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U.S. Department of Education Initiates Title IX Investigation into New Hampshire School District Over Alleged Use of Girls-Only Spaces by Biological Men

 Today, the U.S. Department of Education’s Office for Civil Rights (OCR) opened a complaint into the Contoocook Valley School District (the District) in Peterborough, New Hampshire based on reports that the District is allowing biological men to use girls’ restrooms and locker rooms. OCR will determine whether the District violated Title IX of the Education Amendments of 1972 (Title IX) by allowing students to access intimate facilities based on “gender identity,” not biological sex.  

The District allegedly violates federal law by applying state law and district policy to allow boys in girls-only spaces, despite complaints from female students about the privacy and safety issues that their presence presents. It is alleged that discrimination based on sex is also notably absent from Contoocook Valley High School’s non-discrimination policy, with the clause only explicitly promising “a learning environment that is free from discrimination based on race, religion, disability, gender identity, or relationship preference.” 

“Young women should never feel unsafe or uncomfortable in their intimate spaces because their school leaders care more about gender ideology than protecting girls’ dignity and privacy,” said Assistant Secretary for Civil Rights Kimberly Richey. “Placing the burden on girls to move out of their own intimate spaces when there is a male present is not just absurd, it also discriminates against girls. The Trump Administration will always stand up for these students, investigate disturbing complaints such as this fully, and enforce Title IX to ensure that women and girls are safe when they are at school.” 

Background 

Title IX prohibits discrimination on the basis of sex in any program or activity receiving federal financial assistance.

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