A Saskatchewan school division is facing renewed legal pressure to clarify its washroom policy after several female students said they felt unsafe sharing a girls’ multi-stall washroom with a transgender student.The Justice Centre for Constitutional Freedoms (JCCF) said the South East Cornerstone Public School Division has responded to a legal warning letter but has not confirmed whether access to male and female multi-stall washrooms at Lampman School is determined by biological sex or gender identity.The dispute began during the previous school year after a 17-year-old transgender student, who is biologically male, was permitted to use the girls’ multi-stall washroom at Lampman School, according to the JCCF.The Justice Centre said a single-stall washroom was also available.Several female students subsequently reported feeling uncomfortable or unsafe using the girls’ washroom. According to the JCCF, some students began leaving school property to use washrooms at nearby businesses.“I feel scared that [name omitted] is in there and could try looking over the stalls,” a 13-year-old student wrote in a statement provided to the school division. “This has now caused me trauma and [I] have lost trust in my school.”A 16-year-old student wrote that “all students deserve to feel secure when using bathrooms and other shared spaces, without fear of being watched or threatened.”Constitutional lawyer Allison Pejovic, whose representation of Lampman mother Tawney Johnson is funded by the JCCF, first contacted the division about the issue in May.The school division responded June 15, saying privacy obligations prevented officials from discussing circumstances involving an identifiable student.It also said Lampman School had added three single-stall, gender-neutral washrooms, bringing the total number to four..Pejovic wrote again June 22, saying the response did not answer whether access to male and female multi-stall washrooms would be determined by biological sex or gender identity.She also asked what measures would be taken to address the female students’ privacy and safety concerns if transgender students who are biologically male continued to use the girls’ multi-stall washroom.After receiving no response to those questions for more than two months, Pejovic sent another letter Aug. 28 requesting an immediate answer as the new school year approached.The division replied Sept. 8 that student access to washrooms is handled on a case-by-case basis in accordance with human rights and privacy considerations.It said its schools provide male, female and gender-neutral washrooms and that single-stall, gender-neutral facilities are available to any student.However, according to the JCCF, the division did not say whether access to sex-specific multi-stall washrooms is determined by biological sex or gender identity.The Justice Centre also said the response did not identify specific measures the division would take to address the concerns raised by the female students.“Female high school students should not feel so unsafe using the girls’ washroom in their school that they choose to leave the safety of school property during the day to use the washroom at nearby businesses,” Pejovic said.JCCF-funded lawyers said they are continuing to seek clarification from the division about its policies and how it intends to address privacy, dignity and safety concerns at Lampman School.
