VCSC addresses complicated locker room issue

Oct. 26—The Vigo County School Corp. has accommodated a middle school teacher's request that he not be required to supervise a boys locker room while that locker room is in use by a transgender student.

Liberty Counsel, a faith-based law firm affiliated with Liberty University, wrote a letter Aug. 17 on the physical education teacher's behalf requesting "reasonable accommodation" from supervising a boys locker room while it was also being used by the transgender student.

The legal firm's letter outlined how supervising a transgender student in a boys' locker room would violate the teacher's religious beliefs; the teacher also had concerns about the rights of the boys and their parents.

The veteran teacher, contacted by the Tribune-Star Thursday, stated, "The facts are what the Liberty Counsel documentation show."

He added, "I do not wish any child any harm."

The teacher said he is grateful to the school district for its accommodations.

"When decisions like this are made by parents or whoever in the community, and it spills into school, it doesn't happen in a vacuum. There are other kids who are affected," the teacher said. "There are adults who are affected, especially in a sensitive issue like this."

According to Katie Shane, VCSC chief communications officer, "In August, we were made aware of these concerns, which were addressed. Further comment would jeopardize the privacy of both the employee and the student."

Liberty Counsel sent a followup letter to the district Sept. 8, in which it thanked the district for providing the requested accommodation.

While VCSC stated the teacher did receive assistance and it had already accommodated the teacher's request before receiving Liberty Counsel's letter, the law firm countered that the district did not offer any accommodation until after Liberty Counsel sent its letter.

"The fact that assistance in performing duties may be available was beside the point; the district demanded that the teacher personally supervise and observe the locker room and offered no other person to take his place, until receiving a letter" from the law firm, according to Liberty Counsel.

While the school district accommodated the teacher's first concern, it had not yet accommodated the teacher's other two religious concerns, according to a law firm news release.

In its Sept. 8 follow-up letter, the firm asked how the district will accommodate the teacher's concerns "to protect the [other or classmate] boys' privacy and avoid omitting the truth from them and their parents."

According to Shane, "It is the duty of the VCSC to protect the privacy of each student. Revealing such information would violate The Family Educational Rights and Privacy Act."

In its Aug. 17 letter, Liberty Counsel cited some of the teacher's concerns, including the safety and privacy of the transgender student as well as the safety and privacy of the other students in the locker room.

In an email, the teacher asked for the district's help "to find a solution that honors everyone's beliefs, including mine."

The teacher noted that "boys are very 'hands on' in a locker room setting and by its nature, it can be a boisterous environment. He queried what would happen if or when this [transgender] student is inappropriately touched by a boy who doesn't know" the student is transgender.

The teacher also raised concerns about being jeopardized professionally "because he did not know what the expectations were and the possibilities of something going wrong seemed infinite," Liberty Counsel wrote Aug. 17.

The teacher expressed a lack of confidence that if something went wrong, he would be supported by central administration, as he was not supported in the past with another social issue, the letter said.

Shane also provided the following statement:

"We continue to focus on creating healthy and safe learning environments, which includes improving our facilities. We are committed to engaging each learner in meaningful educational activities and remain committed to finding ways to support each student in all situations they might encounter."

On its website, Liberty Counsel describes itself as a Christian ministry.

According to Ballotpedia, Liberty Counsel's "most prominent work has been in advocating against same-sex marriage and for clients who allege religious freedom violations."

Sue Loughlin can be reached at 812-231-4235 or at sue.loughlin@tribstar.com Follow Sue on Twitter @TribStarSue