Virginia to investigate Loudoun schools over locker room incident

Virginia Attorney General Jason Miyares (R) announced that he would investigate Loudoun County Public Schools over its handling of an incident in the boys’ locker room at Stone Bridge High School.

Authorities have shared few details about the incident, with Loudoun schools officials saying they could not offer specifics because of student privacy.

Founding Freedoms Law Center, which is representing the families of three teen boys involved in the incident, contend that the school district is wrongly investigating the youths for alleged sexual harassment. The center said in a news release that the teens had questioned why there was “a girl changing in the boys’ locker room” and expressed discomfort with that student’s presence.

The release states that the student allegedly filmed the boys making these remarks and filed a complaint to school officials, which resulted in an investigation under Title IX, the federal law banning sex discrimination in schools. The incident was first reported by WJLA on Monday, with the state probe announced the next day.

“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,” Gov. Glenn Youngkin (R) wrote in a statement announcing the investigation by Miyares’s office. “Even more alarming, the victims of this violation are the ones being investigated — this is beyond belief.”

The gender identity of the fourth student could not be confirmed. Loudoun County schools’ policy allows students to use facilities that match their gender identity — a practice that is the subject of an investigation launched earlier this year by the U.S. Department of Education.

Seth Wolfe, the father of one of the boys, said in the news release from the center that his 15-year-old son was being “unfairly targeted for simply asking a basic question that any boy would be asking in that situation.”

“It’s astonishing that Loudoun school officials are subjecting him to a formal investigation for a bogus charge that could derail his life,” Wolfe said in a statement.

After the WJLA report, Loudoun County Public Schools said in a news release that the district “would not investigate or discipline students based on their personal opinions, thoughts, or beliefs, provided those expressions do not violate policies prohibiting hate speech, discriminatory language, threats, or other forms of harmful or disruptive conduct.”

“LCPS will not discuss the specifics of the incident publicly,” schools spokesman Dan Adams wrote. “Student privacy is a fundamental right protected by both policy and law, and LCPS is firmly committed to upholding that principle without exception.”

Under Title IX, schools are required to investigate complaints of discrimination on the basis of sex, which includes gender identity, and involve cases of sexual harassment and assault.

Dozens of complaints are filed each year to the Loudoun Title IX officer, but certain criteria must be met for an investigation to be opened. For sexual harassment, the complaint must meet the definition of “unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity,” according to the district’s website.

Natalie Allen, Loudoun’s chief communications officer, said more than 30 Title IX cases were investigated in the district during the 2023-24 school year.

The new investigation by Miyares comes four years after Loudoun drew national attention over how the school system handled two sexual assaults committed by one student at two high schools. Because the teenage assailant was wearing a skirt during one of the assaults, the district was scrutinized over its policy allowing transgender students to use bathrooms that match their gender identity. The student, who was convicted, did not identify as transgender.

The case played out in 2021 as Youngkin was running for governor. One of his first acts in office was to direct Miyares to launch a grand jury investigation into the school system. That investigation resulted in the firing of the superintendent and led to court proceedings for him and another school official.

In 2023, Youngkin also issued guidance calling for school districts to suggest that students use facilities, including bathrooms and locker rooms, that match their biological sex. Some state school districts, included Loudoun, did not adopt policies that follow that guidance.

On Wednesday, Loudoun4All, a parent group that fights for justice and equity, released a statement noting parallels between the two investigations, including that the state probe comes months before a gubernatorial race in November. Under state law, Youngkin is not eligible for reelection.

“We urge everyone to take a step back, wait for the facts, and let the appropriate processes play out before jumping to conclusions,” the group wrote.

By Karina Elwood

Karina Elwood is a staff writer at The Washington Post covering Virginia schools and education.@karina_elwood