A US judge has extended her order preventing Loudoun County Public Schools (LCPS) in the state of Virginia, from enforcing its suspension of two high school boys, over their objection to the presence of a female student who identifies as male in the boys’ locker room.
The judge ordered the boys’ parents to post a A$200,000 bond which will enable their sons to take legal action against the school.
She said the order was to ensure that if the school wins the case, it can recover its attorney’s fees from the bond.
An online fundraiser quickly secured the money.
“THIS IS MUCH MORE THAN A CASE ABOUT TWO BOYS”
Board members, board candidates, teachers and concerned parents were among the donors.
The fundraising campaign stated: “LCPS has branded two good kids as sexual harassers, issued suspensions, and demanded ‘sensitivity training’ because the boys made private comments objecting to a girl being in their locker room.”
“While this case may simply be about two boys, it’s much more than that.”
“It’s about fundamental freedom, privacy, and common sense for all families.”
BACKGROUND TO THE CASE
Parents Seth Wolfe and Renae Smith are supporting their sons’ lawsuit against the school board after it opened a Title IX (anti-sex discrimination laws in education) investigation into their actions in a boys’ locker room in March.
They said their boys simply questioned why a female student was in the boys’ locker room.
After a months-long investigation the school district’s Title IX office concluded that the two boys are responsible for sexually harassing and discriminating against the trans-identifying student.
It cleared a third boy who is Muslim.
TRANS-IDENTIFYING STUDENT SECRETLY RECORDED BOYS IN THEIR LOCKER ROOM
The complaining student had secretly recorded the boys in the locker room.
“Why is there a girl? I’m so uncomfortable there is a girl,” the boys can be heard saying on the video.
The judge blocked the school district from enforcing the suspension against the plaintiff students, while the federal court weighs up whether the school district violated their rights under the First Amendment to the US Constitution as well as Title IX of the Education Amendments of 1972 and the Virginia Religious Freedom Restoration Act.
PLAINTIFFS’ LAWYERS WELCOME JUDGE’S RULING
Ian Prior, an attorney for America First Legal representing one of the plaintiffs noted: “The key here is that, as the judge recognised, there are serious constitutional questions involved in this case, and it’s important that while those constitutional questions are resolved in the litigation, that the education experience not be taken away.”
“We are appreciative of the time and energy that the judge took in listening to our arguments and crafting a decision,” he added.
“We look forward to litigating this case on behalf of our clients.”
Victoria Cobb, President of Founding Freedoms Law Center, representing the other plaintiff, stated: “We’re pleased the Court sees the importance of halting a wrongful punishment so our client continues his education and both boys are ultimately vindicated.”
CONCERNS OF THE BOYS’ PARENTS
Renae Smith expressed concern about the implications for her son going forward.
“My heart is devastated by the injustice of branding a 16-year-old boy with a guilty determination that could follow him for life — simply because he dared to state the obvious.”
“His privacy was violated when the opposite sex was allowed in his locker room, even to the point where he was videotaped secretly,” she said.
Seth Wolfe lamented that “the school system is punishing innocent boys with trumped-up charges that could jeopardise their college and career futures” instead of “protecting students’ privacy and acknowledging biological reality.”
SCHOOL DISTRICT HAS SOME HISTORY ON THIS ISSUE
Loudoun County Public Schools (LCPS) made national headlines four years ago for implementing a policy that allows trans-identified students to use bathrooms and locker rooms that align with their stated gender identity as opposed to their sex.
Courts previously ordered the school district to reverse the suspension of a Christian teacher who spoke at a school board meeting against the policy, which had not yet been passed.
The district also faced allegations of a cover-up after reports surfaced that one of two sexual assaults that occurred in its high school bathrooms at the hands of a male student, took place before the implementation of the policy.
LCPS has repeatedly defended the policy, citing it as consistent with a Court of Appeals finding that trans-identified students have the right to use bathrooms and locker rooms that correspond to their stated gender identity.
DEPARTMENT OF EDUCATION INVESTIGATION
The US Department of Education also investigated the case.
It concluded that LCPS violated Title IX by discriminating against the male students on the basis of sex.
It found that the district “failed to respond as required by Title IX to the reports of sexual harassment in the boys’ locker room and retaliated against the male students by failing to treat the parties equitably during its grievance and investigative process.”
“Loudoun County’s adherence to radical gender ideology has repeatedly placed its students in harm’s way,” said Acting Assistant Secretary for Civil Rights Craig Trainor.
“SCHOOL DISTRICT FAILED TO TREAT ALLEGATIONS EQUALLY”
“its 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.
“It 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.”
“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.”
ULTIMATUM TO SCHOOL BOARD
The Department gave LCPS 10 days to voluntarily enter its Resolution Agreement, which requires Loudoun County to take several actions:
- Rescind the suspensions imposed on the two male students
- Review its findings to determine if discipline of the male students is warranted
- Issue letters apologising for Loudoun County’s failure to properly investigate Title IX complaints
- Notify the students and their parents that LCPS will promptly investigate the formal Title IX complaints
- Provide training to all high school and Loudoun County staff who receive or respond to reports of sexual harassment under Title IX.
The department has indicated it may withdraw federal funding from LCPS if it does not comply.
However, the current government shutdown has prevented any enforcement action.
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