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Kimberly Simmons is a sociologist and affiliated scholar with the University of Southern Maine’s Women and Gender Studies Program. This column reflects her views and expertise and does not speak on behalf of the university. She is a member of the Maine chapter of the national Scholars Strategy Network, which brings together scholars across the country to address public challenges and their policy implications.
Maine K-12 schools are likely violating Title IX, but not because of transgender inclusion in sports. Systemic patterns of sexual harassment and assault undermine educational equity, and this is a fantastic time for a genuine investigation and commitment to addressing the problem.
A few years ago, at a conference with middle and high school students, a group of girls described a coach who “jokingly” groped players during practice. When I asked if they reported this as abuse, they laughed nervously and shrugged — it was just something they had to endure to access their athletics.
This story haunts me.
This year, while a Maine legislator targeted transgender students, a coach in her district was arrested for allegedly sexually assaulting middle schoolers. Cases of sexual violence in Maine schools — including Brunswick, Kennebunk Portland, Lee, Lisbon and certainly many more that are confidential — are widespread. Many more remain confidential and concerns about retaliation will keep the lion’s share of cases completely off the public radar.
The 2023 Maine Youth Integrated Health Study reveals alarming levels of sexual harassment, assault, and violence affecting students, particularly those marginalized by gender and sexuality.
According to the study, 88 percent of straight high school students feel safe at school, compared to 68 percent of gay and lesbian students and 60 percent of transgender students.
In addition, 21 percent of transgender students and 18 percent of lesbian and gay high school students have missed school due to fear of violence, compared to 7.3 percent of heterosexual students.
Twelve percent of middle school girls and 25 percent of high school girls reported experiencing unwelcome sexual contact.
And 30 percent of trans middle schoolers and 41 percent of trans high schoolers reported forced sexual contact.
Finally, 33 percent of high school girls and 13 percent of boys reported offensive sexual comments at school. Among transgender students, this rises to 51 percent of trans girls and 42 percent of trans boys.
This is what Title IX could address. Yet, instead of tackling misogyny in schools, politicians are perpetuating the conditions that lead to more violence by dehumanizing and scapegoating transgender athletes whose numbers are so small they cannot easily mount a collective defense. This perhaps reflects the president’s efforts to normalize male violence, in his own biography and current politics, while accusing others of predatory behaviors despite the clear evidence that most perpetrators of sexual violence are cis-men.
The federal government’s recent claims that Maine violated Title IX by “allowing boys to play in girls’ sports” mocks the actual purpose of Title IX and is also simply a lie. Maine has long been a leader in civil rights, including gender identity protections. In 2005, voters upheld legislation adding sexual orientation and gender expression to the Maine Human Rights Act. In 2014, the Maine Supreme Court affirmed the right of students to express their gender identities in schools.
In 2021, Maine debated legislation to exclude transgender students from K-12 athletics. The response from students was clear: They wanted to “play with their friends” and valued sportsmanship over winning at all costs. They asserted that a few adults were simply trying to make trouble. The bill was defeated.
Nevertheless, our strong civil rights laws are not enough to create a culture of safety and inclusion for all of our young people. Maine students deserve a real Title IX investigation — one that protects them from harm, not one that fabricates a problem to serve a political agenda.
