Title IX complaint against South Coast school over alleged restroom incident involving third grade girl and transgender student dismissed as parents organize rally, petition, to recall School Committee

A Title IX complaint filed by the parents of a third-grade student at Rochester Memorial School against the Old Rochester Regional School District has been dismissed. The parents alleged that the school failed to protect their daughter after a male student, who identifies as female, entered the girls’ restroom and allegedly exposed their daughter while she was using a toilet.

A complaint filed by the Massachusetts Liberty Legal Center on behalf of Luis and Kerri Rivera alleged that on May 1st, after recess, a male student entered the girls’ restroom at their daughter’s school, looked under and through the stall door, then pushed it open while she was partially undressed, recognizing her by name. Another girl in the next stall heard the incident. The daughter returned to class in tears and has since developed severe anxiety about attending school.

The Riveras say they had warned Principal Heidi Letendre multiple times since November 2025 that the same male student was using the girls’ restroom. After the May 1st incident, the principal allegedly initially called it unacceptable but later told the girl the student was “legally allowed” under state gender-identity guidance. The school suggested the girl use a single-occupancy or nurse’s bathroom and implemented a “Student Support/Safety Plan,” while taking no disciplinary action against the male student or barring him from the facility.

The complaint argued this constitutes sex-based harassment under Title IX, creating a hostile environment, and that the school’s deliberate indifference and policy of allowing biological males into female restrooms violate federal law by denying girls privacy, safety, and dignity.

Luis Rivera revealed that he was sent the following email Friday by the school stating that the complaint was dismissed.

“Our school district has received and accepted the decision made by an independent decision maker following a Title IX investigation into a complaint brought forward May 4 by a Rochester Memorial School parent.

“The review found that school building staff and the district administrators acted in compliance with the law, and the investigation found no violation of a student’s Title IX rights had occurred. The investigation of the matter is now considered closed.

“The incident stemmed from a 9-year-old student opening an unlocked bathroom stall that was in use by another 9-year-old student. This can happen in an elementary school setting when multiple children are seeking to use the bathroom with a limited number of bathroom stalls. Rochester Memorial School faculty and staff handled this situation in a manner consistent with their years of experience and advanced training in working in an age-appropriate way with young children in an elementary school setting.

“Our charge is to provide a nurturing learning environment that is safe and welcoming for all of the children who are entrusted into our care. Let us not forget that the matter in question involves two 9-year-old children. We believe that we are bound by law and state education policy and that age-appropriate handling of student matters in a public school setting is best left to the professional educators who know how to do their jobs correctly and effectively.

“During this process, our educators and administrators have been subject to innumerable explicit, angry, and threatening communications both directly to them and indirectly via social media. While we have been made to believe that almost all of the communications received came from sources with no connection to Marion, Mattapoisett, Rochester or any other community in or near Massachusetts, as we begin the school year in two weeks there will be an increased police presence in our district. We have been in constant contact with our local police chiefs.

“We have received correspondence from the Massachusetts Attorney General’s Office supporting and endorsing our actions in this effort, and our district has received further supporting correspondence from the Massachusetts Association of School Superintendents and the Massachusetts Association of School Committees.

“As educators, children are our sole concern. We are bound by the laws of the Commonwealth of Massachusetts and to the guidelines set by the Massachusetts Department of Elementary and Secondary Education. Out of respect for the educational privacy rights of the children, we will have no further comment regarding this matter.”

Rivera will be holding a peaceful rally and petition signing at Plumb Corner on Dexter Lane on Sunday from 11:00 a.m. to 2:00 p.m. to recall the school committee.