A federal judge with the U.S. District Court for the Eastern District of Virginia ordered Public Schools to pause the suspension and punishments of that a female student was using the boys’ at Stone Bridge High School.
“The loss of 10 days of in-person school early in the school year could have serious negative effects on [the student] and it appears from the record before the Court that [the student] has not had contact with the complaining student or continued communicating about that student,” the judge wrote. “Therefore, the Court finds that the balance of equities tips in [the student’s] favor, given that [the student] is likely to suffer irreparable harm in the absence of a temporary restraining order holding [the student’s] 10-day suspension in abeyance. The Court also finds that the public interest is best served by ensuring high school students remain in school and receive adequate process before being suspended.”
The court also found many of the allegations in the complaint to be troubling, particularly LCPS offering a private changing area to the boys but not to the female student accessing the male locker room and LCPS’s dismissal of the accusations against a Muslim student “who seems to have engaged in similar activity” to the two Christian boys who LCPS found responsible for sexual harassment and sex based discrimination.
Earlier this year, that LCPS opened a Title IX investigation into three boys who complained and raised questions about why a female student, who identifies as a male, was using the boys’ high school locker room.
LCPS eventually dropped the investigation into the Muslim boy, but found the two Christian boys in violation of Title IX sexual harassment and sex-based discrimination.
LCPS’s policy allows students the option to use bathrooms and locker rooms at school based on their chosen gender identity. The female student identifies as a boy.
7News was that the female student recorded the boys in the locker room. However, when the boys’ parents asked LCPS to investigate the female student for Title IX sexual harassment for recording the boys, LCPS declined.
On Tuesday, the U.S. Department of Education announced that LCPS violated Title IX and retaliated against the male students.
The department said its Office of Civil Rights found that Loudoun County failed to respond as required by Title IX to reports of sexual harassment in the boys’ locker room at a Loudoun County school and retaliated against male students by failing to treat the parties equitably during its grievance and investigative process.
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“Loudoun County’s adherence to radical gender ideology has repeatedly placed its students in harm’s way. First, Loudoun’s policy of allowing students to occupy intimate facilities based on ‘gender identity’ rather than biological sex violates Title IX, compromises safety, and infringes upon the dignity and privacy interests to which students are entitled. Second, Loudoun County failed to treat allegations of sexual harassment equally: it promptly investigated a female student’s complaint but quickly dismissed and failed to meaningfully investigate two of its male students’ complaints of sexual harassment,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “We urge Loudoun County to abandon its reliance upon post-modern ideology and instead embrace the requirements of law by coming into compliance with Title IX. The Trump Administration’s dedication to equal protection under the law is unwavering, and we will not permit rogue localities to defy that principle.”
On Tuesday, the U.S. Department of Education gave LCPS 10 days to voluntarily enter the Department’s Resolution Agreement, which requires Loudoun County to take the following actions:
Rescind the suspensions imposed on the two male students.
Review its findings to determine if discipline of the male students is warranted and, if Loudoun County determines that it is, the discipline must not exceed the discipline imposed on students who engaged in similar conduct and who had comparable disciplinary histories.
Issue letters apologizing for Loudoun County’s failure to properly investigate Title IX complaints.
Notify the students and their parents that Loudoun County Public Schools will promptly investigate the formal Title IX complaints in a manner that is compliant with the requirements of Title IX.
Provide training to all high school and Loudoun County staff who receive or respond to reports of sexual harassment under Title IX.
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On Wednesday, 7News requested comment from LCPS. This story will be updated if we receive a response.