Virginia's Loudoun County Public Schools have suspended two high school boys after their interactions with a female student who identifies as male, and chooses to use the boys' locker room at school, WJLA reported on Tuesday.
Earlier this year, the school system initiated a Title IX probe into the students after they were recorded asking why there was a girl in the boys locker room. The female student who identifies as male made the video in the locker room, which is a violation of the school district's policy.
Attorney Josh Hetzler, who represents the families, said that the schools' Title IX Office conducted a probe based on that video and the male-identifying student's complaint and has now determined the two boys are responsible for sexual harassment and sex-based discrimination.
Hetzler said the punishment is a 10-day suspension, a no-contact order with the complainant, including not being able to be in any of the same classes and that the boys are required to meet with school administrators to determine a corrective action plan.
The suspension of the students comes after the Loudoun County School Board decided not to comply with the U.S. Department of Education's demands that the school system and other Northern Virginia districts reverse bathroom and locker room policies which permit students to use the facilities which match their chosen gender identity, not biological sex.
In July, the U.S. Department of Education declared that bathroom and locker room policies of Loudoun County and four other Virginia school districts violate Title IX.
However, on Friday, all five school systems announced they would not change policies, arguing that they are complying with a 4th Circuit Court of Appeals ruling in a case called Grimm v. Gloucester County in which it found refusing to allow a transgender student to use the bathroom that affirms their gender identity constitutes sex-based discrimination.
On Friday, the U.S. Department of Education told WJLA it had started the process of cutting federal funding to the five school districts, which could each cost them tens of millions of dollars annually.
One of the boy's parents told WJLA that "I would say the first reaction was some anger [and that we're] saddened by the decision-making process and how that went."
Renae Smith, the other parent, said "[we're] absolutely floored that they came back and branded my son responsible for sexual harassment and sex based discrimination with no solid evidence whatsoever. We're talking about scarring him for life by a biased process that's supposed to protect fairness, but it's shocking. It's wrong, and it should terrify every single parent."
Smith's concern is this will follow her son because it's on his permanent academic record, and could impact his college applications. The boys will be juniors in high school this fall, which is when students begin applying for colleges.
The Founding Freedoms Law Center, which has been representing the families in this case, said that they will keep on this case until this determination is overturned.
"The Founding Freedoms Law Center is working with our clients on next steps, but we are not going to let these boys go down without a fight. We're going to stand with them all the way till they are innocent," Family Foundation of Virginia President Victoria Cobb told WJLA. "Our clients have done nothing wrong, and they deserve to be deemed innocent. We've seen time and time again that Loudoun County, if given the opportunity to do the right thing, will instead do the wrong thing.
"LCPS, once again, shows that it is willing to harm students in the name of woke ideology, while every student is harmed when they do things like deny federal funds to kids' education. These boys in particular are being made examples of what happens when someone crosses school indoctrination."
Brian Freeman ✉
Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.