The governor of Virginia asked the attorney general to investigate Loudoun County Public Schools over its handling of an alleged incident involving a transgender student in a boys’ locker room.
According to Gov. Glenn Youngkin, three boys at Stone Bridge High School expressed concern about a transgender boy in the locker room in March, and that transgender student allegedly recorded cellphone video of their reactions.
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Now, a lawyer for one of the three boys says they're under a Title IX investigation for sexual harassment.
Youngkin said he’s “deeply concerned” about how Loudoun County Public Schools handled the matter, but LCPS fired back, saying the governor and attorney general are misrepresenting the facts.
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The three boys allegedly asked why a transgender boy was in the locker room, according to Founding Freedoms Law Center, which represents them. As they complained among themselves, the transgender boy allegedly recorded the discussion — which is against school rules — and then filed a Title IX complaint against the three boys.
“I'm here to speak on behalf of my son, who’s been wrongfully accused of a Title IX violation,” Renae Smith said at a school board meeting Tuesday night. “In truth, he is the victim of a Title IX violation, ignored and unsupported by the very system that is supposed to protect him.”
The Founding Freedoms Law Center asked LCPS to drop the sexual harassment investigation.
“These types of Title IX sexual harassment investigations can really derail a young man’s life, especially as they’re going into college, starting a career,” said Josh Hetzler, legal counsel for Founding Freedoms Law Center. “These have a way of really stigmatizing them, especially when they’re unfounded, like this was.”
Seth Wolfe, who said his son is one of the three boys being investigated, wants LCPS to overturn the bathroom policy.
“By allowing these policies to overlap, we are creating a very environment Title IX is meant to guard against — one filled with confusion, mistrust and unequal treatment,” he said. “Students are left unsure of their rights.”
“Students who express legitimate concerns about sharing locker rooms with individuals of the opposite biological sex should not be subjected to harassment or discrimination claims,” Youngkin said in a statement.
“This is just the latest example of what happens when school boards disregard common sense,” Attorney General of Virginia Jason Miyares said. “The safety, dignity and privacy of every student in Virginia should be non-negotiable.”
But LCPS said it only investigates students when they may have violated the code of conduct, not for simply expressing their opinions.
The county also said in a statement: “LCPS will not engage in public discourse that misrepresents our policies or the facts of a student matter— especially when doing so compromises student privacy, safety and dignity.
“We reject any characterization that implies our schools are unsafe or that we fail to protect the rights of all students.”
Equality Loudoun issued a statement Wednesday saying the transgender student was not violating any LCPS policies by using the male locker room and pointed to the Virginia Human Rights Act, which says students may not be discriminated against for using facilities aligned with their gender identity. The nonprofit also said all students should be held accountable to the same standards and policies regardless of what facility they use.
News4 was not able to reach the transgender student involved or their family. They have not spoken publicly about what happened.
Stone Bridge made national news in May 2021 when a male student sexually assaulted a female classmate inside a girls’ bathroom. Three months after that, LCPS passed a policy allowing students to use the restroom matching their gender identity.
The attacker in that case was transferred to Broad Run High School the following year, where he assaulted another girl.
He was convicted as a juvenile in both attacks. An independent review by a law firm found no evidence the attacker in that case was transgender.