For a teacher, the biggest drama of the first month of school is usually about missing pencils, loud group projects, or someone insisting they did submit the assignment, actually.
For Shepard Scalf, a sixth-grade Language Arts teacher in Florida, the start of the 2025–2026 school year allegedly unfolded very differently — and far faster than any normal classroom conflict could justify.
RELATED: Gay Summer School Sign Sparks Predictable Pride Month Backlash
Scalf, who is intersex and identifies as male, is now at the center of an Equal Employment Opportunity Commission filing claiming he was pushed out of his job after a school district allegedly concluded — incorrectly, in his view — that he was transgender.
When “Everything Is Going Well” Suddenly Isn’t for a Teacher
By Scalf’s account, nothing about his classroom performance suggested trouble. In fact, he says he was explicitly told his teaching was strong. That makes what followed feel, in hindsight, even more abrupt.
Scalf was newly hired at Patriot Oaks Academy in the St. Johns County School District and had only been teaching for a few weeks when he was called into what was described as an “emergency meeting” on August 29, 2025. He says the meeting included principal Drew Chiodo, along with a teachers’ union representative, and that a letter from Superintendent Dr. Brennan Asplen was read aloud.
According to the filing, the letter stated that because Scalf was a first-year teacher, his employment was “probationary” and could be ended without cause. He was then told he could either accept a probationary release or resign voluntarily. Scalf ultimately resigned after being advised that resignation would be less damaging to future job prospects than termination.
RELATED: Gay Couple Brutally Attacked at Night Market After Homophobic Slurs
“It Was About Who I Am”
For Scalf, the sudden shift wasn’t just administrative — it was personal, and confusing.
“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf told the ACLU. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”
In his EEOC filing, Scalf says he later learned there had been concern from a parent who believed he was transgender, and that this perception played a role in how the situation unfolded. At the center of his claim is a key point: that the district knew both his gender identity and his assigned sex at birth, and still proceeded in a way he believes was driven by perception rather than performance.
“At the same time, the district knew both that I have a male gender identity (they gave me a placard saying ‘Mr. Scalf’) and that I was assigned female at birth (based on my employment paperwork),” Scalf wrote. “I therefore believe this termination was based on the perception that I am transgender.”
What the District Says — and Doesn’t Say
The St. Johns County School District has declined to comment on the specifics of the allegations.
“We will not comment on pending litigation,” Christina H. Upchurch, executive director for community relations, wrote when contacted.
Scalf’s complaint is being supported by the American Civil Liberties Union, which argues the district’s actions violate federal protections against workplace discrimination under Title VII. Those protections were interpreted to include LGBTQ+ workers following the 2020 Supreme Court decision in Bostock v. Clayton County, a ruling that significantly reshaped how sex-based discrimination is understood in U.S. employment law.
Intersex Identity, Often Misunderstood
Scalf is intersex — a term used for people born with variations in sex characteristics that don’t fit typical definitions of male or female bodies. These variations can involve chromosomes, hormones, internal reproductive anatomy, or external genital traits.
Intersex people may or may not discover these differences at birth, and experiences vary widely. Advocates say cases like this highlight how quickly assumptions about sex and gender can become professional consequences.
“Like any other worker, an intersex employee’s talents and contributions should be what counts — not others’ biased beliefs about who ‘counts’ as male or female,” Sylvan Fraser Anthony, legal and policy director at interACT, told the ACLU. “Intersex employees like Mr. Scalf deserve to be valued and respected at work, and they are equally entitled to the protection of Title VII. Punishing someone because of a variation in their sex characteristics or perceived nonconformity with the sex they were assigned at birth is plainly impermissible, and employers must understand that these forms of sex discrimination will have consequences.”
The Bigger Picture in Florida
While federal law provides certain protections, enforcement and interpretation can vary, and state climates differ widely in practice. Florida has become a particularly contested space in debates over LGBTQ+ rights in recent years, with shifting policies and heightened political attention contributing to uncertainty for workers and educators.
The district’s response remains limited to its refusal to comment on active litigation, leaving Scalf’s allegations to be examined through the EEOC process.
For now, the case sits in that uncomfortable space where employment law, identity, and perception collide — and where a teacher’s classroom record and a parent’s assumption can end up pulling in very different directions.