District accused of conspiring against boys who opposed trans student in locker room
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The legal team representing two boys suspended for questioning a transgender classmate’s access to the boys’ locker room has filed an amended federal complaint alleging new factual allegations and a new conspiracy charge as they escalate their federal lawsuit against Loudoun County Public Schools (LCPS) in Virginia.
America First Legal and the Founding Freedoms Law Center, which represents the children and their families, added new factual allegations to their previously filed federal complaint Wednesday, alleging that LCPS engaged in a conspiracy to retaliate against the children. He also alleged inconsistencies in the district’s handling of the Title IX investigation, which found the boys guilty of sexual assault and suspended them for 10 days.
“Loudoun County Public Schools’ Title IX investigation of our clients inexplicably relied on unconvincing evidence, ignored credible witness testimony, failed to interview key individuals
It “deleted potential video evidence that would prove the innocence of witnesses and failed to disclose LCPS’s own admission that the allegations against our clients did not constitute sexual harassment,” said Ian Prior, senior counsel at America First Legal.
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Video of a transgender man in the men’s bathroom in the locker room at Stone Bridge High School. (Loudoun County Sheriff’s Office)
“Worse still, as we state in the amended complaint, the school board appears to have passed confidential information to a political action committee in an attempt to further retaliate against our clients and their families. If proven true at trial, and that is exactly what we intend to do, this entire affair is a travesty of justice, a waste of taxpayer money to defend, and everything that is wrong with the Loudoun County School Board and its misplaced priorities.”
Earlier this year, LCPS in Northern Virginia opened a Title IX Investigation into sexual harassment of two high school-age boys after they were videotaped in a locker room by a biological female who identifies as transgender. In the video, they were caught openly complaining to each other about a biological girl who identifies as male using their facilities.
Before taking the case to federal court, the boys and their parents attempted to appeal LCPS’s Title IX sexual abuse finding to prevent the boys from being suspended or marked as sexual abusers on their permanent records. But their objections were rejected by the district, prompting the families to file a lawsuit in federal court.
On Wednesday, the families ratcheted up tensions with new allegations not included in their original complaint, including that the district conspired with Loudoun for All, a local political action committee, to retaliate against the boys and their families.
The amended complaint also points to inconsistencies in the district’s Title IX investigation, including relying on uncredible evidence, ignoring credible evidence and witness testimony, misrepresenting evidence, failing to interview key witnesses, and failing to disclose potentially exculpatory evidence.
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Fox News Digital interviewed two Virginia parents accused of sexually abusing children after they filed a complaint about a biological girl who identifies as male using their locker room. (Fox News/istock)
The new complaint alleges that days after a federal court issued an injunction preventing LCPS from suspending the boys or making Title IX findings part of student records, the district reached out to Loudoun for All and engaged them in a press release and other messaging materials that contained “a series of false and defamatory allegations” that were used to create a public narrative against the boys and their families. Other materials, such as press releases and a timeline of lawsuit events, were listed on the political action committee’s website, Facebook page, Reddit account and Bluesky account, which allegedly also contained privileged, confidential information about the case, which was cited in a local media report titled “Loudoun4All Says Locker Room Lawsuit Against LCPS Contains False Information.”
Press release Loudoun For All accuses boys’ parents of being ‘conductors'[ing] He called it “a coordinated disinformation campaign that knowingly misrepresents the facts to fuel political anger” and argued that they were trying to “incite voters before the election.”
It was also alleged that 24 witnesses confirmed that while in the locker room, the boys called the female student, who identified as transgender, “girl”, “he”, “girl-boy” and told her to “get out”. But witnesses never corroborated these allegations, according to the boys’ legal counsel, and the female student’s accusations about when the abuse occurred appeared inconsistent.
Loudoun For All did not respond to Fox News Digital’s request for comment.
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Meanwhile, the complaint also alleges that LCPS failed to disclose that a female student said “got it” while laughing in a video cited as evidence against the boys in the district’s Title IX finding. The district allegedly deleted other videos the female student took of boys using the restroom or leaving the bathroom.
The amended complaint states that despite occasional inconsistencies in the female student’s story, they are cited with “superior credibility” by Title IX investigators in the district. Additionally, the threat assessment against the male students allegedly concluded that there was no threat and that the district previously found a situation similar to the current one, resulting in the district not finding any cause for sexual harassment under federal law.
LCPS declined to comment on the amended complaint, telling Fox News Digital that it is the district’s practice not to comment on pending legal matters.
A transgender flag flies (left) at an undisclosed location on an undisclosed date. The judge uses his gavel (right). (Getty Images/iStock)
Shortly after LCPS rejected the boys’ Title IX appeal, the U.S. Department of Education’s Office of Civil Rights found that LCPS had violated Title IX by discriminating against boys on the basis of sex. Specifically, the Department of Education’s Office for Civil Rights determined that LCPS “failed to meaningfully investigate sexual harassment complaints made by two male students regarding the presence of a person of the opposite sex in male private areas only, but did not comprehensively investigate the female student’s sexual harassment complaint regarding males.”
Both of the boy’s parents told Fox News Digital in August that they tried to voice their discomfort to school officials about their son’s female classmates using the locker rooms, but their complaints were ignored.
ASHBURN, VA – AUGUST 11: Supporters of Policy 8040 hold signs and celebrate the inclusion of transgender protections in the school system’s policies during a school board meeting at the Loudoun County Public Schools Administration Building on August 11, 2021 in Ashburn, Va. (Washington Post via Ricky Carioti/Getty Images)
The Trump administration has stated that LCPS will lose federal funding if it does not rescind the suspension and sexual harassment findings against the two boys, review its initial findings, and investigate their Title IX complaint against the female student for being videotaped in the locker room, which the boys’ lawyers say was ignored by the district.
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“The amended complaint we filed today reveals that Loudoun County Public Schools falsely targeted these children while ignoring numerous, credible threats to their privacy and safety,” said Victoria Cobb, President of the Constituent Freedoms Law Center. “As alleged, a female student repeatedly filmed male students, including while they were using the restroom, but Loudoun did nothing. Instead, Loudoun appears to have conspired with an outside political organization to continue his attacks on these children and their parents.”
The Trump administration also included LCPS in a list of five Northern Virginia school districts that violated Title IX for their locker room and bathroom policies. The Department of Education stated over the summer that as a result of this decision, districts’ federal funding would now be available “only through reimbursement,” and that the Trump administration had initiated actions that could potentially end those funds altogether.
