Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 23 of 70 PageID 10701
enrollment documents to determine gender.[1] Id. at Tr. 54–55. However, he agreed that at this point, the School District would have no occasion to question a student who used a restroom consistent with the gender recorded on the student’s enrollment documents. Id. at Tr. 89.
The Nease campus is spread over several buildings. There are four sets of multi-stall, sex-segregated bathrooms available during class time to the school’s 2,450 students. Id. at Tr. 131–32. An additional set is available in the locker rooms for use by students while taking physical education classes. Id. at Tr. 131. Discounting the locker room, there are a total of ten bathroom stalls available in the boys’ restrooms on the Nease campus. Id. at Tr. 133. All of the boys’ restrooms have a set of urinals and stalls with doors. The urinals in the boys’ restrooms are not divided by partitions, although a school official said perhaps they could be. Id. at Tr. 32. The campus additionally has eleven gender-neutral single-stall bathrooms in various locations which are open to any student or staff member. Id. at Tr. 134. A multi-stall boys’ restroom and a multi-stall girls’ restroom are accessible to students in the cafeteria area, but there is not a gender-neutral bathroom in that area and during certain lunch periods, students who wish to use a gender-neutral bathroom
- ↑ The School Board Attorney did not testify as to what a revised practice might be. The retired Director of Student Services testified it would be “totally inappropriate” to conduct physical inspections of students to determine what genitalia they had, and the school would “never” do that. Doc. 161 at Tr. 204.
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