The Wisconsin Institute for Law and Liberty (WILL) is demanding answers and action from Sun Prairie Area School District (SPASD) after an 18-year-old naked student allegedly exposed his male genitalia to four freshman girls in the school shower at Sun Prairie East High School.

According to WILL, “following reports to administration and communications from parents, SPASD administrators failed to comply with basic protections afforded by federal law.” WILL alleges that the Sun Prairie Area School District violated Title IX, failed to follow mandatory reporting laws, failed to adequately inform parents, and did not follow its own locker room policy.

“Four freshman girls at EHS participated in a swim unit as part of their first-hour physical-education class,” WILL said in a statement.  “After the class, the girls entered the shower area in the girls’ locker room with their swimsuits on, which was their common practice as they rinsed off.”

According to WILL, as they began to shower, “a male student, who is 18 years old according to multiple sources, approached them, entered the shower area and announced, ‘I’m trans, by the way.’ The male student then fully undressed and exposed his male genitalia to the four girls in the shower.”

WILL called the incident “a significant allegation involving a violation of girls’ locker room privacy at East High School (EHS),” saying: “The unintended consequences of The Biden Administration’s changes to Title IX are playing out in school districts across the country, including right here in Wisconsin.”

WILL gave the following details:

“In early March, four freshman girls at EHS participated in a swim unit as part of their first-hour physical-education class. After the class, the girls entered the shower area in the girls’ locker room with their swimsuits on, which was their common practice as they rinsed off. As they began to shower, a male student, who is 18 years old according to multiple sources, approached them, entered the shower area and announced, ‘I’m trans, by the way.’ The male student then fully undressed and exposed his male genitalia to the four girls in the shower.

Following reports to the administration and communications from parents, SPASD administrators failed to comply with basic protections afforded by federal law. WILL’s letter provides more details on this incident and SPASD’s inadequate response.

Title IX is a federal law that prohibits discrimination on the basis of sex in education programs and activities. All public and private schools receiving any federal funds must comply with Title IX. Under this law, sex discrimination encompasses sexual harassment, which includes unwelcome conduct so severe that it effectively denies a person equal access to the education program, like the incident that occurred at SPASD. Title IX imposes mandatory duties upon schools like SPASD and grants meaningful rights to the victims of alleged sexual harassment.”

Libby Sobic, WILL Director of Education Policy, stated, “School districts need to think through what loosening boundaries for single-sex spaces could mean for girls. Parents are understandably concerned about whether school districts—like the Sun Prairie Area School District—are doing everything required to protect girls in bathrooms and locker rooms. WILL is calling on the district to act promptly to restore a sense of safety and privacy in its schools.”

Dan Lennington, WILL Deputy Counsel, added, “Public schools have two basic jobs: educate our kids and keep them safe. All too often our schools can’t do either. This is a wakeup call to all parents and taxpayers to become more informed about their local public school district and demand accountability.”

WILL explained that Title IX “requires that all reports regarding student sexual harassment be taken seriously and treated fairly. Under federal law, this incident should have been reported to the Title IX coordinator, who should have reached out to the girls, offered supportive measures, and provided them an opportunity to file a complaint.”

Will continued: “Since the district failed to take these steps, it cannot possibly know whether sexual harassment occurred. This failure violates Title IX. SPASD didn’t even follow its own Locker Room Privacy Policy, and SPASD’s response to the parents involved was inadequate. Moreover, SPASD did not consider its mandatory reporting obligations under state law because this conduct—an adult male exposing his genitals to four freshman girls—could potentially implicate Wisconsin criminal statute, Wis. Stat. § 948.10.”

In its message to the school board, WILL “seeks immediate action to protect all students entrusted to the care of SPASD. Such action would include following
appropriate Title IX processes in the future, offering victims of sexual harassment supportive measures and the opportunity to file a complaint, conducting investigations when required by Title IX, re-training SPASD staff, disciplining staff that failed to protect students’ rights, and adjusting SPASD policies and guidance documents. Finally, WILL is calling on SPASD to adopt and publish Title IX procedures—as is already required—so that all students know what to do when they are confronted with sex discrimination or sexual harassment,” the news release says.

“WILL also filed an open records request, seeking the school’s restroom and locker room
guidance that was in effect on March 3, 2023. WILL is also asking when the locker room
guidance policy was created (before or after the incident) and what additional communications existed between school faculty regarding the matter,” it says.

WILL’s release notes: “Just last year, President Biden honored the 50th Anniversary of Title IX, explaining that the law ‘protect[s] students from sex discrimination, including sex-based harassment and sexual violence.’ President Biden also just declared April 2023 Sexual Assault Awareness Month, specifically ordering the Department of Education to ‘protect students from discrimination based on sex, including sex-based harassment and sexual violence.’”