The ACLU said the official 'has demonstrated he is incapable of conducting himself in a professional manner in any environment with children.'
The American Civil Liberties Union's West Virginia chapter has pushed the county for diversity training to prevent similar incidents.
The ACLU said in a statement Monday that Livengood"has demonstrated he is incapable of conducting himself in a professional manner in any environment with children, and he has shown a troubling lack of remorse for his actions. We will be actively monitoring the situation to ensure Michael and the students of Harrison County are protected moving forward."
Livengood's attorney, Alex Shook, had argued that 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. According to Critchfield, the school band was preparing to take an after-school bus trip to Morgantown in November 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.
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