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Gay Student Jose Garcia's Future in Limbo
Tue, October 27, 2009

On Friday we told you about Jose Garcia. He is the 19 year old male student at the Baptist School of Adult and Continuing Studies in Belmopan who dresses like a female, admits to having used the female bathroom, and carries a purse as his school bag. It might seem like bizarre behaviour but Garcia told us he has been that way since he was 7 and that he says he feels like a female trapped in man’s body. That’s actually a condition known as gender dysphoria. But to the administration at the church run Baptist High School, Jose Garcia has become a distraction and he has been threatened with dismissal for, “disrespecting the rules of the institution.”

And that is why the Ministry of Education has jumped in. Public Information Officer Arlette Gomez told us by phone from Belmopan that the investigation is ongoing but they are walking a tight rope between Jose Garcia’s constitutional rights to an education and school policy.

Arlette Gomez, Public Information Officer – MOE
“Presently our aim is to just ensure that Mr. Garcia’s constitutional rights are not being infringed upon and ensure that the guidelines of the Education Act and Rules are being followed. We want to make sure that the administration of the school and the students are following the guidelines of the Education Act and Rules.”

Keith Swift,
“Have you been able to determine if he is acting inappropriately in terms of the way he dresses and the fact that he uses the female bathroom?”

Arlette Gomez,
“Well Mr. Garcia has conceded that he has used the bathroom, he has acknowledged that it is wrong and of course we all know that by worldwide standards he should not have entered the female bathroom and he has acknowledged that it is wrong and that he will not do it again.”

Keith Swift,
“The school says that he is bothering other students, that it affects other students. Have you been able to determine that that is true?”

Arlette Gomez,
“Well the students that we spoke with are the students that are in his classroom with him and we did not get that sense, that it is to that extent that he is brother the students. I think that what we have to ensure here is that Mr. Garcia gets his education, that is most important. That is first and foremost.”

Keith Swift,
“Legally can he be kicked out of school because of his lifestyle, which is what the letter said?”

Arlette Gomez,
“Well the letter does not specifically say they will kick him out of school because of his lifestyle. I think what they are contending is that he needs to ensure that he doesn’t enter the bathroom and what they want him to do is to change his mode of dress and we are working here to ensure that Mr. Garcia is not expelled from school and we’re trying to ensure that everybody’s rights are being taken care of.”

And as Gomez, noted in the interview the students they have spoken to don’t have a problem with Jose Garcia’s mode of dress and behaviour. That’s key because the school claims that he is offending his classmates.

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