Investigation determines administration handled RMS bathroom incident legally

ROCHESTER — The Old Rochester Regional School District announced Friday, Aug. 21 that an investigation found the school did not violate a student’s federal Title IX rights in connection with an incident at Rochester Memorial School. 

In a message to parents, Superintendent Michael Nelson said an independent decision maker was hired following a Title IX investigation and found the school’s staff and district’s administration acted in compliance with the law. 

Luis Rivera filed a complaint under the federal Title IX statute against the Old Rochester Regional School District in May, claiming his daughter was the victim of sexual harassment after another student pushed open the door to her bathroom stall. 

Since then, Rivera has been vocal about his frustration over how the district handled the incident. Because the student who reportedly opened the door on his daughter is a transgender girl, Rivera has asked the district to restrict bathroom use to only allow students who were born female to use the girls’ bathroom. 

Rivera's attorney Sam Whiting said his client was dissapointed by the outcome of the investigation, but said he is continueing with a complaint previously filed with the U.S. Department of Education's Office for Civil Rights. 

"This case is really not about another child, it's it's about the school's policies,"  Whiting said. "We want to make sure that the school is in compliance with federal law, and so our our course of action now is to try to get the federal government to take up this case and investigate the school district for having policies that violate federal law."

The district has pointed to Massachusetts laws prohibiting discrimination based on gender identity among other protected identities, and state education department policy requiring schools provide transgender students access to the bathroom that aligns with their gender identity.

“Let us not forget that the matter in question involves two 9-year-old children,” Nelson wrote. “We believe that we are bound by law and state education policy and that age-appropriate handling of student matters in a public school setting is best left to the professional educators who know how to do their jobs correctly and effectively.”

He also shared a letter from the state’s attorney general, which states “permitting a student to access the restroom in accordance with that student’s gender identity is required under Massachusetts law and consistent with current federal law, which is interpreted by the courts and not the federal administration’s policy preferences.”

The Massachusetts Association of School Superintendents and Massachusetts Association of School Committees also released a joint statement supporting Nelson and the School Committee. The statement said they have "operated and continue to operate in full compliance” with state law and policy. 

In his statement, Nelson said school staff and administrators have received “explicit, angry, and threatening communications” directly and through social media. While the district believed most communications were from people who aren’t associated with Marion, Mattapoisett, Rochester or nearby communities, there will be increased police presence throughout the district.