A school district in Virginia is under scrutiny following allegations that it failed to address a situation involving a transgender-identifying student in the girls’ locker room. The Fairfax County Public Schools (FCPS) faces a complaint filed by the Defense of Freedom Institute (DFI), which claims that administrators were “deliberately indifferent” to reports of harassment against female students.
The incident, which occurred on September 2, 2023, involved a 14-year-old female student who reported encountering a male student, identifying as female, while changing in the girls’ locker room at West Springfield High School. According to the complaint, this student had facial hair and wore tight pants that allegedly outlined his genitalia. The female student informed a teacher about the situation, but was reportedly told that there was nothing that could be done regarding the boy’s presence in the girls’ designated space.
The issue escalated when the girl’s mother attempted to contact school officials multiple times but received no response. Just two days later, a school official suggested that the student could change in a unisex bathroom to avoid being in the boys’ presence. The complaint alleges that the male student re-entered the girls’ locker room on September 10, prompting another female student to take a photo of him watching the girls.
The DFI indicates that a school resource officer was informed about the photograph, which was then brought to the attention of school administrators. Despite this, the complaint states that assistant principals decided not to take action against the boy, who they continued to refer to using male pronouns. While administrators informed the female student that she could file a Title IX complaint, they maintained that it would not impact the boy’s access to the girls’ locker room.
FCPS policies currently stipulate that students have the right to use facilities that align with their gender identity. The policy also asserts that students uncomfortable with changing alongside someone of the opposite sex should be provided with a “reasonable, non-stigmatizing alternative.” Importantly, it emphasizes that no transgender or gender-expansive student should be forced to use facilities that conflict with their gender identity.
According to the DFI, a 2020 amendment to Title IX requires institutions receiving federal funds to actively address sexual harassment in their educational programs. The organization asserts that the behavior exhibited by the male student constitutes “unwelcome conduct,” which was reported by female students to school staff. The complaint criticizes the school for adhering to policies that allegedly prioritize the rights of transgender students over the safety and privacy of other students.
The DFI is urging the Department of Education to notify FCPS that failure to comply with federal law regarding sex-separated spaces could lead to the loss of federal funding. As of now, FCPS has not responded to requests for comment.
This complaint comes amid a broader legal dispute involving FCPS and Arlington Public Schools, which are facing threats from the Trump Administration to rescind federal funding unless they change policies that allow students to use bathrooms and locker rooms corresponding to their gender identity. The situation in Virginia is not isolated; Loudoun County Public Schools is also grappling with legal challenges over similar complaints regarding transgender students’ access to facilities.
As schools navigate these complex issues, the balance between ensuring the rights of transgender students and addressing the concerns of others remains a contentious topic. The outcome of this complaint could impact policies and practices not only in Virginia but potentially across the United States.