Amended Complaint filed in “Loudoun 3” Case
Yesterday, the Founding Freedoms Law Center (FFLC), in partnership with America First Legal (AFL), filed a substantially amended Complaint in federal court on behalf of two boys who were punished and labeled as “sexual harass[ers]” by Loudoun County Public Schools (LCPS) for simply expressing confusion and discomfort about a female being in their boys’ locker room. You can access the Amended Complaint HERE.
FFLC and AFL were forced to file the original Complaint on extremely short notice because LCPS decided to suspend the boys for 10 days and gave us less than one day notice, requiring us to go to court immediately to request emergency relief, which was granted. This Amended Complaint significantly expands the factual allegations and includes an additional legal claim of conspiracy by LCPS to retaliate against the boys and their parents.
More specifically, the filing details 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 our clients. The 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.
LCPS also 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.
Ultimately, the Amended Complaint 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.
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. FFLC and AFL will continue pursuing full accountability and relief for our clients.