GAVIN GRIMM VS.

GLOUCESTER COUNTY
SCHOOL BOARD
A CASE CONCERNING A SCHOOL BOARD POLICY THAT WOULD
SEGREGATE TRANSGENDER STUDENTS FROM THEIR PEERS.

KARA PAULSON – EDL 276

WHAT DOES THIS CASE ATTEMPT TO ANSWER?
“Aimed at granting all its people the right to American
citizenship irrespective of their ethnic differences.”
– historyplex.com
Knowing the Fourteenth
Amendment and Title IX of the U.S.
Education Amendments of 1972 (a
federal law prohibiting sex
discrimination by schools), is the
Gloucester County School Board
bathroom policy unconstitutional
and violate Gavin’s rights under the
law?
THE FACTS:
• Gavin Grimm, a sophomore at Gloucester High School, was being medically treated for gender dysphoria and
notified school administrators so that he would be able to transition socially.

• School Administration gave permission for Gavin to use the public male restrooms until a complaint from
parents and students created a response from the school board adopting a new policy in December 2014 where
transgender students are excluded from using public restrooms and would need to use an alternative facility.

• Gavin sought preliminary and permanent injunction to use the boys

restroom in June 2015 alleging that the school board made the
policy after he was granted permission and had used the male
restroom without incident in the given time.

• He alleged the new policy, which stated students should use the
facilities based on “biological gender” and that students unable to
use the corresponding restroom due to “identity issues”
(transgender students) would have to use a more private,
alternative restroom, was unconstitutional and violated his rights
under Title IX.

Follow the case: https://www.aclu.org/cases/gg-v-gloucester-county-school-board

AS OF JUNE 21, 2019:
• Due to the US District Court of the Eastern District of Virginia believing that Title IX and the US Constitution
protects the rights of transgender students, the school board’s motion to dismiss the case of GG vs. Gloucester
County School board has been denied.

• The court stated that transgender students should not be excluded from using facilities to which they identify.

• An upcoming court date is set for a settlement hearing.

"I feel an incredible sense of relief," said our

client Gavin Grimm. "After fighting this policy
since I was 15 years old, I finally have a court
decision saying that what the Gloucester
County School Board did to me was wrong and
it was against the law. I was determined not to
give up because I didn’t want any other
student to have to suffer the same experience
that I had to go through."
Photo & quote from: https://acluva.org/en/press-releases/us-district-court-rules-trans-activist-gavin-grimm-suit-against-gloucester-school
 IMPLICATIONS FOR SCHOOL LEADERS:
• When educating the whole child, we have to really consider implication beyond academics and realize the
implications to the child’s social and emotional health as well.

• Discriminatory practices (although usually unintentional) harm students by humiliating them through exclusion.

• As leaders we must create a culture and climate where ALL students feel
welcome, accepted, and respected. Therefore we need to be able to teach
to and maintain a climate within our system that is culturally inclusive and
willing to break down barriers. This would actually not only apply to learning
environments, but our everyday life and community interactions.