By Katy Savage
A Catholic Woodstock Union High School snowboard coach who was fired for expressing his views against transgender students competing in sports is suing the district for violating his freedom of speech and due process rights.
Dave Bloch filed a complaint on July 17 at the U.S. District Court of Vermont, explaining he was terminated on Feb. 9 —just before the end of the season —for expressing his views, based on religious beliefs, that males and females have different biology.
Bloch is suing Heather Bouchey, the interim secretary of the Agency of Education, Jay Nichols, the executive director of the Vermont Principals Association, Sherry Sousa, the superintendent of the Windsor Central Supervisory Union and the Windsor Central SU Board.
Bloch claimed the right to express his views on differences in sex is a “constitutionally protected activity” under the First Amendment.
He said he wasn’t given notice of the allegations against him or the opportunity to be heard by an impartial tribunal — a violation of the 14th Amendment.
Bloch founded the snowboarding program at Woodstock Union High School in 2011. He earned a $4,071 stipend for coaching the 2020-2021 season, court documents show.
Under Bloch’s leadership the team has won three state championships and students have consistently placed in the top three in statewide competitions.
Bloch said in the complaint that his snowboard team was staying at a lodge on Feb. 8 and ready to compete against a team that had a transgender student who identified as a girl.
During downtime, Bloch overheard a conversation between two of his athletes seated at a table together. A male student on his team said it was unfair that transgender girls compete in sports against female athletes. A female athlete countered and accused the student of being transphobic.
Bloch, who was sitting at the table with them, entered the conversation and explained there were skeletal and biological differences between males and females.
“Coach Bloch discussed that different physical characteristics generally give males competitive advantages in athletic competitions,” the complaint said. “The conversation was respectful among all parties and lasted no more than three minutes. It took place entirely outside the presence of the transgender identifying snowboarder.”
The next day, WCSU Superintendent Sherry Sousa fired Bloch after receiving a complaint against Bloch. Sousa barred Bloch from consideration for future coaching positions in the district.
Bloch was told he violated the school’s hazing, harassment, and bullying policy and the Vermont Principals’ Association’s athletics policy.
Sousa explained in a termination letter that he “made reference to (a) student in a manner that questioned the legitimacy and appropriateness of the student competing on the girls’ team to members of the WUHS snowboard team.”
Sousa said in the letter that district administrators conducted an investigation and determined Bloch violated the district’s policy.
But Bloch said Sousa verbally admitted in the meeting she didn’t have all the details of the conversation and told him that the investigation into his Feb. 8 conversation was not complete and he would receive the completed report within a day.
“Bloch has never received the investigative report, despite asking school district officials for it repeatedly,” the complaint says, adding: “Sousa remained visibly angry throughout the meeting with Coach Bloch. Upon information and belief, Defendant Sousa has a child who identifies as transgender.”
Attempts to reach Sousa for comment weren’t unsuccessful.
Bloch said he was never informed of the allegations against him or of his confidentiality rights. He also alleges he wasn’t informed of his right to appeal the termination decision and he wasn’t given the opportunity to present witnesses or evidence during the investigation.
Bloch, a practicing Roman Catholic, “believes, based on scientific evidence, that there are only two sexes, which are male and female, and that sex is determined by a person’s chromosomes,” the complaint said. “Coach Bloch believes, based on scientific evidence, that no one can change his or her sex.”
Bloch said in the complaint he wanted to return to coach next season and his contract would have been renewed if he hadn’t been fired just before the end of the season.
The state and the Vermont Principals’ Association (VPA), which controls sports scheduling, have issued policies and guidance in support of transgender students participating in sports.
“Generally, students should be permitted to participate in physical education and sports in accordance with the students gender identity,” the state guidance says. “Participation in competitive athletic activities and sports will be resolved on a case-by-case basis.”
Meanwhile, the VPA policy states it is “committed to providing all students with the opportunity to participate in VPA activities in a manner consistent with their gender identity.”
VPA Exec. Director Jay Nichols declined to comment other than to say, “We are not, nor have we ever been, an employer of Mr. Bloch. Employee decisions are made by school districts, not the VPA.”
