District accused of conspiring against boys who opposed trans student in locker room

The legal team representing two boys suspended for questioning about 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 action. Federal case v. Loudoun County Public Schools (LCPS) in Virginia.

America First Legal and the Constituent Freedom Law Center, which represents the boys and their families, added new factual allegations to their previously filed federal complaint on Wednesday, alleging that LCPS engaged in a conspiracy to retaliate against the boys. She also claimed there were alleged inconsistencies in the district’s handling of its Title IX investigation, which found the boys guilty of sexual harassment and suspended them for 10 days.

“Loudoun County Public Schools’ Title IX investigation into our clients inexplicably relied on unreliable evidence, ignored reliable witness testimony, and failed to conduct a key interview.”
“It omitted video evidence that potentially exculpated witnesses, and failed to disclose that LCPS acknowledged that the allegations against our clients did not constitute sexual harassment,” said Ian Pryor, chief legal counsel at America First Legal.

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Video from the Stonebridge High School locker room where a transgender man was in a men’s bathroom. (Loudoun County Sheriff’s Office)

“To make matters worse, as we explain in the amended complaint, it appears that the school board was passing confidential information to the political action committee for the purpose of further retaliation against our clients and their families. If proven true at trial, as we intend to do exactly that, this entire case is a travesty of justice, a travesty of justice.” Tax payers money For the defense, everything that is wrong with the Loudoun County School Board and its misplaced priorities.

Earlier this year, LCPS, located in Northern Virginia, launched a program Title IX Investigation into sexual harassment of two high school-age boys after they were videotaped by a biological female who identified as transgender inside the boys’ locker room. The video showed them ostensibly complaining to each other about the fact that there was a biological girl who identified as a boy using their facilities.

Before the case went to federal court, the boys and their parents sought to appeal LCPS’s sexual harassment determination under Title IX to prevent the boys from being suspended or marked as sexual predators on their permanent record. However, the district ultimately denied their appeal, prompting the families to file suit in federal court.

On Wednesday, the families stirred up tension with new allegations not made in their original complaint, including that the district conspired with the local political action committee, Loudoun for All, for the purpose of retaliating against the boys and their families.

The amended complaint also cites inconsistencies in the district’s Title IX investigation, such as relying on unreliable evidence, ignoring reliable 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 whose children were accused of molestation because they complained about a biological girl who identified as a boy using their locker room. (Fox News/iStock)

The new complaint alleges that days later in federal court He issued a preliminary order Prohibiting LCPS from suspending the boys or making Title IX results part of their student record, the district reached out to Loudoun For All and supported them with a press release and other messaging materials that included “a number of false and defamatory allegations” used to create a public narrative against the boys and their families. Press releases and other materials, such as a timeline of events in the case, were listed on the political action committee’s website, Facebook page, Reddit account and Bluesky account, and also allegedly contained confidential and privileged information related to the case mentioned in a subsequent local media report titled “Treasury Room Lawsuit Against LCPS Contains Misleading Information, Loudoun4All Says.”

Loudoun For All’s press release accused the boys’ parents of being an “orchestra player.”[ing] A coordinated campaign of misinformation, deliberately distorting facts to incite political anger,” and argued that they were trying to “inflame voters ahead of the election.”

She also claimed that 24 witnesses confirmed that the boys called the student, who identifies as transgender, “girl”, “ho” and “boy girl” and told them to “get out” while inside the boy’s locker room. But, according to the boys’ legal counsel, witnesses never corroborated the allegations, and the student’s accusations about when the molestation occurred appear 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 the video cited as evidence in the district’s ninth ruling against the boys included the student saying “I get it” and laughing. She adds that the district deleted another video clip taken by the student of boys using or leaving the bathroom.

The amended complaint notes that despite the occasional inconsistencies in the student’s story, she was given “superior credibility” by the district’s Title IX investigators. Furthermore, it claims that a threat assessment of the male students found no threat and that the district had previously concluded that a situation similar to the current one resulted in no cause for sexual harassment being found 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.

The transgender flag waves in an unknown location and at an unknown date (left). The judge uses his gavel (right). (Getty Images/iStock)

Shortly after LCPS denied the boys’ Title IX appeal, the U.S. Department of Education’s Office for Civil Rights found that LCPS violated Title IX by discriminating against the boys on the basis of sex. Specifically, the Department of Education’s Office for Civil Rights determined that LCPS “failed to meaningfully investigate complaints of sexual harassment by two male students regarding the presence of an individual of the opposite sex in male-only intimate spaces, yet thoroughly investigated the female student’s sexual harassment complaint regarding boys.”

The boy’s parents told Fox News Digital in August that their sons tried to express their discomfort to school officials about their classmate’s use of the locker room, but they Complaints fell on deaf ears.

ASHBURN, VIRGINIA – AUGUST 11: Supporters of Policy 8040 celebrate with signs as transgender protections were voted into school system policies during a school board meeting at the Loudoun County Public Schools Administration Building on August 11, 2021 in Ashburn, Virginia. (Ricky Carioti/The Washington Post via Getty Images)

The Trump administration has indicated that LCPS will lose federal funding if it does not overturn the suspensions and sexual harassment findings against the two boys, review the preliminary findings, and investigate the Title IX complaint the boys filed against the female student for videotaping in the locker room, which the boys’ attorneys say the district ignored.

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“The amended complaint we filed today exposes the false targeting of these boys by Loudoun County Public Schools, while ignoring numerous credible threats to their privacy and safety,” said Victoria Cobb, president of the Constituent Freedom Law Center. “As alleged, a female student repeatedly photographed male students, including while using the bathroom, but Loudon did nothing. Instead, Loudon appears to have conspired with an outside political organization to continue its attacks against these boys and their parents.”

The Trump administration also listed LCPS among five Northern Virginia school districts in violation of Title IX because of its locker room and bathroom policies. As a result of the decision, federal funding to districts will now be “by reimbursement only” and the Trump administration has begun action to end their funding entirely, the Education Department noted over the summer.