Loudoun County Public Schools bear ‘brunt of blame’ for preventable sexual assault finds Virginia grand jury

The report should 'shock the conscience of everyone who reads it,' Ian Prior of Fight for Schools said

Loudoun County Public Schools (LCPS) "were looking out for their own interests, instead of the best interests of [students]," a damning report investigating how the school handled two sexual assaults last year, found.  

The Northern Virginia suburb drew national attention after parents accused the school of covering up a sexual assault by a "gender-fluid" student and letting the student transfer to another school. The biological male was wearing a skirt when he assaulted a female student in the girls' bathroom, prompting criticism of the schools' transgender policy. Despite facing charges, the student was transferred to another school in the district, and subsequently sexually assaulting another girl.

The special grand jury report released Monday agreed that the school displayed a "stunning lack of openness, transparency and accountability, both to the public and to the special grand jury" about how they reacted to the assaults on campus. The report also condemned Superintendent Scott Ziegler for denying any knowledge of the assault at a school board meeting.

The grand jury heard testimony from over 40 witnesses and reviewed over 100 pieces of evidence in their investigation, the report stated.

Parents protesting in Loudoun County, Virginia, on June 22, 2021.  (Reuters)

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At "several points" the school "failed" to "step in and alter" the sequence of events that led to the second assault, it continued. The jury did not find a "coordinated cover-up" between school officials and the school board. However, the second assault "could have and should have been prevented."

"A remarkable lack of curiosity and adherence to operating in silos by LCPS administrators is ultimately to blame for the October 6 incident," the reported stated, adding that they believe LCPS "bears the brunt of the blame."

Emails in the report showed senior school officials privately met to discuss the initial assault and connected it to Policy 8040, the school transgender policy. The policy allows students to use bathrooms and locker rooms that correspond with their gender identity. 

However officials displayed "intentional institutional amnesia" in providing the jury details about what was discussed.

Signs in favor of Policy 8040 outside Loudoun County Public Schools. (Fox News Digital)

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Ian Prior, Executive Director of Fight for Schools and Senior adviser for America First Legal, told Fox News Digital that this report "should shock the conscience of everyone that reads it." He recommended the school board fire Superintendent Ziegler "immediately."



"This report should shock the conscience of everyone that reads it. Superintendent Scott Ziegler and other staff at Loudoun County Public Schools acted with reckless indifference to the safety of children, which directly led to two sexual assaults. Moreover, as we have repeatedly pointed out, LCPS failed in its obligations under Title IX, the superintendent lied to the public, and the school board showed itself to be nothing more than an incompetent tool of the administration," Prior said.

He continued: "The board needs to terminate Superintendent Scott Ziegler immediately, as well as any other members of the staff whose reckless indifference was highlighted in this report. If the board fails to do so, we re-iterate our call for the Virginia Board of Education to remove him pursuant to its statutory authority.

"

A woman sits with her sign during a Loudoun County Public Schools (LCPS) board meeting in Ashburn, Virginia on October 12, 2021. - Loudoun county school board meetings have become tense recently with parents clashing with board members over transgender issues, the teaching of critical race theory (CRT) and Covid-19 mandates.  (ANDREW CABALLERO-REYNOLDS/AFP via Getty Images)

"Finally, from the beginning of this fight, parents in Loudoun County have been raising the alarm and investigating what we saw as a lack of transparency and accountability in Loudoun County Public Schools. This report confirms what we have been telling the world for the last two years. We applaud the special grand jury for its work and dedication and are hopeful that its continued work will result in wrongdoers being held accountable," Prior concluded.

A spokesperson for the Loudoun County Public Schools sent Fox News Digital the following statement in repsone to the grand jury's investigation: 

In spite of the recent allegations leveled against Loudoun County School Board (LCSB) members and Loudoun County Public Schools (LCPS) employees over the past several months, we are pleased that the Special Grand Jury’s extensive investigation found no evidence of criminal conduct on the part of anyone within LCPS, and not a single indictment was filed as a result of this lengthy process.

In a news release on January 15, 2022, Attorney General Miyares alleged that LCPS "covered up a sexual assault on school grounds for political gain." To the best of our knowledge, this allegation was not true, and, after conducting an eight-month investigative process, during which it had the ability to interview any LCPS employee, Board member, and any other individuals beyond the LCPS community it deemed relevant, and during which it had access to virtually any LCPS record that was not otherwise legally privileged, the Special Grand Jury neither cited any evidence to support this serious allegation nor made any such conclusion in its Report. To the contrary, the Grand Jury's report stated, "We conclude there was not a coordinated cover-up between LCPS administrators and members of the LCSB."

This broad use of the special grand jury investigative process did, however, yield a Report that contains several criticisms of LCPS employees and processes within the Division that are quite serious.  We are placing this on our next Board agenda for immediate discussion to reflect on these recommendations and take action as determined by the full Board.

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While the grand jury criticized the school board for trying to "thwart, discredit and push back against this investigation," they wrapped up their report with eight recommendations for the district to follow going forward to increase school safety, transparency and communication.

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