TOPIC SELECTION AND ETHICAL ANALYSIS 2
Legal Entanglement Project: Part 1 – Topic Selection and Ethical Analysis
A. Topic Selection and Evaluation
Existing Policy
Lancaster County South Carolina School District Policy: .JCDAE – Student
Sex/Gender Discrimination & Harassment- Sex/gender discrimination consists of unfair or
different treatment of an individual or group of individuals based on sex or gender (including
gender identity, sexual orientation, and pregnancy, childbirth, and any related medical
conditions). . . .
Narrative Describing the Process Used in Selecting the Topic and in Evaluating the Ethical
and/or Legal Dimensions of the Issue
.When thinking of topics to select for this assignment, I considered several topics.
However, there is an area of concern at the school I am currently employed at. We have two
transgendered students that have been given permission to use unisex, single bathrooms.
While one student uses the unisex bathrooms, there is one other that insists on using the
female’s restroom. With this student using the female restrooms, several other female
students have become uncomfortable and have made several complaints, with at least one
parent that I am aware to make a complaint. So to address the issue my school administrators
have allowed the females that have been made to feel uncomfortable, by the transgender
student using the female restroom, they now have been given permission to us the unisex
restrooms. In order to truly be able to understand the school administrators approach to this
issue, I began to look into our school policy concerning transgender restroom use, there is not
one? Then I decided to look into our school districts policy concerning transgender restroom
use. While I did not find any specific policy concerning transgender restroom usage, I did
find the following policy: JCDAE – Student Sex/Gender Discrimination & Harassment-
Sex/gender discrimination consists of unfair or different treatment of an individual or group
of individuals based on sex or gender (including gender identity, sexual orientation, and
pregnancy, childbirth, and any related medical conditions). Although this does not specify
transgender it does use the term Gender Identity. By stating that no person should be
discriminated against or treated different based on gender identity, my school administrator
stated, that this is why transgender students gave the right to use the restroom of the sex they
identify as.
B. Ethical Analysis
TOPIC SELECTION AND ETHICAL ANALYSIS 3
Relevant MCEE Principles used in Analysis
MCEE Principle III.
B. 2
Respecting the dignity, worth and uniqueness of each individual
student including, but not limited to, actual and perceived gender,
gender expression, gender identity, sexual orientation, civil status,
family status, religion, age, disability, race, ethnicity, socioeconomic
context and culture
Respecting the students based on who they are is important. However,
we should respect all students. We should not disrespect a student or
students in order to respect another By allowing transgender and/or
transitioning students to use restrooms based on their gender identity
rather than their biological sex, is not respecting those students that are
made to feel uncomfortable by their presence in the female restroom.
This particular MCEE principle could comply as well as not comply
with my topic selection. All students need to be respected not just
those that are transgender or transitioning.
MCEE Principle III.
B. 3
Establishing and maintaining an environment that promotes the
emotional, intellectual, physical and sexual safety of all students.
Restrooms are a place where all students should feel safe. By
allowing transitioning and transgender students to use the restroom as
what they identify as, does not promote safety for all students. I have
heard several students and multiple complaints from students that they
do not feel safe in a restroom when a transitioning or transgender
student is in the restroom with them. I do understand that students that
identify as the opposite sex does not feel comfortable going into a
restroom opposite of what they identify as, and respect there feeling.
With that being said transitioning and transgender students should be
offered a unisex restroom. Not only would a unisex restroom provide a
safe restroom for them but will also provide the feeling of safety to
others.
MCEE Principle IV.
A. 1
Communicating with parents/guardians in a timely, respectful and
culturally sensitive manner that represents the students’ best
interests
Considering that I was unable to locate policy concerning this issue in
my schools student/employee handbook or our district policies, there
should be a clearly communicated policy concerning this potential
issue. The policy needs to be communicated in a clear and transparent
way that both parents/guardians, and students can view and
understand. This will allow parents, students, and staff know exactly
what the policy is and how to address the issues that may arise when
TOPIC SELECTION AND ETHICAL ANALYSIS 5
References
Descriptor Term the Title IX coordinator for guidance. This policy does not apply to any conduct
that rises to the level of sexual harassment, as determined by the Title IX coordinator,
consistent with the 2020 Title IX regulations addressed in Board policies GAMBA and
JCDAF. (n.d.). Retrieved March 30, 2024, from https://core-docs.s3.us-east-
1.amazonaws.com/documents/asset/uploaded_file/4155/Lancaster_CSD/3557179/
Student_Sex_Gender_Discrimination___
Model Code of Ethics for Educators. (n.d.).
https://cdn.ymaws.com/www.nasdtec.net/resource/resmgr/mcee/mcee_brochure_2nd_edit
ion_no.pdf
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