A northern Virginia school district dropped its Title IX sexual harassment investigation into a Muslim student who allegedly complained about sharing a locker room with a biological female who identifies as transgender, while adding additional Title IX violations against two Christian students involved in the same incident, their lawyer says.
The three high school students, who are sophomores at Stone Bridge High School in Loudoun County Public Schools (LCPS), were placed under a Title IX investigation for “sexual harassment” after “expressing confusion and discomfort” over a transgender male student being in the boys’ locker room during PE class in March, according to their attorney, Founding Freedoms Law Center legal counsel Josh Hetzler.
Under LCPS policy, students are allowed to use the locker room and restrooms that correspond with their gender identity.
Hetzler says the district’s Title IX office notified his Muslim client that the sexual harassment allegation against him had been dismissed. However, the district refused to drop the sexual harassment allegation against his other two clients, who are Christian, and slapped them with an additional charge of “sex-based discrimination.”
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In its dismissal letter, LCPS said that the Muslim student’s alleged conduct, even if proved to be true, “would not constitute sexual harassment” as defined in its Title IX regulations.
Hetzler’s other two clients received a letter from LCPS on the same day informing them they were still under investigation for sexual harassment and, now, sex-based discrimination, under Title IX.
While Hetzler is grateful for the dismissed probe against one of his clients, he argued all three students’ cases should be dismissed.
“If your reason for dismissing it against our Muslim client is that — even if proven, even if true — this would not be a Title IX violation, then it must also be true that it’s not a Title IX violation for our other clients,” he told Fox News Digital. “So it’s just really baffling that they would do this.”
He accused LCPS of “clear religious discrimination” and suspects the district is backing off the probe into his Muslim client for political reasons, as the Muslim community is a “key constituency” in Loudoun County.
“We find this to be outrageous, and we’re pushing back,” he added.
If found guilty, the students could face suspension or expulsion and would have the violation on their record, Hetzler says.
“Often times the process is the punishment,” he added. “They shouldn’t be investigated.”
In audio of the taped locker room incident obtained by Fox News Digital, male students can be heard asking, “Why is there a girl? I’m so uncomfortable there is a girl. A female, bro, get out of here.”
LCPS told Fox News Digital it was restricted legally from being able to share specifics about Title IX investigations.
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A spokesperson said the district was “committed to providing a safe and inclusive educational environment for all students, employees, and community members” and that its Title IX process “follows applicable federal law.”
The district previously pushed back on the allegations it was investigating students based on their viewpoints.
“To be absolutely clear: Loudoun County Public Schools (LCPS) 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 said in a statement to Fox News Digital in May. “However, LCPS does investigate and may take disciplinary action when student behavior violates LCPS’ Student Rights & Responsibilities Handbook for Families and Student Code of Conduct.”
The district’s gender policy was recently challenged by Virginia’s Republican Attorney General, Jason Mirayes, and is now being investigated by the Justice Department. The district was already under a Title IX investigation by the U.S. Department of Education over its gender identity policies.
The Biden administration updated Title IX regulations in 2021 and 2022 to expand protections for LGBTQ+ students, interpreting the law’s prohibition on sex discrimination to include gender identity and sexual orientation.
Under then-President Joe Biden’s interpretation, transgender students were allowed in women’s sports, bathrooms, changing room facilities and in other educational programs.
Soon after taking office, Trump’s Department of Education notified K-12 schools that it would be reversing Biden’s re-write of Title IX and enforce these protections on the basis of biological sex in schools and on campuses.
Fox News’ Jamie Joseph contributed to this article.
