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Law firm files request for federal probe into high school shower incident

(The Center Square) – A Wisconsin school district is accused of stonewalling parents and a nonprofit conservative law firm that wants information on a matter heavily in dispute.

The Wisconsin Institute for Law and Liberty says that in March, an 18-year-old transgender student exposed himself in a shower where four 14-year-old girls were present and clothed in their suits after swim practice. The institute this week filed a Title IX complaint over the incident.

While acknowledging an incident occurred, the Sun Prairie Area School District says the way it has been portrayed by WILL is incomplete and inaccurate, according to published reports. The district says student privacy laws prevent sharing more information, and what did happen has been addressed.

The Institute has filed a complaint with the U.S. Department of Education Office of Civil Rights, asking for a federal investigation.

The Institute says the school district has not responded to its request for more information and referred it to a statement on its website.

The Center Square, via email to Superintendent Brad Saron of Sun Prairie Area School District and Board of Education President Diana McFarland, reached out to the district. The questions included whether the district would be or is cooperating with a federal probe; if parents involved are satisfied with the district’s response or asking for more action; and if this will be discussed at the school board meeting June 26.

Lori Lubinsky, of Axley Attorneys in Madison, responded by email on the district’s behalf writing, “The District has no comment on the WILL complaint filed with the Department of Education, Office of Civil Rights.”

The school district said on a website dedicated to responding to questions about the shower incident, “The Sun Prairie Area School District does not condone any student of one sex being present in a state of undress in the presence of students of another sex. The District does not condone a student of one sex showering in the presence of students of another sex. What happened in this incident was not in line with our District’s practices.”

In a statement from an associate counsel for WILL, Cory Brewer said, “Parents and students should feel safe and have peace of mind when kids go back to school this fall. But, the Sun Prairie Area School District has frankly been dismissive in how it has handled the alleged sexual harassment towards these four freshman girls. The Department of Education Office of Civil Rights should promptly investigate the allegations made in this complaint, then act swiftly to remedy unlawful policies and practices.”

Dan Lennington, deputy counsel for WILL, said it is important for the federal government to investigate not just for Sun Prairie parents, but for parents in other school districts across the country.

“These troubling events are occurring across the country, and by no means what happened in Wisconsin is an isolated incident,” Lennington said. “It’s imperative that the Biden administration responds to our complaint – while sending a clear message that common sense and the rule of law will prevail in schools across America.”

The law firm accuses the school district of failing to protect students, retaliating against parents who questioned the district’s response to the shower incident, and racially discriminating against students with its yearly Black Excellence Achievement Makers awards, racially segregated field trips, racially discriminatory assignments and district boundaries.

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