Two teenage boys at Stone Bridge High School in Loudoun County, Virginia, have been suspended for 10 days following a months-long Title IX investigation that found them responsible for sexual harassment and sex-based discrimination after they questioned why a transgender student was in the boys’ locker room.
The controversial suspension, announced on Friday evening, has sparked outrage from parents, Virginia state officials, and civil rights advocates who say the boys were unfairly punished for expressing discomfort about sharing intimate facilities with a biological female student who identifies as male.
The incident stems from a March video recording captured by the transgender student inside the boys’ locker room, where several male students can be heard expressing their discomfort. “There’s a girl in here?” one boy can be heard asking. “There’s a girl?” Another voice in the recording states, “Why is there a girl? I’m so uncomfortable there is a girl.”
Despite the fact that recording in the locker room violated school policy, Loudoun County Public Schools (LCPS) launched a Title IX investigation into the boys rather than the student who filmed them. The school district previously dropped the charges against one of the three students, who is Muslim, but continued to investigate the other two students, who are Christian.
Parents Express Shock at ‘Scarring’ Punishment
The parents of the suspended students have condemned the decision as deeply troubling and potentially life-altering for their sons. “[We’re] absolutely floored that they came back and branded my son responsible for sexual harassment and sex based discrimination with no solid evidence whatsoever,” Renae Smith, the other parent, told 7News. “We’re talking about scarring him for life by a biased process that’s supposed to protect fairness, but it’s shocking.”
Smith has already withdrawn her son from the district and relocated out of state, but says the suspension will follow him. She said the district told her that if he returns, he would face suspension again. The mother worries the Title IX violation on his permanent academic record could jeopardise his chances of university admission.
Seth Wolfe, father of the other suspended boy, expressed similar outrage. “[We’re] saddened by the decision-making process and how that went.” He had previously raised concerns about privacy violations, stating, “I have a daughter that’s in high school as well, and if there was a male in there videotaping her in the locker room, I would have issues.”
Comprehensive Punishment Package Includes No-Contact Order
The punishment extends beyond the 10-day suspension, according to Josh Hetzler, an attorney representing the families with the Founding Freedoms Law Center. The punishment includes a no-contact order with the complainant, including not being able to be in any of the same classes. The boys are also required to meet with school administrators to determine a corrective action plan, according to Hetzler.
The disciplinary action will remain on the students’ academic records, potentially affecting their future educational and career prospects. Hetzler warns, “A Title IX violation will be on the records of these boys going forward. And it could really stigmatize them in their future careers and their college aspirations.”
Governor and Attorney General Launch Investigation
The suspension comes after Virginia Governor Glenn Youngkin and Attorney General Jason Miyares launched an investigation into LCPS’s handling of the incident in May. “It’s deeply concerning to read reports of yet another incident in Loudoun County schools where members of the opposite sex are violating the privacy of students in locker rooms. Even more alarming, the victims of this violation are the ones being investigated—this is beyond belief.”
Youngkin specifically requested Miyares to investigate the situation immediately to ensure “every student’s privacy, dignity and safety are upheld.” The governor also referenced his administration’s model policies from two years ago, which require students to use locker rooms corresponding to their biological sex unless federal law requires otherwise.
Attorney General Miyares’s investigation subsequently found that “LCPS utilized an unlawful, discriminatory, and retaliatory Title IX investigation to silence students’ sincerely held religious beliefs.” His office’s report determined the district had engaged in “a retaliatory Title IX investigation that appears to target students for expressing faith-based views.”
“Loudoun County Public Schools weaponized Title IX to punish male students for expressing discomfort at being forced to share a locker room with a female student,” Virginia Republican Attorney General Jason Miyares told the Daily Caller News Foundation. “This suspension is completely unjustified and tramples their constitutional rights.”
Religious Freedom Concerns Raised
The case has raised significant religious freedom concerns, as the suspended students say their objections stem from their faith-based beliefs. Seth Wolfe, father of one of the accused students, stated, “We believe God made male and female and nothing in between. That’s just how it is.”
