Dept. of Education says Denver school district violated Title IX with all-gender bathroom

A U.S. Department of Education investigation into Denver Public Schools (DPS) recently concluded that the school district violated Title IX by converting a girls’ bathroom into a gender-neutral one in December.

According to an Aug. 28 press release from the department, its Office for Civil Rights (OCR) determined that East High School’s decision to repurpose a girls’ bathroom as an all-gender facility discriminated against students on the basis of sex. OCR also found that DPS’ policies on LGBT students, which allow “transgender” students to use gender-segregated spaces that align with their gender identity instead of their actual sex, also violate Title IX’s prohibition on sex discrimination.

The bathroom in question was on the second floor of the high school, and only the bathroom designated for female students was converted to a gender-neutral space, while the bathroom for male students was still considered a single-sex facility. OCR concluded that forcing female students to seek a single-sex bathroom on a different floor placed a burden on them that denied “their right to equal educational facilities and opportunities.”

OCR added that DPS attempted to balance its treatment of students by also designating the boys’ bathroom on that floor as an all-gender facility, but the office noted that “this does not remedy its violation of Title IX because males are still allowed to invade sensitive female-only facilities.”

Furthermore, female students expressed concerns about sharing a bathroom with male students, with one student reporting that her friend experienced boys “staring at her, looking her up and down, kind of taunting her.” Another student shared that she felt “very uncomfortable” with the situation and stated that the privacy and rights of female students had been taken away. Many students and their parents worried about sexual assault and privacy violations. Concerns were also raised about male teachers entering the restroom “to check on things” instead of female teachers.

Acting Assistant Secretary for Civil Rights Craig Trainor stated in the release that DPS created “a hostile environment for its students by endangering their safety, privacy, and dignity while denying them access to equal educational activities and opportunities.”

“Denver is free to endorse a self-defeating gender ideology, but it is not free to accept federal taxpayer funds and harm its students in violation of Title IX,” he stated. “The Trump Administration will work relentlessly to hold accountable school districts that harbor the ideological fanatics and policies that sully students’ educational experience with sex discrimination.”

To resolve the Title IX violations, OCR requires that DPS convert gender-neutral bathrooms back into sex-segregated spaces and rescind policies that allow students to use facilities that correspond with their gender identities instead of actual sex. OCR also orders DPS to issue a memorandum to schools within the district reiterating that schools must comply with Title IX to protect the safety of its students and prevent discrimination against female students. Finally, OCR requires that the school district adopt “biology-based definitions for the words ‘male’ and ‘female’ in all policies and practices related to Title IX.” 

According to the release, DPS has 10 days to comply with the four terms of the resolution, or it risks imminent enforcement action.

DPS Superintendent Alex Marrero issued a statement Aug. 29, responding to the investigation by saying that the Trump administration is pushing an “anti-trans agenda through the weaponization of Title IX.” He also claimed that all-gender bathrooms do not violate Title IX and accused OCR of ignoring DPS’ “requests for conversation, clarification, mediation, and discussion of remedies” as the investigation proceeded.

In a LinkedIn post, he added that DPS will fight OCR in court or in the public square if necessary.