Bathroom controversy draws crowd at Rochester School Committee

ROCHESTER — Parents and residents packed the Rochester School Committee’s Wednesday, June 3 meeting to discuss how the administration has handled complaints about a 9-year-old transgender student allegedly pushing into a classmate’s bathroom stall. 

The crowd was split between those who supported the school and its handling of the incident, and those who questioned current policy and actions. 

Luis Rivera, who reports his daughter’s privacy was invaded when another student opened the door on her while she used the bathroom, was among the evening’s large crowd. He has filed a Title IX complaint against the school, claiming his daughter is the victim of sexual harassment. 

At a previous School Committee meeting, he spoke during public comment and asked the school to change its bathroom policy and inform parents transgender students are allowed to use the bathroom that best matches their gender identity. 

At the Wednesday evening meeting, he again asked the committee to take disciplinary action and discuss policy changes.

“What disappoints me the most is that we have to miss the opportunities for meaningful dialog. This matter was not placed on the agenda, and as a result, we have not had a public discussion this community deserves,” he said.

Amidst calls for punitive measures against the other student involved in the incident, it remains illegal under federal Family Educational Rights and Privacy law for administrators to disclose how minors are disciplined. The district has previously stated it will continue to abide by Department of Elementary and Secondary Education policy regarding bathroom use and state nondiscrimination laws. 

Other attendees supported Rivera’s request for change at the school.

Stacey Shriver said the incident made some community members lose trust in the district while Don Spurlett asked the committee to “please fix this.” Jess Riley said she was “outraged” at how the district has handled Rivera’s complaint.

Many other attendees supported the district’s response and called for support of gender-nonconforming students. 

Michael Kovacevich, a school guidance counselor, said only one side of the story has been shared and said “context matters.” Isabel Gomes-McCann pushed back on Rivera’s statement that the trans student’s identity is irrelevant, because “the Title Nine complaint starts with identity, so you can't tell me that this is not about identity.”

Alia Cusolito said for all the discussion about privacy concerns, the gender identity of the student accused of barging into the stall has been kept anything but private. 

“I find it most important that all children can go about their day without the topic of what's in their pants ever coming up,” they said. 

“I find it upsetting that we're even discussing this private incident so publicly,” they added. “I know how exhausting and frustrating it is to not know what disciplinary measures have been taken, but this isn't something that can be shared.”