A middle school teacher who was suspended for not referring to a student by their “preferred name” and pronouns has now filed suit against her Kansas school district.
Pamela Ricard, a teacher since 2005 and currently employed at Fort Riley Middle School, says referring to a student by anything other than their biological sex violates her religious beliefs.
She received a three-day suspension during the spring 2021 semester when she would only address a particular student “by the student’s legal and enrolled last name” and not his preferred name or the “he/him” pronouns he uses, according to the lawsuit. The teacher was warned that any additional misgendering or calling any student by a name they do not go by would lead to further disciplinary action.
The lawsuit was filed Monday, March 7, in the U.S. District Court for the District of Kansas. The Geary County School District, whose superintendent is named in the lawsuit, has not responded to the complaint and an attorney representing the district did not provide a comment to The Associated Press.
The topic comes as several LGBTQ-related issues are at the forefront of conversation in the U.S. Notably, Texas has reportedly begun investigating parents and caregivers of transgender children for child abuse; and Florida has passed the “Don’t Say Gay” bill that bars K-3 lesson plans that discuss sexual orientation or gender identity.
The U.S. Department of Education said in an announcement last year schools can support transgender students by “adopting policies that respect all students’ gender identities, such as the use (of) the name a student goes by, which may be different from their legal name, and pronouns that reflect a student’s gender identity.”
RICARD’S ARGUMENT
Ricard said that the student in question had not directly asked the teacher to call him by a different name or different pronouns, though a school counselor had, the lawsuit states.
The teacher said in a Board of Education meeting she referred to the student as “Miss (last name),” which she intended as a way “to be respectful to the student without” compromising her own beliefs.
Her attorney states Ricard regularly uses last names instead of first names “as a more formal way of addressing students or getting students’ attention.”
The school did not have a written policy in place regarding student name and pronoun usage. It was a week after her suspension when the middle school principal sent staff members training documents regarding the use of preferred names and pronouns.
“Instead, Ms. Ricard was suspended and reprimanded under generic school district policies related to bullying by staff’ diversity and inclusion; and staff-student relations prohibiting ‘harassment’ and ‘bullying’ of students by staff,” the lawsuit states.
RICARD’S BELIEFS
Ricard said that during the appeal process for her suspension, she asked to be given a religious exemption to the new policy, but the school refused, according to the lawsuit.
Her attorney states in the lawsuit that Ricard is a Christian and holds beliefs consistent with those of the Bible.
“Any policy that requires Ms. Ricard to refer to a student by a gendered, non-binary, or plural pronouns or other gendered language that is different from the student’s biological sex actively violates Ms. Ricard’s religious beliefs,” the attorney said.
The school district adopted several versions of preferred name and pronoun policies, which Ricard said have been “at times contradictory.” Other faculty members at the school have also failed to use a student’s correct pronouns, but they were not disciplined, she argues.
The lawsuit was filed against Geary County Schools superintendent Reginald Eggleston, Fort Riley Middle School principal Kathleen Brennan and seven Board of Education members.
The defendants, Ricard’s attorney argues, “now threaten to punish Ms. Ricard again if she continues to refrain from using a student’s preferred pronouns, express her views through silence or neutral language, or even engage in a neutral policy of referring to students by their enrolled last names or with other gender-neutral language.”
Ricard seeks “nominal damages” and for her disciplinary record to be cleared.
*story by The Kansas City Star
