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WASHINGTON, D.C. – Today, America First Legal (AFL), in partnership with the Founding Freedoms Law Center (FFLC), has filed an amended complaint in its ongoing lawsuit against Loudoun County Public Schools (LCPS), adding new factual allegations and a new count of conspiracy. The filing details alleged inconsistencies in LCPS’s handling of a Title IX investigation and alleges that school officials shared confidential information with an outside political action committee to retaliate against AFL’s and FFLC’s clients—male students who expressed discomfort over a biological female student entering the boys’ locker room.
AFL’s amended complaint alleges that LCPS credited the female student with “superior credibility” despite findings that she changed her story multiple times; that a threat assessment of the male students found “no threat;” and that LCPS previously concluded similar allegations would not constitute sexual harassment under federal law. It further alleges that LCPS misrepresented video evidence and witness statements, while omitting information that contradicted its conclusions.
Among other details, LCPS failed to disclose that one of the videos it cited as evidence shows the female student laughing and saying, “I got it.” Witnesses also never corroborated claims that the male students used terms alleged by the female, such as “boy-girl,” “girl-boy,” or “it.” To make matters worse, the district appears to have deleted another video recorded by the female, showing another male student exiting the locker room.
AFL’s amended complaint also adds a count of conspiracy, alleging that LCPS officials provided confidential information to Loudoun for All, an outside political action committee, for the purpose of retaliating against the male students and their parents for filing their own Title IX complaint and this lawsuit.
“Loudoun County Public Schools’ Title IX investigation into our clients inexplicably relied on non-credible evidence, ignored credible witness testimony, failed to interview key witnesses, deleted potentially exonerating video evidence, and failed to disclose LCPS’s own admission that the allegations against our clients did not constitute sexual harassment,” said Ian Prior, Senior Counsel at America First Legal. “Making matters worse, and as we set forth in the Amended Complaint, it appears that the school board was passing along confidential information to a political action committee for the purpose of further retaliating against our clients and their families. If proven true at trial, and we intend to do exactly that, this entire affair is a travesty of justice, a waste of taxpayer money to defend, and everything that is wrong with the Loudoun County School Board and its misplaced priorities.”
"The amended complaint we filed today unveils Loudoun County Public Schools' sham targeting of these boys while it ignored numerous, credible threats to their privacy and safety. As alleged, a female student repeatedly filmed male students, including while using the bathroom, yet Loudoun did nothing. Instead, Loudoun appears to have conspired with an outside political organization to continue its attacks against these boys and their parents,” said Victoria Cobb, President of the Founding Freedoms Law Center.
The case, S.W. et al. v. Loudoun County Public School Board, continues before the U.S. District Court for the Eastern District of Virginia. AFL and FFLC will continue pursuing full accountability and relief for their clients.
Read the amended complaint here.
Read more about the case here.
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