The district’s decision to drop charges against the Muslim student whilst pursuing punishment against the two Christian students has added another layer of controversy to the case. Youngkin noted that “Loudoun County Public Schools initially investigated three boys—one Muslim, two Christian—but dropped the investigation into the Muslim boy, while ho[lding the investigation against the Christian students].”
Federal Funding at Risk Over Title IX Violations
The suspension comes as LCPS faces potential loss of millions in federal funding over its transgender policies. The U.S. Department of Education announced it is placing Alexandria City Public Schools, Arlington Public Schools, Fairfax County Public Schools, Loudoun County Public Schools, and Prince William County Public Schools (the Divisions) in Northern Virginia on high-risk status with the condition that all federal funding flowing to these districts is done by reimbursement only.
The Department found the Divisions in violation of Title IX last month for their policies allowing students to occupy intimate facilities based on “gender identity,” not biological sex. LCPS receives approximately £37 million ($46 million) annually from the federal government.
“States and school districts cannot openly violate federal law while simultaneously receiving federal funding with no additional scrutiny. The Northern Viriginia School Divisions that are choosing to abide by woke gender ideology in place of federal law must now prove they are using every single federal dollar for a legal purpose,” said U.S. Secretary of Education Linda McMahon.
On Friday, the same day as the suspension announcement, the Education Department said it will start the process of suspending or cutting off federal funds to five Northern Virginia school districts: Alexandria, Arlington, Fairfax, Loudoun and Prince William.
Lt. Governor Calls Suspension ‘Ludicrous’
Republican Virginia Lt. Governor Winsome Earle-Sears, who is running for governor, weighed in on the suspensions, calling them “ludicrous.” “Boys are not comfortable undressing in front of nude girls in the same locker room, in spaces that they were not normally have access to,” Earle-Sears told 7News.
“The boys are saying this, and the boys who should be applauded are not being applauded,” he added. “Instead, they’re being punished for something that’s common sense. You know, for me, biological differences do matter.”
Earle-Sears emphasised that the issue transcends politics: “It’s not political, it’s common sense. And it’s parental rights, really. So, I’m speaking for parents and families all across Virginia. This is nonsense.”
District Policy Under Scrutiny
The controversy centres on Loudoun County School Board’s Policy 8040, which allows students to use bathrooms and locker rooms based on their self-identified gender rather than their biological sex. Policy 8040 allows students to use their chosen names and gender pronouns, and opens sports, restrooms, and locker rooms to students on the basis of claimed gender identity, rather than biological sex.
The district argues its policies are required under a Fourth Circuit Court of Appeals ruling in Grimm v. Gloucester County, which found that denying transgender students access to facilities matching their gender identity amounts to sex-based discrimination.
This is not the first controversy involving transgender policies at Stone Bridge High School. In May 2021, a girl was assaulted in the girls’ restroom at Stone Bridge High School, followed by a second assault of another female in a similar fashion that occurred in October 2021 after the perpetrator was transferred to Broad Run High School.
Legal Battle Continues
The Founding Freedoms Law Center, representing the families, has vowed to continue fighting until the suspension decision is overturned. “Our clients have done nothing wrong and they deserve to be deemed innocent,” Victoria Cobb, president of the Family Foundation of Virginia, told the outlet.
The parents are currently appealing the decision, which has temporarily put the suspensions on hold. However, the case highlights the ongoing tension between federal Title IX interpretations, state policies, religious freedom concerns, and student privacy rights.
As the legal and political battle continues, the two suspended students face an uncertain future, with the Title IX violation potentially following them through their academic careers. Meanwhile, Loudoun County Public Schools remains at the centre of a national debate over transgender rights, student safety, and parental concerns in educational settings.
The district has declined to comment on individual cases, citing student privacy concerns, but maintains it follows a comprehensive and objective Title IX process in accordance with its policies and federal law requirements.
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