School District Sues Three Middle School Students For Allegedly Using Wrong Pronouns


Chrissy Clark Contributor
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Three eighth-graders are being charged with sexual harassment by a Wisconsin school district for not using the preferred pronouns of a peer, according to a report from a local news outlet.

The Kiel Area School District (KASD) filed a Title IX complaint against three middle schoolers, according a Friday report from WLUK News. The district claims that its policies prohibit “all forms of bullying and harassment in accordance with all laws, including Title IX.”

According to the Wisconsin Institute for Law and Liberty (WILL) — the organization representing the three students — the students are accused of using the biological pronouns of a student who uses “they/them” pronouns. WILL argues that this is “speech protected by the First Amendment” and urged the district to drop the complaint.

Rosemary Rabidoux, whose 13-year-old son is accused of using a peer’s incorrect pronouns, told FOX 11 that she was forewarned that her son was being charged with “sexual harrassment.”

“I received a phone call from the principal over at the elementary school, forewarning me; letting me know that I was going to be receiving an email with sexual harassment allegations against my son,” Rabidoux said. “I immediately went into shock. I’m thinking sexual harassment? That’s rape, that’s inappropriate touching, that’s incest. What has my son done?”

Rabidoux disputes the claim and thought someone was playing a joke on her when she uncovered that her son was accused of not using proper pronouns.

“I thought it wasn’t real. I thought this has got to be a gag, a joke — one has nothing to do with the other,” the mother said.

In a letter to the district, WILL argued that using biologically correct pronouns is not a violation of sexual harassment under Title IX or the district’s policy.

“‘Mispronouning’ is also not sexual harassment under Title IX because gender identity is not included within the definition of sex within Title IX,” the letter reads. “In fact, the Department of Education is currently attempting to amend Title IX to add it.” (RELATED: Fairfax County Public Schools May Suspend Students Who ‘Misgender’ Peers, Engage In ‘Hate Speech’)

“None of this warrants accusations of sexual harassment and the serious reputational harm that comes with it,” the letter continues.

WILL Deputy Counsel Luke Berg said that school administrators cannot compel the speech of minors.

“School administrators can’t force minor students to comply with their preferred mode of speaking,” Berg said. “And they certainly shouldn’t be slapping eighth graders with Title IX investigation for what amounts to protected speech. This is a terrible precedent to set, with enormous ramifications.”

The Kiel Area School District did not respond to the Daily Caller’s request for comment.