A Virginia school district dropped a Title IX investigation into a Muslim student who said he was uncomfortable sharing a locker room with a female. However, two Christians involved in the same incident had additional charges added to their investigations.

Now, an attorney for all three boys is accusing the district of religious discrimination.

In March of this year, a transgender-identifying female student recorded three Stone Bridge High School boys expressing concern about sharing a locker room with a member of the opposite sex. The female student had long been using the male locker room, one of the students’ fathers told 7News’s Nick Minock. Though filming in a locker room violates district policy, the Loudoun County Public Schools (LCPS) opened a Title IX investigation into the boys. 

However, LCPS has since dismissed a “sexual harassment” charge against one of the boys, saying “the conduct alleged would not constitute sexual harassment” even if it were proven. That same day, the LCPS Title IX Office gave an additional charge of “sex-based discrimination” to the other two. The boy whose charge was dismissed is Muslim, while those who were given additional charges are Christian.

FFLC Legal Counsel Josh Hetzler, the three boys’ attorney, said, “This is now a case of clear religious discrimination against our two Christian clients. While we celebrate the dismissal of our Muslim client from LCPS’s Title IX ‘sexual harassment’ investigation, there is absolutely no basis for keeping this going against the two Christian boys. The same facts were alleged against them all, yet the only difference is their faith.” 

While LCPS spokesman Dan Adams was unable to comment on the specific Title IX investigation, he told NR, “Loudoun County Public Schools is committed to providing a safe and inclusive educational environment for all students, employees, and community members.”

“LCPS’ Title IX process follows applicable federal law and is a comprehensive and objective procedure that includes assigning external, non-LCPS decision makers for Title IX determinations and assigning external, non-LCPS appellate decision makers for appeals of Title IX determinations. Such external, non-LCPS decision makers and appellate decision makers are subject matter experts in best practices in Title IX compliance,” he said.

In May, Virginia Attorney General Jason Miyares launched an investigation into LCPS because of its response to the boys’ concerns. Governor Glenn Youngkin said, “It’s deeply concerning to read reports of yet another incident in Loudoun County schools where members of the opposite sex are violating the privacy of students in locker rooms.” He said the investigation into the “victims of this violation” was “alarming.”

The U.S. Department of Education is also investigating various school districts in northern Virginia for their gender policies, including LCPS. 

Loudoun County Public Schools first gained national attention in 2021 when a male student wearing a skirt sexually assaulted a female student at Stone Bridge High School. He was then transferred to a different school in the district, where he assaulted another female student.