access, with two parents filing a civil rights complaint against Westosha Central High School. The parents allege that their daughters were effectively forced to share a locker room with a biological male transgender student and faced academic repercussions for attempting to avoid undressing in the student’s presence.
The Wisconsin Institute for Law & Liberty (WILL), a conservative law firm, is representing the parents and has filed a formal Title IX complaint with the Department of Education’s Office of Civil Rights (OCR) and with the U.S. Attorney General. The complaint accuses Westosha Central High School of endangering the safety and privacy of its female students.
At the heart of the matter is the school’s policy of allowing a male transgender student to use the girls’ locker room during gym class. According to the complaint, this policy created a challenging and uncomfortable situation for many female students who felt pressured to choose between exposing themselves to a male student or facing tardiness and potential disciplinary action.
The parents’ concerns stem from the belief that requiring female students to undress in the presence of a biological male compromises their privacy and safety. They argue that the school’s policy disregards the unique vulnerabilities and sensitivities of female students, creating a hostile environment that interferes with their ability to learn and participate in physical education.
One of the parents, Nicholas Puchter, stated that he ultimately had to remove his daughter from the school due to the situation. "Parents send their kids to school so they can learn in a safe environment, but that’s not what happened here," Puchter said. "My daughter was punished for standing up for her own privacy and safety. The district’s misplaced priorities left us no choice but to leave the school."
The complaint details the experiences of two female students, identified as "Jane Doe 1" and "Jane Doe 2," who were enrolled in the physical education class in question. The complaint states that the girls became aware at the beginning of the second semester last December that a male transgender student would be permitted to change in the girls’ locker room.
The complaint alleges that while a few toilet stalls were available for girls to use for changing in private and away from the transgender student’s view, the limited time allocated for changing made it impossible for all girls to use the stalls. This created a crowded and uncomfortable atmosphere, where many girls felt compelled to choose between exposure and being late for class.
After Jane Doe 1 and Jane Doe 2 expressed their discomfort and embarrassment at having to undress in front of a male student to their gym teacher, they were allegedly told "not to worry about it" and that it would be considered "bullying" to deny the transgender student access to the girls’ locker room.
The parents of the two girls reportedly contacted the school’s administration office to demand that they address the issue. However, the complaint claims that the transgender student was still allowed to change in the same locker room.
During the winter break, Westosha sent a letter to families, stating that "no reports of inappropriate locker room behaviors were made to school personnel or law enforcement." Regardless, the school said it had "taken steps to ensure all students feel safe and comfortable in the locker room."
The complaint further alleges that Jane Doe 1 and Jane Doe 2 faced academic penalties when they attempted to avoid changing in front of the transgender student. Jane Doe 1 allegedly received multiple unexcused absences attempting to avoid the gaze of a male student in the locker room. In one instance, Jane Doe 1 tried to sit in the girls’ bathroom outside the locker room to avoid the male student when a teacher yelled at her for skipping class and forced her to return to PE class, the complaint says.
Jane Doe 2 was also marked absent on multiple occasions because she would wait for an empty stall to change clothes for class. Although her absences were excused after her father called the school, she still received a failing grade in the class, the complaint says. Her family ultimately chose to pull her out of Westosha, which is located in Paddock Lake, a village in Kenosha County bordering Illinois.
WILL accuses the school of violating Title IX protections by failing to take meaningful action to accommodate or address the students’ concerns and creating an environment where female students’ participation in gym class was hindered.
WILL is asking the Department of Justice and Department of Education to investigate these claims and act swiftly to remedy unlawful policies and practices, and order appropriate relief.
WILL Associate Counsel Lauren Greuel stated that "When schools like Westosha force girls into an inadequate choice between exposing themselves to a male student or academic penalties, they abandon all common-sense and their core mission. The law requires protections for girls to have the same educational opportunities as their male peers. The decision to punish these girls for protecting themselves must be promptly investigated by the Department of Education. We ask the department to consider the allegations in our complaint and quickly remedy these unlawful policies and practices."
In response to the complaint, the Department of Justice stated, "Forcing girls to compete against and share locker rooms with boys is demeaning, unfair, and dangerous. The Department of Justice will protect women and continue to vigorously defend President Trump’s executive actions, including the Keeping Men Out of Women’s Sports executive order."
Wetosha Central High and the Department of Education did not respond to requests for comment.
This case highlights the ongoing debate surrounding transgender rights and the balance between inclusion and the privacy concerns of other students. The legal outcome of this complaint could have significant implications for school policies across the country regarding transgender student access to facilities such as locker rooms and bathrooms. The focus will likely center on interpreting Title IX and its application to transgender students, as well as determining the extent to which schools must accommodate the privacy concerns of all students.
