Human Rights Commission Holds Town Hall On Employment Discrimination, Harassment

A town hall-style meeting at Bluefield State University March 22, 2023 will focus on issues of workplace discrimination. 

A town hall-style meeting at Bluefield State University will focus on issues of workplace discrimination. 

The meeting, hosted by the West Virginia Human Rights Commission and the U. S. Equal Employment Opportunity Commission, will focus on employment discrimination and harassment in the workplace.

Students, staff, and community members are invited to attend at the Herbert Gallery/Student Center Wednesday, March 22 from 12 p.m. to 1 p.m.

Human Rights Commission Investigator James Spenia said colleges and universities like Bluefield were chosen for the meetings to inform, as well as hear from, community members entering the workforce.

“With the changes in technology, including things like Zoom meetings, we’re seeing different methods for harassment,” Spenia said. “It’s important to get out and educate them and let them know that there are resources, and what they can do to help combat that.”

Two more town halls are planned for other schools around the state. A similar meeting was held at West Virginia State University in early March. 

“It’s an outreach initiative to get out in communities, specifically in Appalachia, and just try to educate the public and see what’s going on, to kind of discuss current issues in employment discrimination and see what they’re encountering in their day to day lives as well,” Spenia said.

Spenia said the Human Rights Commission addresses issues of discrimination and harassment in their day-to-day operations, and handles allegations of discrimination in the workplace, as well as in housing and public accommodations. 

“It’s always ongoing,” Spenia said.

TikTok Ban, Natural Gas Power And More Pass Senate

The Senate passed several bills Wednesday, including one designed to ban TikTok from government devices.

With Sen. Charles Trump, R-Morgan, presiding, the Senate passed several bills Wednesday, including Senate Bill 426, which allows the state’s chief information security officer to establish standards for, and ultimately block or ban, access to technological services, apps, programs or products on government devices.

Sen. Ryan Weld, R-Brook, made it clear on the floor that the bill, which originated from the executive, had one particular app in mind.

“This bill comes to us as a result of, I’m sure a lot of you are familiar with discussions regarding TikTok,” Weld said. “TikTok, as we all know, is the very popular social media platform, video sharing platform, that is owned by a Chinese tech conglomerate, ByteDance. It has been in the news recently, the federal government enacted a ban of TikTok on all of its systems due to privacy concerns, concerns that the app collects much more data than is needed for its intended purpose.”

An amendment to the bill introduced and passed on the Senate floor Tuesday would create exceptions for law enforcement purposes.

Also passed on third reading Wednesday were:

  • Senate Bill 188, the Grid Stabilization and Security Act of 2023, would encourage the development and implementation of natural gas electric generation projects. Sen. Laura Chapman, R-Ohio, Sen. Randy Smith, R-Tucker, and Sen. Rupie Phillips, R-Logan, voted against the bill.
  • Senate Bill 240 would require state board of examination or registration proceedings to be open to public inspection

These three bills now go to the House of Delegates for their consideration.

The Senate also took action on Senate Bill 128, amending the House amendment to the bill and passing the bill, with Sen. Smith voting against. The bill, which implements limitations on the governor or legislature’s ability to declare a state of emergency, now awaits the Senate’s request that the House concur on today’s changes. 

To The Executive

The Senate also completed legislative action on three bills, including: 

  • House Bill 2506. The bill allows the Department of Motor Vehicles to take advantage of modern advances in secure digital titles for property to create a title clearinghouse to produce titles for nonresidential businesses.

Constitutional rules were suspended to pass the bill the same day it was introduced.

  • House Bill 2029 repeals  the creation of an all-payer claims database by removing the original authority provided to the Department of Health and Human Resources.
  • House Bill 2018 permits the managed care case coordinator to attend the multidisciplinary team meeting. Under West Virginia code, a multidisciplinary team must be convened within thirty days of the initiation of a judicial proceeding to assess, plan and implement a comprehensive, individualized service plan for children who are victims of abuse or neglect and their families.  
  • Senate Bill 132 clarifies the criminal offense of harassment to include stalking as a form of harassment.

School Official Appeals Job Removal After Trans Boy Harassed

A West Virginia assistant principal accused of harassing a transgender student is appealing a decision to remove him from his job after this school year.

WBOY-TV reports an attorney for Lee Livengood asked the Harrison County Board of Education to reconsider last week’s vote not to renew Livengood’s contract at the end of a three-year probationary period.

In November, Livengood allegedly followed transgender teenager Michael Critchfield into the boys bathroom at Liberty High School and said, “You freak me out.” Critchfield said Livengood also ordered him prove his gender by using a urinal.

Livengood’s attorney, Alex Shook, says his client was unaware of Critchfield’s gender identity and was not told of an arrangement Critchfield had with the principal to use the boys restrooms.

The American Civil Liberties Union is seeking diversity training in the county.

Assistant Principal Accused of Harassing Trans Boy Loses Job

Updated on Mar. 20, 2019 at 11:53 a.m.

A West Virginia assistant principal accused of harassing a transgender student will be out of his job after this school year.

