A Fairfax County mother has filed a federal civil rights complaint against the school district, alleging her 14-year-old daughter was subjected to sexual harassment. The complaint stems from an incident where a biological male student was reportedly present in the girls' locker room at West Springfield High School while students were changing.
The mother, Megan Smarz, took action after her daughter reported feeling uncomfortable and said school staff stated they could not intervene due to district policy. The case highlights an ongoing conflict between local school regulations on gender identity and federal Title IX interpretations.
Key Takeaways
- A mother filed a Title IX complaint with the U.S. Department of Education’s Office for Civil Rights.
- The complaint alleges her 14-year-old daughter's civil rights were violated when a male student was in the girls' locker room.
- The student reportedly told a teacher, who said nothing could be done due to school policy.
- Fairfax County's Regulation 2603 allows students access to facilities consistent with their gender identity.
- The incident has drawn attention from state political figures and is part of a larger legal battle over Title IX in Virginia.
Details of the Locker Room Incident
On the morning of Tuesday, September 2, Megan Smarz received a call from her daughter, a ninth-grade student at West Springfield High School. The student, referred to as "Jane" to protect her identity, was distressed by the presence of a tenth-grade male student in the girls' locker room as she and other girls were undressing.
According to Smarz, her daughter described the situation as unsettling. She recounted her daughter's words, stating the male student “just stands there and stares,” which made female students feel uncomfortable. Jane sought help from a teacher present in the area.
"She went to an adult, which is what we teach all of our children to do, and she could not understand why she was not heard," Smarz said.
The teacher’s response, as reported by Smarz, was that school policy prevented them from taking any action. "The teacher refused," Smarz explained. "She said that they could not do anything about it."
School Response and Parental Action
Immediately after the call from her daughter, Smarz contacted the school administration. She requested to speak with the assistant principal responsible for the freshman class but said she did not receive a prompt resolution.
"I was told that they would look into it and get back to me," Smarz stated. "They did not get back to me that day. They did not get back to me the next day." After multiple follow-up calls, she said the administration only referenced the district's "Student Rights and Responsibilities" handbook without offering a specific solution.
Fairfax County Regulation 2603
The school district's policy is detailed in its official handbook. Page seven states that students have "the right to access restroom and locker room facilities... that are consistent with the student’s gender identity." Regulation 2603 further specifies that "in no case shall a gender-expansive or transgender student be required to use a locker room or restroom that conflicts with the student’s gender identity."
Seeking advice, Smarz posted about the incident in a Facebook group for West Springfield parents. The post generated a mixed response, with some parents offering support while others criticized her for raising the issue publicly. The social media post was later removed by the group's administrator.
Filing a Federal Civil Rights Complaint
Frustrated with the lack of local resolution, Smarz retained legal counsel from the Defense of Freedom Institute, a Washington, D.C.-based organization. On Wednesday of that week, her lawyers filed a formal complaint with the U.S. Department of Education’s Office for Civil Rights (OCR).
The complaint alleges that her daughter was subjected to sexual harassment, constituting a violation of Title IX of the Education Amendments of 1972. This federal law prohibits sex-based discrimination in any school or education program that receives federal funding.
What is Title IX?
Title IX states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Its interpretation regarding gender identity is currently a subject of intense legal and political debate.
Smarz stated she chose to bypass the local school board and go directly to the federal level. "I was not filing a complaint with the school board, which has made it very clear... that it believes that if you claim you’re a girl you can go into the girls’ locker room," she said. "I was going directly to the Department of Education."
A National Issue with Local Impact
This case places a local family at the center of a contentious national debate over transgender student rights and school policies. The legal landscape in Virginia is particularly complex.
In July, the U.S. Education Department directed several Virginia school districts, including Fairfax, to end policies that allow students to use facilities based on gender identity. The department argued these policies violate Title IX and threatened to withdraw federal funding.
In response, Fairfax County and Arlington Public Schools filed a lawsuit against the U.S. Education Department in August. They argue that state rules requiring facility access to align with biological sex violate federal protections for transgender students.
Political Ramifications
The incident at West Springfield High has also attracted the attention of state-level politicians. Virginia Governor Glenn Youngkin commented on the situation, and Republican lieutenant governor Winsome Earle-Sears attended a Fairfax County School Board meeting to bring attention to the case.
This involvement highlights how a single incident reported by a 14-year-old student can become a significant point of contention in state and national politics. For Smarz, however, the motivation remains personal.
"My child knows that I am going to protect her and advocate for her at all times," Smarz stated. "I’m doing this as a mom, and that’s all that matters."
She added that her daughter's resolve has grown, not out of fear, but from frustration that her concerns were not addressed by school officials. "She’s just gotten angrier, because the school won’t listen. The school is dismissing the girls’ feelings."
