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

LOUDOUN CO., Va. - Attorneys for a Loudoun County teen say he is under investigation for sexual harassment after what they say was an innocent exchange in the locker room. 

What we know:

Gov. Glenn Youngkin is asking Attorney General Jason Miyares to investigate Loudoun County Public Schools over a reported incident in a school locker room. 

It stems from allegations from several teen boys and their parents. The governor is calling this case a "violation" of student privacy.

The 15-year-old sophomore attends Stone Bridge High School. He and his family are represented by the Founding Freedoms Law Center. 

The backstory:

The boy's parents say the school district launched a Title IX investigation after he and other male students were recorded questioning why a girl was in the boys' locker room at Stone Bridge High School. One of the boys was heard saying he was "uncomfortable."

The boys say the student in question took the recording in secret in the locker room. FOX 5 is told the student identifies as male but presents as female. 

Gov. Youngkin has called the allegations alarming, writing in a statement, "Students who express legitimate concerns about sharing locker rooms with individuals of the opposite biological sex should not be subjected to harassment or discrimination claims."

The teenage boy's lawyer with the Founding Freedoms Law Center pointed out that LCPS is also currently under formal investigation by the U.S. Department of Education for its policies related to gender identity.

"This is yet another egregious example of how LCPS continues to defy state law on transgender policies as well as President Trump’s recent executive orders. This high school boy did absolutely nothing wrong, and LCPS needs to end this baseless investigation immediately," Josh Hetzler, Legal Counsel for Founding Freedoms Law Center and the Wolfes’ attorney said in a statement.

The other side:

Loudoun County disputes the allegations, telling FOX 5 that some of the information is false or misleading saying, "they would not investigate or discipline students based on personal opinions," but that they do investigate when student behavior violates the student rights and responsibilities handbook and student code of conduct.

"I'm here to speak on behalf of my son who has been wrongfully accused of a Title IX violation. In truth, he is a victim of a Title IX violation – ignored and unsupported by the very system that is supposed to protect him," said Rena Smith, mom of the student being investigated. 

"We need clear and consistent policies that create trust and not confusion for students, parents and staff," said Seth Wolfe, father of the student under investigation. 

What we don't know:

During the public comment, parents questioned if the student, who is accused of recording the group of boys in the locker room, is being investigated. That is not yet clear.

Right now, it is unclear and the school district says it can't comment on specifics due to privacy laws.