By Mike Donoghue, Senior Correspondent
The Vermont Principals’ Association has opted to take a pass on allowing students from the Mid Vermont Christian School temporary participation in non-athletic extracurricular activities sponsored by the statewide association.
Now the Quechee-based school asked a federal judge this week to proceed with issuing a preliminary injunction to allow its students the same access as VPA member schools to competitions, including for math, science, spelling and other academics — and potentially sports.
Mid Vermont Christian initially requested the preliminary injunction in U.S. District Court after a VPA committee voted to expel the private school when it said it would forfeit a girls basketball post-season tournament game due to the opposing team using a transgender player.
Mid Vermont said in court papers it objected to the Long Trail School in Dorset using an athlete born as a biological male on the girls team. Mid Vermont said the transgender student, who was more than 6-feet tall, created an unsafe and unfair situation for its girls.
Chief Federal Judge Geoffrey W. Crawford, during a preliminary court hearing last month, suggested the VPA at least allow Mid Vermont Christian students to participate temporarily in non-sporting events while the complex legal case is resolved.
Mid Vermont followed up with a written proposal on April 23 seeking an end to the claimed discrimination, but the VPA’s lawyer sent a letter on May 2 rejecting the new request. The letter said the Association would stick with the expulsion decision made by its Activities Standards Committee on May 8, 2023.
The rejection letter denying Mid Vermont Christian’s request to participate was sent to the federal judge on Monday and asked him to take action.
“Due to the VPA’s lack of a meaningful response and its refusal to allow MVCS immediate access to the association, we are requesting the entry of an immediate injunction by filing a copy of this response with the court,” attorney Ryan J. Tucker wrote.
Tucker noted the VPA response “does not address the court’s inquiry into allowing our client immediate access to all co-ed activities as the case progresses.”
Meanwhile lawyers representing the various defendants, including the VPA, the Vermont Agency of Education and their leaders are hoping Judge Crawford will dismiss the lawsuit filed last November by Mid Vermont and two sets of parents on behalf of their four impacted children.
During the legal arguments on April 19 Crawford told the parties he understood the basic stances of each side about transgender students playing on athletic teams.
However, he questioned why all students from the private school should also be banned from non-athletic extracurricular activities, like the state Spelling Bee, the Geo Bee, Science and Math Fair, debate and dozens of other activities where co-ed teams or individuals are allowed to participate.
“I feel sorry for your students,” Crawford said about the current expulsion blocking kids from competing, including for prizes.
He said he believed many people may have the same basic thought: “The grown ups won’t get out of the way.”
The VPA in its May 2 letter repeated in part its 2023 letter that said, “If the School changes course in the future, that change would have to be considered in any new application for membership.”
The VPA’s lawyer, Steven J. Zakrzewski of Glastonbury, Conn. added, “A year has passed. The school has not filed an application for membership, nor has it explained how, if it became a member, it intends to comply with the obligations set forth in the final expulsion decision that the School did not appeal.”
Tucker wrote that the VPA’s response never addressed Crawford’s suggestion. Tucker said the VPA had always maintained it would not consider readmission unless Mid Vermont Christian changed its course.
“Nothing has changed since then and MVCS cannot agree to those requirements. That is the reason MVCS was forced to file claims against your client in the first place,” he wrote.
It was during an exchange with lawyers at the April 19 court hearing that Crawford floated the idea that Mid Vermont Christian inquire at the VPA about permitting students to participate in co-ed activities and competitions while the lawsuit proceeds.
The judge did not propose filing a full membership application.
So, the lawyers for Alliance Defending Freedom, who represent the private school and the two families filing the lawsuit, submitted a one-page letter seeking temporary participation.
Tucker said Tuesday the latest response makes it look like the VPA is not interested in resolving the case.
“They are not going to budge on it,” Tucker told the Standard.
The lawsuit was initially filed against Heather Bouchey, then- interim secretary of the Vermont Agency of Education; Jennifer Deck Samuelson, chair of the Vermont Education Board, Jay Nichols, executive director of the VPA, Christine Bourne, Windsor Southeast Supervisory Union; the Hartland School Board, Randall Gawel, school superintendent for the Orange East Supervisory Union, and the Waits River Valley School Board.
Zoie Saunders, who is the new interim Secretary of Education for Gov. Phil Scott, is now a defendant replacing Bouchey in the lawsuit, according to civil court rules.
The lawsuit maintains there is irreparable harm, including financial, that the VPA and AOE has inflicted on the Mid Vermont Christian students and their families.
The lawsuit seeks unspecified compensation for damages inflicted.