The “Correct” Restroom

A transgender high school student in South Carolina was on his way to the bathroom. According to CNN, a teacher was following him to make sure he entered into the “right” bathroom. The teacher suggested he use the closet bathroom but he refused, saying it was dirty.

To the student, the right bathroom is the boys’ bathroom, which he has been using since seventh grade without an incident. In middle school when he was transitioning, female students would complain about a boy being in the girls’ restroom. He and his family met the school administrators and agreed that he should use the boys’ restroom, as it was the most comfortable option for everyone (WMBF News).

In high school, administrators told him to use the girls’ bathroom. They even allowed him to use the nurse’s bathroom (CNN). The student’s mother told WMBF News that most people don’t even know he is transgender and just consider him a boy. “If he started using the girl’s bathroom in 12th grade, it’s going to create a problem,” she said. “I felt like that would be dangerous.”

When he exited the restroom that day, the teacher didn’t tell him anything, but he knew he was in trouble by the look on the teacher’s face. The next day he was called to the vice principal’s office. He was suspended for one day for using the boys’ restroom. He told CNN that “[he] started having a panic attack. Teachers should never be following students to the bathroom unless they reek of cigarette smoke or alcohol.”

He wished to be identified as “R” as he did not want to be publicly identified as transgender (CNN).  He just wants to spend his life in the skin he feels is comfortable. Instead of returning back to school with only three months before graduation, he enrolled in online classes because he was afraid of being “exposed.” He has threatened Horry County Schools with legal actions to make sure other transgender students don’t go through the same situation.

After R’s suspension, a representative for the schools told CNN that the district doesn’t have a specific school policy on the restroom use for transgender students. The Transgender Law Center’s law asked the school district to remove the suspension from R’s record. This letter also asks that the district give transgender students access to facilities that match their gender identity. In addition, the letter asks to ensure that the school staff respects all transgender students’ gender identities. If the school doesn’t follow through within a week, center officials might file a complaint or file a lawsuit in federal court (CNN).

With the help of the Department of Education and the Department of Justice, President Obama issued new guidelines for school bathrooms that are supposed to protect the rights of transgender students. Obama told Buzzfeed on Monday: “[Transgender students] are vulnerable, and I think it’s part of our obligation as a society to make sure everybody is treated fairly, and our kids are all loved and protected, and that their dignity is affirmed.” These new guidelines recommend schools to allow transgender students to use the bathroom and locker rooms that correspond to their chosen gender. If this is denied, the sex discrimination law known as Title IX can present a threat of federal enforcement or lack of school funding. These federal guidelines came the same week the Department of Justice and North Carolina exchanged lawsuits about transgender bathroom use. Obama said these rules came in response to all the questions that have been coming in about what’s best for the students. The White House explained how the Obama administration helped make the guidelines and that they reflect the President’s own values (USA Today).

I asked Ms. Vazquez, one of our counselors, a few questions about this topic. I started with asking if she thought teachers or administrators should be allowed to follow transgender students when going to the restroom. Ms. Vazquez believes that they shouldn’t follow them: “When I worked in New York, I had two transgender students. They were allowed to choose the bathroom they felt was most comfortable with their gender identity.” She feels staff members following students is an invasion of a student’s privacy. I went on asking if R should’ve been suspended: “I don’t think they should’ve been suspended, period. It’s ultimately the right of the students in how they want to be identified.” Ms. Vazquez went on saying that this can be discrimination on many levels. The standard in schools shows that the transgender students are not supported. I asked Ms. Vazquez how she felt the new set of guidelines will affect HMSA? She responded with: “This gives the students/staff the understanding that it is now the law, so they need to follow these new set of rules. Also, it’s the right thing to do. The new guidelines are now reinforcing the right thing to do.”