A West Virginia assistant principal has been placed on unpaid suspension after he was accused of harassing a transgender student for using the boys’ restroom.

On Tuesday, the Harrison County Board of Education voted unanimously to suspend Lee Livengood, the assistant principal of Liberty High School in Clarksburg, W.V., through Feb. 1 for an incident in November last year, during which he allegedly harassed 15-year-old Michael Critchfield and asked him why he was using a stall in the boys’ restroom, reports the Charleston Gazette-Mail.

The American Civil Liberties Union of West Virginia, which is representing Critchfield, alleges that Livengood challenged the teenager to “come out here and use the urinal” — thereby exposing his genitalia — to prove he was “really” a boy. When the teen tried to leave the restroom, the ACLU claims Livengood told him “you freak me out.”

Following the incident, Critchfield’s parents spoke with administrators, but no action was taken until Dec. 18, when Superintendent Mark Manchin placed Livengood on paid suspension following media reports on a letter released by the ACLU demanding action.

But Board of Education President Frank Devono Jr. said the board members disagreed with Livengood’s punishment, and told Manchin their sentiments two weeks ago, after which he, acting of his own accord, changed the suspension to unpaid.

For his part, Livengood has said he “never initiated” the conversation about using the urinal, according to Manchin.

After receiving an investigative report on the incident, the board extended Livengood’s suspension through Feb. 1, and ruled that the assistant principal will have to meet certain stipulations — which have yet to be specified — before he returns to work.

Despite the outcry over the incident, Manchin has said that, while the county has no written policy on the issue, the school system does not allow transgender students to use restrooms matching their gender identity. He previously noted that schools can either opt to provide a single-stall bathroom for transgender students or require them to use the restroom matching the sex listed on their birth certificate. Otherwise, he said, the presence of a transgender student could make other students and parents uncomfortable.