A Florida teacher has claimed he was forced to resign from his job because the superintendent of the school district and parents believed he was transgender. 

Shepard Scalf, 23, began working at Patriot Oaks Academy middle school, just outside of Jacksonville, in August 2025. 

Scalf claims he was there just three weeks when he was abruptly told to resign or else he would be put on 'probationary release,' after which the school board would almost certainly dismiss him at its next meeting. 

Last week, the American Civil Liberties Union (ACLU) filed a charge of discrimination with Equal Employment Opportunity Commission [complaint] on behalf of Scalf against the St Johns County School District and its superintendent, Doctor Brennan Asplen.

The ACLU alleges in the complaint that Scalf was made to resign after Asplen received a complaint from a parent who was upset over their perception that the teacher was transgender.

The discrimination complaint states that Scalf was never given a reason why he was being asked to resign, and was in fact told by the middle school's principal that he 'met every expectation' and that his performance was 'nothing less than exemplary.' 

He claimed in the complaint that these comments removed 'any merits-based justification for firing me.'

Scalf is not transgender. He is an intersex person, which means he was born with reproductive anatomy that differs from what is typically considered 'male' or 'female.'

The ACLU claims that the St Johns County School District violated both state and federal civil rights laws when it allegedly dismissed Scalf because of his perceived gender identity. 

'I am an intersex man with XY chromosomes who was assigned female at birth. I believe my termination was sex discrimination,' Scalf claimed in the complaint.

Scalf is seeking nothing more than to be reinstated in his position at Patriot Oaks Academy.

When Scalf was hired at the middle school last year, he submitted paperwork that showed he was assigned female at birth.

The teacher has Swyer's Syndrome, a rare genetic condition in which a person is born with external and internal female reproductive organs, yet also has XY chromosomes, which are associated with male development.

He therefore has traditionally masculine physical characteristics, despite medical records saying he was born female. Scalf got married to his wife, Kianna, in 2024. 

According to the ACLU, Swyer's Syndrome falls under the intersex 'umbrella term,' which 'applies to people who have a range of innate variations in physical characteristics... that cause their bodies to develop in ways that do not fit typical binary expectations associated with male or female bodies.'

The ACLU further states: 'The vast majority of intersex people receive a social gender assignment of either male or female at birth... typically made based on the appearance of their external sex characteristics.'

Because of the discrepancy between Scalf's assigned sex at birth and his male identity as an adult, superintendent Asplen assumed he was transgender, according to the discrimination complaint. 

ACLU attorney Shana Knizhnik, who is also intersex, said in a social media video posted by the union: 'Intersex people like Mr Scalf often face discrimination rooted in ignorance. 

'Routine HR disclosures can be weaponized against us by our employers, leaving us vulnerable to stigma and humiliation. Workplace discrimination against intersex people isn't just immoral. It's illegal.'

The complaint asserts: 'Based on new-hire paperwork that Mr Scalf provided to the District, the District knew that Mr Scalf was assigned female at birth, or at least that he had a female gender marker on his identification documents.

'Mr Scalf’s colleagues at Patriot Oaks also knew that Mr Scalf lives his life as a man. On his first day of teaching, the school provided a placard for his classroom that stated, “Mr Scalf.”

'Upon information and belief, at some point after the district hired Mr Scalf, the Superintendent or other relevant district decision makers became aware of the incongruence between Mr Scalf’s gender identity and his sex assigned at birth.

'Prior to his termination, no one from Patriot Oaks or the District communicated with Mr Scalf in any way regarding his use of personal titles or pronouns.

'Following Mr Scalf’s resignation, he received communications providing evidence that the termination followed complaints from a parent about the perception that Mr Scalf is transgender.

'Any such complaints were not founded in actions by Mr Scalf, who never discussed his gender identity, sex assigned at birth, or intersex status with his students or District officials.'

Three weeks into the school year on August 28, 2025, Scalf was summoned by Patriot Oaks Academy Principal Drew Chiodo for an 'emergency meeting,' according to the discrimination complaint. 

He was not told what the meeting was about, but he attended with a teacher's union representative who also worked at the school and recorded the meeting with the principal's consent, the complaint continued. 

Chiodo told Scalf that he appreciated him 'as a person' and 'as an employee,' and praised his performance before saying he had been directed to read the teacher a letter from superintendent Asplen, the complaint said. 

The letter stated that as a new hire, Scalf was under probationary employment and subject to being 'dismissed without cause,' according to the complaint.

Although Florida is an at-will employment state, workers cannot be fired because of their sex, according to state law. 

Employees also have federal protection under a 2020 US Supreme Court ruling that determined it is illegal to fire people based on their sexual orientation or gender identity under the Civil Rights Act. 

The superintendent's letter then said the St Johns County School District was recommending that the school board dismiss Scalf, and that he would be placed on temporary leave until the board's final decision at its next meeting, according to the complaint.

Scalf claimed in the complaint that he was given an ultimatum - either resign immediately, or accept 'probationary release' until the board board fired him. 

'Mr Scalf submitted his resignation after his union representative advised him that a resignation would appear less detrimental to future employers than a termination,' the complaint said. 

At the meeting, the teacher asked Chiodo why he was being dismissed, but the principal gave no answer other than that he was doing what the superintendent had told him to, according to the complaint. 

Scalf's alleged forced resignation was condemned by Democratic congressional candidate Alex Hazen, who is vying to represent Florida's fifth district, which covers St Johns County.

In a statement, Hazen said in part: 'A teacher who was exceptional at their job was fired for his identity, not his performance. Firing someone due to their sex, not their performance, is both wrong and illegal. 

Hazen's statement continued: 'The district’s actions are a brazen violation of Title VII’s protections. Republican leaders in Florida would rather discriminate than educate.'

A spokesperson for Patriot Oaks Academy said that the school does not comment on pending litigation after the Daily Mail reached out to the school and its principal for comment. 

The Daily Mail has also reached out to Scalf, the ACLU, the St Johns County School District and superintendent Asplen for comment.