A legal watchdog group is sounding the alarm after an investigation into Ohio’s Kenyon College found the school was violating the privacy rights of students.
The probe by America First Legal (AFL) found that the college was “illegally forcing students” to share bathroom facilities with the opposite sex.
AFL alleges that Kenyon College is violating the state’s recently passed bathroom bill.
The law mandates that restrooms and locker rooms must be categorized by biological sex and not so-called “gender identity.”
On Thursday morning, AFL sent letters to Craig Trainor, the Department of Education’s acting assistant secretary in the Office for Civil Rights, and Ohio Attorney General Dave Yost.
The group is urging the agencies to open an investigation of the college.
“Ohio law is clear: multi-occupancy restrooms must be designated for either men or women,” said AFL legal counsel Will Scolinos.
“Schools of higher education should focus more on educating students rather than re-educating them into radical gender policies that require students, men and women, to share the same restrooms.
“It is not normal.”
In a statement, a spokesperson for the college claimed that “Kenyon fully complies with all state and federal laws.”
The spokesperson continued:
“We are committed to ensuring that women on Kenyon’s campus do not experience discrimination or harassment of any kind, just as we do for all students and the faculty and staff who support them.
“We look forward to working with the Department of Education’s Office of Civil Rights and the Ohio Attorney General to address any concerns they may have.”
Kenyon College is being accused of violating Ohio law by allowing multi-occupancy restrooms in its administrative and academic buildings to avoid sex-based requirements.
The law, which went into effect in February, designates student restrooms, locker rooms, and shower facilities by biological sex.
According to its policy update, Kenyon justifies its administrative multi-occupancy restrooms by stating that the restrooms are “not, and cannot be, designated for use exclusively by students.”
The college argues that students “are permitted to use these restrooms if they choose to do so, but the student restroom requirements outlined above do not apply to these facilities.”
However, AFL notes that Ohio law states that any “restroom… accessible to multiple individuals at the same time” must adhere to sex-based entry restrictions.
The letter points out that other Ohio schools comply by applying these restrictions to all multi-occupancy restrooms.
AFL also asserts that the policy doesn’t align with President Donald Trump’s executive order, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
In its letter to the Department of Education (DOE), AFL states:
“The order establishes that it is the official policy of the United States to recognize two sexes, male and female, defining ‘sex’ as ‘an individual’s immutable biological classification as either male or female [and] is not a synonym for and does not include the concept of ‘gender identity’
“Furthermore, Kenyon’s failure to provide separate restrooms for men and women in academic and administrative buildings appears to violate Title IX.”
The DOE’s Office for Civil Rights is already investigating Denver Public Schools.
The school district is also accused of violating Title IX by installing multi-stall, all-gender restrooms.
In a news release last month, AFL’s Trainor said:
“Let me be clear: it is a new day in America, and under President Trump, OCR will not tolerate discrimination of any kind.”
Kenyon, a private university, encouraged its students affected by the new law to “seek support” from its civil rights office, college chaplains, campus safety, the counseling center, and its Diversity, Equity, and Inclusion (DEI) office.
The DOE is a key battleground in the new administration for overturning Biden-era DEI and woke policies.
Trump has indicated he wants to fully dismantle the DOE, and workforce reductions are already underway at the department.
The Trump admin also launched an investigation into 60 universities due to allegations of anti-Semitism and violence against Jewish students since the October 7, 2023, Hamas terrorist attacks on Israel.
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