School District Weighs Punishing Students for ‘Malicious Misgendering’ of Peers

The Fairfax County Public Schools board in Fairfax, Virginia is considering punishing students - suspension or expulsion - for “malicious misgendering” of their peers based on “frequency and intensity.”

Indeed, the Fairfax County Public Schools Students Rights and Responsibilities handbook, which will be voted on May 26th, includes in its updated version rules that make “malicious deadnaming” and “malicious misgendering” of classmates a “Level 4” offense, punishable by up to five days of suspension “if frequency and intensity are present,” Fox News reports.

"Using slurs based upon the actual or perceived gender identity" is forbidden under the rules of the document, "which includes, but is not limited to, malicious deadnaming or malicious misgendering."

The document defines "deadnaming" as "when someone, intentionally or not, refers to a person who is transgender or gender-expansive by a name other than their own chosen name."

The rulebook explains that “Level 4 responses” include individualized intervention that often requires disciplinary action. The principal is able to refer such violations to the superintendent, which the document says “may result in a number of different responses based on circumstances and rarely result in an expulsion.”

“Level 5” offenses include things like homicide, sexual assault and illegal possession of drugs or weapons.