A newly released video appears to show that three male students did not harass a biological female, who identifies as male, in the boys’ locker room of a Virginia high school, even as they face a Title IX investigation.

A local TV station, WJLA, obtained the cellphone video from the Loudoun County Sheriff’s Office via a Freedom of Information Act request. Loudon County Public Schools has refused to release the footage to the public.

The incident at the heart of the controversy involves a rare example of a biological female, who identifies as male, entering the boys’ locker room at Stone Bridge High School and using her phone to record male students, who expressed discomfort with her presence. The ensuing investigation has sparked outrage from community members, who feel it is focused on the wrong subjects.

Loudoun County Public Schools is dismissing criticism of the probe, saying it would only investigate if students were accused of violating policies against “hate speech, discriminatory language, threats, or other forms of harmful or disruptive conduct.” It has also insisted that critics do not have “all the facts,” but has declined to share what is being left out.

Most of the nearly two-and-a-half-minute video is black, but audio of male students talking and lockers opening and closing can be heard. 

Eventually, one student is heard saying, “There’s a girl in here? There’s a girl?”

“Why is there a girl?” another student asked. “I’m so uncomfortable there’s a girl. A female. Bro, get out of here.”

The video ends shortly after that comment. The students appeared to be talking to each other, and not addressing the female student. In the video, the three students are not heard making any derogatory or harassing comments toward the female.  

At a packed LCPS board meeting Tuesday night, parents urged the school to drop its Title IX investigation into the three students as the video of the encounter was released, which showed the students expressing discomfort with the situation. The parents also called for an end to Loudoun County School Board Policy 8040, which allows students to use locker rooms and bathrooms that align with their gender identities. 

During the meeting, a state delegate, Geary Higgins, said he was “thoroughly disappointed” by the school and the school district’s treatment of the three male students. He was interrupted by the chairwoman of the school board, Melinda Mansfield, who accused him of “attacking” Stone Bridge High School by naming the school.

“LCPS is failing these young men and has the potential to ruin their futures should this ridiculous Title IX investigation not stop,” Mr. Higgins said. “The boys were uncomfortable with a girl in their locker room who was filming them, and yet the boys are the ones in trouble.”

He also said he is “amazed” the school district would “walk away from one hundred million federal dollars” by choosing to keep its 8040 policy even though it runs against the Trump administration’s efforts to counter so-called gender ideology. 

After his comments, attendees were heard clapping and cheering, which led Ms. Mansfield to instruct them not to clap. The board then took a break. 

The case has received criticism from Governor Youngkin, and Virginia’s attorney general, Jason Miyares, launched an investigation of Loudoun County Public Schools. 

Loudoun County Public Schools repeated in a statement to the Sun that it was not investigating the students because “they were uncomfortable with a female student using the boys’ locker room.” The school district noted that a potential Title IX claim “must involve behavior that constitutes sexual harassment,” which it described as “unwelcome sexual conduct” or “unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to LCPS’s education program or activity.”

The district also defended the Title IX investigation process and said that there is an appeal process. 

Ms. Mansfield said, “Unfortunately, some individuals, media outlet, and political groups seem to be exploiting this situation without full knowledge of, or knowingly misrepresenting the facts, using it to advance their own agendas. I strongly condemn the politicization of student safety.”

While the school district says parents upset about the investigation do not have the full story, it cited “federal law,” which it said prevents it from discussing the details of the case.