Loudoun County settles with students after 10-day suspension suit

Loudoun County School Board reached a settlement with the families of male students who sued after the district sought 10-day suspensions and Title IX findings tied to a locker-room recording, plaintiffs’ counsel said, ending the federal litigation.

The suit, filed as S.W. et al. v. Loudoun County School Board, challenged disciplinary action taken after a biological female student who identifies as male was permitted into the boys’ locker room under Loudoun policy and in March 2025 recorded audio and video of two male students. Parents on both sides filed Title IX complaints, and Loudoun County Public Schools’ investigation found two boys responsible for Title IX sexual harassment and discrimination and ordered 10-day suspensions that were entered on the students’ academic records as they prepared to apply to college.

Plaintiffs’ lawyers had moved for emergency relief to prevent enforcement of the suspensions and the placement of Title IX findings on school records. A temporary restraining order issued in September was later expanded by a federal court preliminary injunction, which barred the district from enforcing at least one suspension and from entering a Title IX sexual-harassment notation on students’ personal records while the case proceeded. Those procedural rulings, and the judge’s subsequent statements urging settlement because of the potential lifelong consequences of Title IX findings, preceded the reported agreement.

The U.S. Department of Education’s Office for Civil Rights separately found that Loudoun County Public Schools violated Title IX by discriminating against male students on the basis of sex and by failing to treat the parties equitably in its grievance process. In July and August 2025, OCR concluded that five Northern Virginia school divisions, including Loudoun, had policies allowing students to use bathrooms and locker rooms based on gender identity rather than biological sex; the Department designated the divisions high-risk and placed them on reimbursement status for more than $50 million in federal funds after the districts rejected a proposed resolution agreement.

Judge Leonie M. Brinkema dismissed three counts of the original 12-count complaint, declined to allow the U.S. Department of Justice to intervene, and left nine counts standing as the case moved through the Eastern District of Virginia. Plaintiffs’ counsel from the Founding Freedoms Law Center and America First Legal had urged the court to block enforcement of the suspensions and to protect the students’ records.

Victoria Cobb, president of the Founding Freedoms Law Center, said in a statement: “We’re glad that our clients and Loudoun County were able to reach an agreement that ends this litigation. We hope that, in the future, as a result of the attention brought to this situation and our efforts to help vindicate these boys, Loudoun County will have an even greater incentive to protect vulnerable students from the harms of gender ideology.” Ian Prior, senior counselor at America First Legal, added: “We are pleased with the result after today’s hearing and appreciative of the time and energy that the judge took in listening to our arguments and crafting a decision. We look forward to litigating this case on behalf of our clients.”

Loudoun County Public Schools declined a detailed response. The district told a local TV station, “We cannot comment.” In a written statement to a local outlet, LCPS Chief Communications and Community Engagement Officer Natalie Allen said: “Loudoun County Public Schools (LCPS) is aware of the rulings issued by the U.S. District Court for the Eastern District of Virginia earlier today, to include the denial of the Motion to Intervene filed by the U.S. Department of Justice, as well as the dismissal of certain claims raised in the lawsuit. Given that this matter continues to be in pending litigation, and consistent with LCPS's practice, LCPS declines to further comment on this matter at this time.”

The settlement notice provided by plaintiffs’ counsel did not disclose a date or the terms, including whether Title IX entries will be expunged or whether any monetary or policy remedies were included. Community fundraising during the litigation had raised roughly $130,000 for the families. The case leaves unresolved questions about the district’s Policy 8040, the management of sex-segregated facilities, and how OCR’s enforcement posture will shape school discipline and student records in Northern Virginia going forward.