Students Accused Of Using Wrong Pronouns Subject Of Title IX Complaint

KIEL, WI — Three eighth graders in Wisconsin have been named in a Title IX sexual harassment complaint, which alleges the boys used incorrect pronouns when referring to a fellow student.

Attorneys representing the three children argue that misusing pronouns does not constitute sexual harassment under Title IX and that the complaint violates the boys’ First Amendment rights and should be dismissed.

The incident occurred in a music classroom at Kiel Middle School and involved a student whose preferred pronouns are “they” and “them,” according to documents from the Kiel Area School District that were published by the Wisconsin Institute for Law & Liberty, which is representing the boys.

“Sexual harassment, that’s rape, that’s incest, that’s inappropriate touching,” Rose Rabidoux, the mother of one of the boys, told WEAU 13 NEWS. “What did my son do? He’s a little boy. He told me that he was being charged with sexual harassment for not using the right pronouns.”

In a letter to school officials, the boys’ attorneys discussed a statement provided by a music teacher in connection with the complaint.

“At most, the statement describes a few isolated incidents of teasing and arguments between the 8th-grade students in question,” said the letter, dated Thursday. “But none of this warrants accusations of sexual harassment and the serious reputational harm that comes with it.”

The district also failed to give the boys detailed notice of the allegations, according to the letter. Another student recently received an in-school suspension for misuse of pronouns, the letter said.

“All of this leaves the impression that the District is weaponizing its Title IX process to strong-arm minor students into compliance with its preferred mode of speech,” said the letter, which requested a response from school officials by Friday.

The district did not respond to a request for comment from Patch, but it provided the following statement from Superintendent Brad Ebert to WEAU 13 News:

“The KASD prohibits all forms of bullying and harassment in accordance with all laws, including Title IX, and will continue to support ALL students regardless of race, color, religion, national origin, ancestry, creed, pregnancy, marital status, parental status, sexual orientation, sex (including transgender status, change of sex or gender identity), or physical, mental, emotional or learning disability ('Protected Classes') in any of its student programs and activities; this is consistent with school board policy. We do not comment on any student matters.”

If the boys’ records aren’t cleared, they will likely pursue legal action, their attorney told WEAU 13 News.