Officials in Florida have approved new rules that require college teachers and students to only use bathrooms based on their sex, outlining strict punishments for personnel accused of any violation.
The institutions have to “establish a disciplinary policy” to deal with personnel who violate the rules. “Disciplinary actions may utilize a progressive discipline process that includes verbal warnings, written reprimands, suspension without pay, and termination,” the rules state.
“The disciplinary action taken should be based on the specific circumstances of the offense; however, a second documented offense must result in a termination.”
Institutions are obliged to investigate each complaint regarding violation of the rule, document such violations, and retain the documentation per their retention policies.
Such documentation must include the name of the offender; the name of the person who asked the offender to leave the restroom; and the circumstances surrounding the incident.
“Nothing in this rule prohibits an institution from immediately terminating an employee for such a violation.”
The new rules regarding bathroom restrictions apply to students as well and encompass campuses, centers, special purpose centers, and student housing facilities owned by the institution.
By April 1, the president of each college system institution must submit a “Safety in Private Spaces Act Compliance Certification” form to the education department certifying that they were following the rules.
The bill prohibits people from willfully entering restrooms or changing facilities designated for the opposite sex and considers it an offense if they refuse to depart when asked to do so. It is applicable to all restrooms and changing facilities in K-12 educational institutions, detention facilities, locker rooms, and all public buildings.
Ensuring Student Safety
Lawmakers who support the gender-restricted bathroom rule have argued that the regulations are necessary to ensure the safety of students.However, those who oppose the rule insist that it harms transgender kids and the LGBT community.
“It’s a brand new level of fear and intimidation that ultimately has one goal, and that is to root transgender people out of the Florida College System,” Carlos Guillermo Smith, a former Florida state representative, said about the new rule adopted by the State Board of Education, according to The Hill.
“It is death by a million cuts, where you just created such a toxic and hostile environment for trans people in our state that they no longer are going to want to call Florida home.”
“A woman should not be in a locker room having to worry about someone from the opposite sex being in their locker room,” he said. “We want to make sure that our girls and our women are protected.”
The bill empowers people who believe an institution has failed to implement the rules to submit a complaint to the attorney general, who can bring a civil action and seek injunctive relief. If the institution is found to have “willfully violated” the law, the Attorney General can also impose a fine of up to $10,000.
Pennsylvania Transgender Bathroom Controversy
Florida’s decision to segregate bathrooms by gender comes as a school district in Pennsylvania is embroiled in a controversy triggered by its transgender tennis coach David “Sasha” Yates’ use of bathrooms.Employed part-time in 2018, Mr. Yates began dressing up as a woman and changed his name to Sasha by 2022.
Mr. Yates is alleged to have entered the girls’ bathroom. He is also accused of disrobing in front of the girls’ soccer team in the student locker room, with the daughters of several school board members present during the incident.
Mr. Yates was reprimanded for such incidents, and his continued employment came under question. The board of the Gettysburg Area School District in Pennsylvania, which employed Mr. Yates, was supposed to vote on whether to renew the contract of the transgender coach on Monday.
However, the vote did not take place.
Some people have argued that the board could face lawsuits if they choose not to rehire Mr. Yates.
Michelle Smyers, an elected school board member of the District, has sought the employment records of Mr. Yates. But the board has refused to provide the documents, warning Ms. Smyers that she could be held “personally liable” in a lawsuit brought by Mr. Yates in case she votes for his dismissal.
Advocacy group America First Legal (AFL) has taken up Ms. Smyer’s case, demanding the board release employment records.
AFL stands “shoulder to shoulder with Michele Smyers and any other school board members throughout Pennsylvania and our nation who are willing to fight for transparency and parents’ rights,” Reed D. Rubinstein, a senior counselor at the advocacy, said in an Aug. 21 statement.
“We will fight to protect the rule of law and our children from woke school bureaucrats and their lawyers.”
The assailant is alleged to have approached the girl and became angry when she ignored him, triggering the physical assault. A female student who attempted to intervene is said to have been punched by the transgender student.
