Case: Department of Education investigation of Downey Unified School District

12-01095 | No Court

Filed Date: 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

In November 2011, a transgender middle school student filed a complaint with the U.S. Department of Education Office of Civil Rights against Downey Unified School District. The complainant, who was assigned male at birth, but identified as female, sought to be treated as a girl for the rest of middle school and throughout high school, claiming that the treatment she had received in elementary school violated Title IX. Specifically, the plaintiff claimed that in elementary school, makeup was con…

In November 2011, a transgender middle school student filed a complaint with the U.S. Department of Education Office of Civil Rights against Downey Unified School District. The complainant, who was assigned male at birth, but identified as female, sought to be treated as a girl for the rest of middle school and throughout high school, claiming that the treatment she had received in elementary school violated Title IX. Specifically, the plaintiff claimed that in elementary school, makeup was confiscated from her and she was forced to write her male classmates an apology letter. She was excluded from group counselling sessions because the elementary school did not want her to discuss her gender identity with other students. She was harassed by other students, who were not disciplined for that harassment. When she transitioned to presenting as a girl, some school staff were unsupportive and refused to call her by her female name. The complainant went to a different middle school, where the administration was supportive but she was still harassed by other students.

On October 8, 2014, the school district signed an agreement with OCR. In addition to ensuring that the complainant is treated the same as other girls, the district agreed to train school staff on issues pertaining to gender identity, incorporate age-appropriate material on gender identity into the school curriculum, review its sexual harassment and disciplinary policies to ensure that they are gender neutral, administer climate surveys to all middle and high school students on the effectiveness of the school's bullying prevention measures, and hire a consultant to oversee the implementation of the agreement.

On October 14, 2014, OCR released a letter of findings reaffirming that, in accordance with Title IX, the complainant must be treated like a girl through the rest of middle and high school, including using girls' restrooms and locker rooms and being allowed to play on girls' athletic teams.

Summary Authors

Katherine Reineck (11/15/2015)

People


Attorney for Plaintiff

Fox-Davis, Kendra (California)

Guinto, Gloria (California)

Zeidman, Arthur (California)

Attorney for Defendant

Mahan-Lamb, Nancy Ann (California)

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Documents in the Clearinghouse

Document

12-01095

Resolution Agreement

Oct. 8, 2014

Oct. 8, 2014

Settlement Agreement

12-01095

Letter of Findings

Oct. 14, 2014

Oct. 14, 2014

Findings Letter/Report

Docket

Last updated Aug. 30, 2023, 2:45 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Education Office of Civil Rights, on behalf of a transgender middle school student who wanted to be treated as a girl by her school district through the rest of middle school and high school

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Downey Unified School District (Downey), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2014 - None

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Recordkeeping

Monitoring

Issues

General:

Assault/abuse by residents/inmates/students

Failure to discipline

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Sex discrimination

Affected Sex or Gender:

Female

Type of Facility:

Government-run