This week, the Office for Civil Rights (OCR) initiated a Title IX investigation into Denver Public Schools for its conversion of an all-girls restroom to a multi-stall gender-neutral restroom. Historically, an OCR investigation is usually triggered by an individual filing a complaint directly with OCR. This announcement, however, signals that OCR may be moving towards initiating investigations on its own accord. As noted in the letter that OCR sent to Denver Public Schools, the information that prompted OCR to launch this investigation was “recent local reporting,” with a citation to a local news article.

In the school at issue, one floor of the high school previously had both a girls’ restroom and a boys’ restroom. The girls’ restroom was recently converted into a gender-neutral restroom. OCR alleges that because the boys have a single-sex bathroom available to them on that floor of the school but the girls now do not, this change “denied female students a restroom comparable with their male counterparts.”

In the press release concerning its investigation, Acting Assistant Secretary for Civil Rights, Craig Trainor, emphasized the proactive approach that OCR intends to take under the new administration:

“Let me be clear: it is a new day in America, and under President Trump, OCR will not tolerate discrimination of any kind. I have directed OCR’s Denver regional office to investigate this matter fully.”

Denver Public Schools’ response to this notice of investigation included the following statement:

“The all-gender lavatory has stalls that are designed for privacy, with 12-foot-tall partitions to ensure the comfort and security of all students who elect to use them. This restroom serves all students, including those who may feel uncomfortable in gender-specific facilities and aligns with our values of supporting every student. The faculty of East High School has developed a plan to supervise and monitor this lavatory, just as they do with all others. Currently, East High School has designated restrooms for male and female students in addition to the all-gender lavatory.”

The transition to a new administration this month has brought a host of rapid changes in education-related law and compliance. We at ICS encourage you to stay in close contact with your school or institution’s legal counsel. If we can be of assistance with your Title IX compliance needs, please do not hesitate to contact us.