ARLINGTON, Virginia — Virginia Attorney General Jason Miyares wants school districts in northern Virginia to face consequences for going against federal mandates and allowing biological men in female bathrooms and other private spaces.
Fairfax County Public Schools and Arlington County Public Schools allow students to use restrooms and locker rooms based on gender identity, regardless of biological sex. Miyares and the Department of Education see this as a violation of Title IX.
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The Department of Education placed FCPS and APS on “high-risk” status for their federal funding due to the Title IX violation. This means the schools have not lost federal funding, but will not automatically receive government money and must request cost reimbursements. The school districts have filed emergency requests for an injunction to receive funds up front.
Miyares filed two amicus briefs in the U.S. Court of Appeals for the 4th Circuit to block FCPS and APS’s attempts to automatically get federal funding. The Virginia Attorney General’s Office wants the courts to allow the Department of Education to enforce consequences when school districts violate Title IX. Two specific cases led to these briefs.
In Fairfax County, a boy was allowed to enter the girls’ locker room and watch them change clothes before a West Springfield High School physical education class. When the girl complained, the teacher said nothing could be done because the boy identified as female. Defense of Freedom Institute filed an Office for Civil Rights complaint on behalf of a mother and her daughter who want their school to follow the law and protect girls’ rights by separating the school locker room by biological sex.
“The idea that you have a situation of a freshman girl that walks into a locker room and complains to her superiors that a boy with facial hair is watching her undress, and the end result from the school to the 14-year-old, ‘undress and change faster,’ This is Exhibit A of what I’ve said before, of people being so open minded their brain falls out,” Miyares told Washington Examiner. “This is shocking to me that we’re even having this debate.”
In Arlington County, a repeat sex offender was able to enter the female locker room at Washington-Liberty High School by claiming to be transgender. Cox is currently in jail and on trial in Arlington County for over 30 charges, including indecent liberties with a child and indecent exposure. Washington-Liberty has an aquatic center with a pool and locker rooms available to the public. During Cox’s last court appearance, an Arlington detective said in her testimony that Cox had saved children’s swim class schedules and had child pornography on his phone.
“It is clear, given his past conduct and that he sought children out in a very deliberate, systematic manner for sexual gratification,” Miyares said during a press conference. “The reality is he should have never been in that position.”
Cox had frequently visited other recreation centers in Fairfax County, but no charges were filed despite complaints. Miyares has called for the Fairfax County commonwealth attorney to resign for refusing to investigate or hand over the case, even with the new evidence.
The Washington Examiner contacted Arlington Public Schools Superintendent Dr. Francisco Durán to ask if the county will change its policy regarding who is allowed to enter restrooms and locker rooms due to the Cox incident.
“Additional signage was added in our aquatic centers and guidance was provided to patrons about facility usage,” Durán said. “Additionally, we now require a 100% ID check against the sex offender database before being allowed to enter any APS pool. APS has also assigned a school safety coordinator to each pool to help manage and monitor pool safety and security and oversee visitor management. On weekends, APS contracts with an outside security vendor to provide coverage.”
When pressed again on whether men will still be allowed in the female locker room, Durán responded, “APS permits individuals to use locker rooms that correspond to their gender identity.”
The additional signage is labeled “Locker room rules and etiquette.” It requires patrons to close the shower curtains and “cover intimate body areas while using shared spaces” in an attempt to be “mindful of modesty.”
According to Washington-Liberty’s aquatic center employees, Cox would undress completely and walk around the small locker room for hours. He was arrested when he was caught fully naked in the shower stall with the curtain open, performing a lewd act in front of a 5-year-old girl.
An Arlington police officer said during his testimony that he waited for over an hour for Cox to come out of the women’s locker room. The officer said he gave up waiting, went into the locker room, and found Cox sitting naked on a bench.
Cox, who identifies as a woman, repeatedly requested that the judge make the prosecutor use female pronouns. The judge declined.
Cox’s next court date is Oct. 3 in the Arlington County Courthouse. Adrian Perry, the director of victim services with the Virginia Attorney General’s Office, told the Washington Examiner she believes he will elect to represent himself to intimidate witnesses.