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TITLE IX DEVELOPM
and the
Transgender Locker Room Policy Eludes
District Facing Title IX Sanctions
By Michelle E Phillips, Bethany Swa-
ton Wagner and Gregg E Clifton, of
Jackson Lewis, PC
n Illinois school district has violated
nti-discrimination laws by not al-
lowing a transgender student who identi-
fies as female and is on her high school's
girls' sports team to change and shower in
the girls' locker room, the United States
Department of Education Office of Civil
Rights (OCR) has held.
The OCR released its findings on
November 2, 2015, after completing an
extensive investigation of a complaint for
unlawful discrimination under Title IX of
the Education Amendments of 1972 filed
by a transgender female high school student
against the Township High School District
211 in Palatine, Illinois. Title IX prohibits
discrimination on the basis of sex in any
federally funded education program or
activity. An entity in violation of Title IX
may lose some or all of its Title IX funding.
Schools districts, colleges, and pri-
vate employers are increasingly at risk of
transgender discrimination charges or
complaints under laws enforced by the
OCR, the Equal Employment Opportunity
Commission, the Department of Labor,
the Department of Justice, and the Occu-
pational Safety and HealthAdministration
as these agencies develop their policies on
transgender issues.
The EEOC, the DOL, and the DOJ
have interpretedTitle VII ofthe Civil Right
Act's prohibitions on sex discrimination to
bar employment discrimination based on
See Transgender on Page 7
Student Seeks Relief for Racial and Sex
Discrimination against Notre Dame and
Former Employee
By Ellen J. Staurowsky, Ed.D., Pro-
fessor, Sport Management, Drexel
University
n John Doe v. University ofNotre Dame
du Lac and Jane Roefiled on October
30,2015, an anonymous African-American
male student accused a white female ad-
ministrator and academic coach ofcoercing
him into engaging in a sexual relationship
with the woman's daughter and facilitating
sexual encounters between her daughter
and members of the football and basketball
teams. In an October 16th letter regarding
the student's allegations, Karrah Miller,
who serves as the director for the Office of
Institutional Equity andTitle IX coordina-
tor at Notre Dame, reported that based on
an internal case analysis, The University
has concluded that [Academic Coach's]
behavior violated the University's values
See Student Seeks on Page 5
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