A federal judge has ordered Loudoun County Public Schools (LCPS) to temporarily halt the suspension of students involved in a dispute over a transgender student's access to a boys' locker room. The U.S. District Court for the Eastern District of Virginia issued the restraining order, citing the potential for irreparable harm to the students facing punishment.
Key Takeaways
- A federal judge paused the 10-day suspension of male students at Stone Bridge High School.
- The students were punished after complaining about a female student, who identifies as male, using the boys' locker room.
- The U.S. Department of Education separately found that LCPS violated Title IX and retaliated against the male students.
- The school district's policy allows students to use facilities that align with their gender identity.
Federal Judge Intervenes in Student Discipline
A judge granted a temporary restraining order to prevent Loudoun County Public Schools from enforcing a 10-day suspension against at least one of the male students. The decision was based on the potential negative impact of missing school and a lack of continued conflict between the students involved.
In the ruling, the judge stated, "The loss of 10 days of in-person school early in the school year could have serious negative effects." The court found that the student who was suspended had not had further contact with the student who filed the complaint.
Irreparable Harm Cited
The court determined that the balance of equities favored the student, who was "likely to suffer irreparable harm in the absence of a temporary restraining order." The judge also emphasized that the public interest is best served by keeping students in school and ensuring they receive proper due process before suspension.
The court also raised concerns about several allegations in the complaint. Specifically, the judge noted the unequal treatment where LCPS offered a private changing area to the complaining boys but not to the female student using the male locker room. The ruling also pointed out the district's dismissal of accusations against a Muslim student who reportedly engaged in similar activity to the two Christian boys who were found responsible for harassment.
Background of the Locker Room Dispute
The conflict began when several male students at Stone Bridge High School raised concerns about a female student, who identifies as a boy, using their locker room while they were changing. This is permitted under an LCPS policy that allows students to use facilities corresponding to their chosen gender identity.
According to Ian Prior, a lawyer for the families and a senior advisor with America First Legal, the students' request for a solution was met with an unequal offer.
"One of the boys asked, ‘Hey, what can be done about this? We're not comfortable with a girl using a boy's locker room while we're changing after gym class,'" Prior explained. "And what did LCPS say? They said, ‘Well, you can use a private changing area.’ They didn't say that to the girl. So that's another equal protection problem.”
The situation escalated when LCPS launched a Title IX investigation into three of the boys who had complained. The investigation focused on allegations of sexual harassment and sex-based discrimination against them.
School District's Response and Parental Concerns
Following its investigation, LCPS dropped the inquiry into one of the students, who is Muslim. However, the district found the other two boys, who are Christian, to be in violation of Title IX for sexual harassment and sex-based discrimination.
Renae Smith, the mother of one of the boys found responsible, expressed relief over the judge's decision to halt the suspension.
"It gives me a lot of hope," Smith said. "LCPS violated my son's rights and turned around and punished him when they really should have been protecting him."
She also voiced concerns that other students might be afraid to speak up about similar issues. "I just wonder how many other boys... feel very strongly about sharing a restroom or a locker room with the opposite sex, but are terrified to speak up because they're going to get branded a sexual harasser?"
Additional Allegations
The case involves further complications. Reports indicate that the female student recorded the boys in the locker room. When the boys' parents requested that LCPS investigate this action as a potential Title IX violation, the school district reportedly declined to do so.
U.S. Department of Education Finds Title IX Violations
In a related development, the U.S. Department of Education's Office for Civil Rights announced that it found LCPS in violation of Title IX. The department concluded that the school district failed to properly respond to reports of sexual harassment in the boys' locker room.
Furthermore, the federal investigation found that LCPS retaliated against the male students by not treating all parties equitably during its grievance process. Craig Trainor, then Acting Assistant Secretary for Civil Rights, criticized the district's handling of the situation.
"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," Trainor stated.
The Department of Education gave LCPS a 10-day deadline to voluntarily enter a Resolution Agreement. This agreement would require the district to take several corrective actions to come into compliance with federal law.
Legal Goals and Future Steps
The families' legal team has stated their primary goal is to have the punishments against the boys reversed entirely. Josh Hetzler with the Family Foundation, another attorney for the boys, emphasized the need to clear their records.
"We have to make sure that these boys are vindicated, that their records are scrubbed clean of these false charges of sexual harassment and sex based discrimination," Hetzler said. He noted the potential stigma as the students apply to college, jobs, or the military.
The legal team is also seeking a public apology from the school district to repair the damage to the students' reputations. As of the latest reports, LCPS has not issued a public comment on the judge's order or the Department of Education's findings.