News outlets report the board of education in Harrison County voted not to renew a probationary contract for Lee Livengood, who allegedly followed a teenager into the boys bathroom at Liberty High School and said, “You freak me out.”

Tuesday’s board vote to end Livengood’s employment on June 30 was unanimous.

Fifteen-year-old student Michael Critchfield said Livengood also ordered him in November to prove his gender by using a urinal. Livengood was suspended without pay before returning to Liberty High.

County schools Superintendent Mark Manchin said the board did not renew Livengood’s contract at the end of a three-year probationary period.

“It’s not uncommon at all,” Manchin said. “There’s no other reason other than the fact that we just desire not to have him continue as an employee of the Harrison County Board of Education.”

The American Civil Liberties Union’s West Virginia chapter said 1,100 people signed a petition demanding the board take action. The ACLU said it continues to push the county for diversity training to prevent similar incidents.

“While we’re glad to see Harrison County Schools taking accountability for what happened in the bathroom that day, we expect talks to resume regarding the implementation of best practice trans-inclusive policies that will better protect LGBTQ students and create a safer learning environment for Michael moving forward,” ACLU-West Virginia legal director Loree Stark said in a statement Wednesday. “Anything less would be unacceptable.”

According to Critchfield, the school band was preparing to take an after-school bus trip to Morgantown to watch a performance at West Virginia University. Critchfield said he went to the bathroom and checked to see if anyone was standing at a urinal before he went into a stall.

Livengood then opened the bathroom door and asked if any students were in the stall. Critchfield replied, and when he left the stall, Livengood was standing in the bathroom doorway and blocked Critchfield from leaving.

Critchfield recalled Livengood repeatedly yelling, “Why are you in here? You shouldn’t be in here.”

Critchfield said he replied that it was his legal right to use that bathroom. He said Livengood used improper pronouns when referring to Critchfield and challenged him to use a urinal to prove that he was a boy.

Man Accused of Threatening Delegate Who Vilified LGBT Groups

A Virginia man is accused of threatening a GOP member of the West Virginia House of Delegates who called the LGBTQ community a modern day version of the Ku Klux Klan.

News outlets report an arrest warrant has been issued for 49-year-old Jonathan George Benfer. Court records say Benfer called Mercer County Del. Eric Porterfield last month and left a slur-laden message offering to fight him.

A criminal complaint quotes Benfer as identifying as LGBTQ and saying Porterfield’s comments contribute to suicide rates. Capitol police say the call came days after the Republican minister called LGBTQ groups “socialists” and “discriminatory bigots.” His comments were denounced by local and state lawmakers.

Benfer is charged with intimidating a public official and making obscene, harassing or threatening communications.

Assistant Principal Accused of Harassing Transgender Student

A West Virginia high school’s assistant principal should be disciplined after questioning a transgender male student over his choice of bathrooms and saying, “you freak me out,” the American Civil Liberties Union said.

The ACLU’s West Virginia chapter said it has asked the Harrison County schools superintendent to take action against Assistant Principal Lee Livengood at Liberty High School in Clarksburg. An ACLU statement said the chapter also is seeking best-practice policies and training in the school system for dealing with transgender students and issues.

Fifteen-year-old student Michael Critchfield said Monday night in an interview he was traumatized by the Nov. 27 incident in a school boys’ bathroom.

County schools Superintendent Mark Manchin didn’t immediately respond to a request for comment Monday.

According to Critchfield, the school’s band was preparing to take an afterschool bus trip to Morgantown to watch a performance at West Virginia University. Critchfield said he went to the bathroom and checked to see if anyone was standing at a urinal before he went into a stall.

Livengood then opened the bathroom door and asked if any students were in the stall. Critchfield replied, and when he left the stall, Livengood was standing in the bathroom doorway and blocked Critchfield from leaving.

Critchfield recalled Livengood repeatedly yelling, “Why are you in here? You shouldn’t be in here.”

Critchfield replied it was his legal right to use that bathroom. He said Livengood used improper pronouns when referring to Critchfield and challenged him to use a urinal to prove that he was a boy.

“I felt really degraded and discriminated against,” Critchfield said.

Critchfield said other students had heard screaming coming from the bathroom and told a chaperone, who saw both Critchfield and Livengood walk out.

According to Critchfield, Livengood then said, “Not going to lie. You freak me out.”

Critchfield said school “should feel like a safe place. Kids like me should never have to go through anything like this. At the end of the day all I wanted was to feel welcome.”

ACLU West Virginia executive director Joseph Cohen called it “a life or death issue.” The American Academy of Pediatrics published a study earlier this year showing 51 percent of trans male adolescents had attempted suicide.

“The stakes couldn’t really be higher here,” Cohen said. “It’s past time that West Virginia schools take LGBTQ issues seriously.”

Critchfield’s mother, Caroline Critchfield, said the incident infuriated her.

“As a parent, that is my child that you are talking to,” she said. “His job was to provide safety, to protect my son while he was in school. Not bully. Not badger. Not to humiliate. Not to tear someone down. Not cause phobia. Not cause discrimination against him. What is this teaching our students?”

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