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FIRST ON FOX – TwTwooys from Virginia who faced suspension after voicing concerns about a transgender classmate in their locker room have received emergency relief from a federal court.
Earlier this year, the Loudoun County Public Schools district initiated a Title IX sexual harassment investigation into the two high school boys after they were filmed by a biological female identifying as transgender while in the boys’ locker room. The footage captured them expressing discomfort about a girl using their facilities.
This incident led to a Title IX investigation by the Northern Virginia school district, which concluded that the boys were guilty of sexual harassment, marking their permanent records and resulting in a 10-day suspension.
The boys’ families and their legal team contested the district’s Title IX findings, but their appeal was rejected. Subsequently, the families escalated the matter to federal court. Shortly after filing, a judge granted emergency relief, reinstating the boys’ status while the case is processed.
PARENTS: VIRGINIA BOYS SUSPENDED AFTER QUESTIONING TRANSGENDER LOCKER ROOM POLICY WERE IGNORED BY SCHOOL
“We are very pleased with the Court’s decision and we look forward to fighting on behalf of our clients,” stated Ian Prior, senior counselor at America First Legal (AFL), which partnered with the Founding Freedoms Law Center for the case in federal court.
One boy’s family relocated out of state, while the other continues attending school in the Loudoun County district. Although the suspension was previously paused during the appeal process, it resumed after the district’s denial last week. However, the court’s recent emergency order has once again halted the suspension.
Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia noted that evidence suggested that maintaining the one boy’s suspension for the first 10 days of school could result in “irreparable harm.”
“To issue a temporary restraining order, a plaintiff must demonstrate a likelihood of success on the merits, probable irreparable harm without relief, a favorable balance of equities, and that an injunction serves the public interest,” the judge explained. “The loss of 10 days of in-person school early in the school year could have serious negative effects on [the plaintiff]. It appears that [the plaintiff] has not interacted with the complaining student or communicated about that student. Therefore, the Court finds that the balance of equities favors [the plaintiff], as he is likely to experience irreparable harm without a temporary restraining order… The Court also believes that the public interest is best served by ensuring high school students remain in school and receive due process prior to suspension.”
Brinkema acknowledged uncertainty regarding the plaintiffs’ chances of success on their claims but found the allegations presented by the parents and their legal team to be “troubling.”
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The lawsuit filed by AFL and the Founding Freedoms Law Center seeks to have the “false Title IX charge” of sexual harassment removed from the boys’ records, an immediate end to their suspension, and compensation for “severe emotional, reputational, and educational harm.”
“This isn’t just about our sons — it’s about every child in Loudoun County. If the district can weaponize Title IX in this manner, no family is safe,” said Seth Wolfe, the father of one of the boys. “No parent should have to fear their child will be labeled a ‘sexual harasser’ simply for standing up for their privacy.”
The Loudoun County Public Schools district has not yet responded to a request for comment from Fox News Digital.
