Loudoun County Public Schools violated Title IX, Education Department says

ASHBURN, Va. - Loudoun County Public Schools violated Title IX, the Department of Education ruled on Tuesday, saying that the district discriminated against two male students who were recorded in the boys' locker room.

The backstory:

Last school year, LCPS launched an investigation into claims of sexual harassment after an incident in one of the locker rooms at Stone Bridge High School in Ashburn. 

PREVIOUS COVERAGE: Title IX investigation sparks controversy in Loudoun County locker room privacy case

Parents told FOX 5 that a group of male students were questioning why another student — one who identifies as male, but presents as female — was in the boys' locker room. One of the male students said he was "uncomfortable." The student they were questioning recorded the interaction.

PREVIOUS COVERAGE: Loudoun County students suspended amid boys' locker room Title IX probe

Families on both sides made sexual harassment complaints to the school, and eventually, LCPS suspended two of the teen boys who were recorded.

What we know:

On Tuesday, the Department of Education ruled that LCPS discriminated against the two boys who were suspended.

In their ruling, the DOE wrote that its "investigation revealed a sex-based double standard: Loudoun County failed to meaningfully investigate complaints of sexual harassment by two male students concerning the presence of a member of the opposite sex in male-only intimate spaces yet thoroughly investigated the female student’s sexual harassment complaint about the boys."

Dig deeper:

In addition to the Department of Education's announcement Tuesday, a federal judge granted a temporary restraining order to one of the boys who was suspended, making him eligible to return to school on Wednesday.

The other boy who was suspended no longer goes to a Loudoun County Public School, according to court documents. 

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The other side:

LCPS has maintained that they would never suspend a student "simply because they expressed some kind of discomfort. A reading of our Title IX resources should make it clear that there is a high bar to launch a Title IX investigation and an even higher bar to determine a student is in violation of Title IX."

Dig deeper:

The incident has led to protests over the schools policies, including from parents and even Virginia Lt. Gov. Earle-Sears.

Earlier this summer, the Education Department also found that LCPS was one of five school divisions in Northern Virginia whose policies, which allow students access to locker rooms which align with their gender identity rather than their sex, violated Title IX. 

The Education Department is now looking to withhold federal funds from the schools.

What's next:

There is another court date on Friday, where the judge will rule on a preliminary injunction to stop the suspension. Because of the judge's temporary restraining order, the student who still attends LCPS will be eligible to return to class on Wednesday.

In the meantime, the Education Department has given Loudoun County Public Schools 10 days to enter the Department's Resolution Agreement, which would require LCPS to rescind the suspensions and issue apology letters, among other things.