ACLU files notice of appeal in dismissal of lawsuit stemming from incident at Liberty High School involving administrator, transgender student

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CLARKSBURG, W.Va. — The ACLU of West Virginia has filed a notice of appeal in relation to the dismissal of a lawsuit stemming from an incident involving a school administrator at Liberty High School and a transgender student.

The lawsuit, which was dismissed in January, alleged that Liberty High School Assistant Principal Lee Livengood bullied a transgender student in December 2018.

On Friday, the ACLU filed a notice of appeal on behalf of the student and his parents in regard to the decision of the Harrison County Circuit Court. ACLU Legal Director Loree Stark stated that, “[the] case was dismissed last month on on largely procedural grounds. But the circuit court’s decision is not the final word, and we are not done fighting for justice in this matter.”

Teresa Toriseva of Toriseva Law, the firm which filed the notice of appeal, went on to say, “The circuit court’s ruling means the school system cannot be held liable for the administrator’s admitted behavior against a student.”

The ACLU also states in a release that Livengood has continued to be present in spaces with the transgender student while at the school, which goes against an agreement the ACLU made with Livengood prior to litigation that the student would “not be put in that position.” The ACLU said, “[W]e’re disappointed that Harrison County Schools had not acted in good faith and honored the agreement.”

WBOY has reached out to the Harrison County Board of Education for comment, but had not yet received a statement.

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