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Male HS student, 18, who identifies as 'trans' got naked in girls' locker room shower in front of 4 freshman females, law firm says
Photo by Anne Cusack/Los Angeles Times via Getty Images

Male HS student, 18, who identifies as 'trans' got naked in girls' locker room shower in front of 4 freshman females, law firm says

An 18-year-old male high school student who identifies as "trans" got naked last month in the girls' locker room shower at the school while four freshman girls were in the shower as well, a law firm has claimed.

The Wisconsin Institute for Law & Liberty penned a Wednesday complaint letter to the Sun Prairie Area School District Board of Education, also in Wisconsin, describing the alleged March 3 incident and accusing the district of a "completely inadequate" response.

The law firm also said the privacy rights of the four girls were violated last month in the girls' locker room at Sun Prairie East High School.

What does the letter say?

The letter states that the four girls after a swim class entered the girls’ athletic locker room to shower and change for class — and noticed a senior male student in the locker room, too. The firm added that "it is our understanding this male was 18 years old at the time of the incident."

"While the girls were surprised to see him in the locker room, they had a general idea that this student identifies as transgender and has used girls’ bathrooms before," the letter adds. "While they were uncomfortable, they proceeded to the shower area without interacting with the student."

The letter continues, saying the girls "entered the shower area with their swimsuits on, which was their common practice as they rinsed off. As they began to shower, the male student approached them, entered the shower area, announced 'I’m trans, by the way,' and then undressed fully and showered completely naked right next to one of the girls. He was initially turned towards the wall but eventually turned and fully exposed his male genitalia to the four girls."

The firm noted in the letter that the girls "were caught off guard and shocked, closed their eyes, and tried to hurry up and leave the showers as quickly as possible."

The girls did not immediately report this incident, the letter adds, but another student not involved in the incident suggested they report it as soon as possible — and then that student did report it to student services March 6 without naming the girls.

On March 10 the uninvolved student attended a meeting and was ready to provide the girls’ names but was told they could approach an administrator if they wanted, the letter continues.

"Under federal law, the incident should have been reported to the Title IX coordinator, who should have then contacted the girls, offered supportive measures, and provided them an opportunity to file a complaint," the letter also states. "Supportive measures might have included accommodations to maintain their access to education and adequate privacy in the locker room at least while a Title IX investigation was pending. No one from the District contacted any of the girls’ parents at that time, and no one investigated. To be clear, that means that the District’s initial response to this incident violated Title IX."

The letter adds that "a mother of one of the freshman girls subsequently learned from her daughter about what happened. At that time, her daughter assumed her name had been given to school staff and that the school would be following up with her." The mother on March 16 emailed the school's principal and the copied the district superintendent, asking what was being done, the letter also says.

"The principal called and apologized, but then obliquely reported that District policies address this situation and that she would have to speak with District staff who knew the details," the letter notes. "No 'policy' was identified, and no Title IX rights were mentioned."

The letter adds numerous additional claims of subpar responses from school officials, including an April 10 apology email from the principal to a parent in regard to "the incident that occurred” and that “should not have happened.” Fox News Digital said it saw the aforementioned email.

The principal wrote that “we will continue to work to ensure no one has a similar experience,” the letter states. However, the letter also claims the principal "did not articulate any steps the school or District is taking to ensure the privacy and safety of students. Apologizing does not satisfy your District’s Title IX obligations. Overall, the District entirely dismissed the rights and concerns of the freshmen girls involved."

The district did provide locker room guidance on the matter that reads: "A student who is transgender, nonbinary, or gender expansive will be permitted to access the men's/women's segregated restrooms in accordance with the student’s gender identity that the student regularly asserts at school and in other social environments. Any student who has a need or desire for increased privacy, regardless of the underlying reason, may be provided with access to a single-access restroom where such a facility is reasonably available, but no student shall be required to use such a restroom because of the student's transgender, nonbinary, or gender expansive status."

But the complaint letter argues that "it is quite telling that, according to the guidance document, if biological girls desire more privacy, it is the girls who must leave and use a separate bathroom or locker room. This is precisely backwards."

The letter also asserts that "the District acted (or failed to act) in a manner so that only the transgender student’s interests were prioritized. This is a violation of law."

In the end, the letter told school officials "we are calling on you to address this immediately and put policies in place that will protect the safety and privacy of all students (and provide public notice of what those policies are)."

What did the school district have to say?

An attorney who represents the school district told Fox News Digital that the district had read the law firm's letter but said the letter "provides neither an accurate nor complete account of the events that occurred."

"Further, the incident that is the subject of WILL’s letter is a confidential, pupil matter, and the District is prohibited by law including the Wisconsin pupil records statute, Wis. Stat. 118.125, from disclosing any information about specific pupils in the District," the attorney who represents the district added to Fox News. "The District has addressed the events that are the subject of WILL’s letter in a manner that should prevent any similar incident from recurring in the future. Further, the District has shared additional information with the parents involved."

The attorney further added to Fox News that "the District cannot answer your question of why the parents allegedly claim that District’s actions have been inadequate, and frankly we are not certain that statement is accurate. The District has shared as much information as it can with the involved parents without violating student confidentiality laws, and the District has offered to schedule additional meetings with those parents to address any remaining concerns."

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