Virginia district faces possible Title IX violation over locker-room access

A Virginia school district is facing a possible Title IX violation after a civil rights complaint alleged that female students were dismissed when they raised concerns about a male peer with facial hair using the girls’ locker room at West Springfield High School. The complaint, filed by the conservative nonprofit Defense of Freedom Institute, describes a Sept. 2 incident in which a 14-year-old freshman girl saw a male sophomore with facial hair inside the girls’ locker room just before a gym class. The document says the student identifies as female and has reportedly used the boys’ locker room and bathroom as well.

According to the complaint, the girl and other students contacted school staff over the following two weeks seeking a remedy. The complaint contends that administrators did not adequately address the concern. It says a staff member informed the girl’s mother that a staff member had instructed the boy not to enter the locker room during a review of the matter, but the complaint asserts that school leaders would not stop him from continuing to use the space. The parents were told that single-occupancy, unisex bathrooms could be used instead, but the complaint alleges these measures were not consistently applied. On Sept. 22, the document states that administrators shortened the freshman girls’ locker-room time to allow “the boy to use the locker room after them without being in their presence,” and that the boy would then be able to enter the locker room to change with other female students in his grade.

Following the episode, the complaint says the school told the girl’s mother that the boy has a right to use the girls’ locker room because he identifies as female. Fairfax County Public Schools did not immediately respond to questions on Wednesday afternoon. The district has been described by the complaint as allowing boys in girls’ facilities as part of its transgender policies, a characterization the district has contested in other contexts.

The District is among a broader national discussion about transgender policy in public schools and Title IX enforcement. In the briefing tied to the complaint, Defense of Freedom Institute President and cofounder Bob Eitel argued that Fairfax County should lose federal funding until it complies with Title IX, citing what he described as repeated violations and noncompliance with federal requirements. The district’s superintendent, Michelle Reid, has stressed the district’s commitment to a safe, supportive, and inclusive environment for all students and staff, including transgender and gender-expansive students.

Fairfax County officials did not respond to a request for comment sent after the complaint was filed. Officials familiar with the issue told The Post that Fairfax County is among districts facing scrutiny over transgender bathroom and locker-room policies and federal funding implications as Education Department guidance and investigations continue to unfold. The Post reported that federal funding implications could hinge on how school systems implement policies around gender identity and access to intimate facilities.

The case underscores ongoing tensions around how schools balance the rights and safety of all students in locker-room and bathroom settings, the role of Title IX in such policies, and the degree to which districts should adjust facilities access to accommodate gender-expansive students. Education policy observers say the outcome will depend on the specifics of the complaint’s findings and any forthcoming federal review, as well as the district’s response to court and administrative processes. The investigation or any potential enforcement actions could have broad implications for other districts grappling with similar questions about gender identity, safety, and privacy.