Education Department investigating schools with transgender athletes

The Department of Education is investigating two colleges and a state athletic association for allowing transgender athletes to compete on women’s sports teams, probes in accordance with an executive order signed Wednesday by President Trump.

The Education Department’s Office for Civil Rights announced Thursday that it is launching investigations into San José State University, the University of Pennsylvania (Penn) and the Massachusetts Interscholastic Athletic Association (MIAA) for “apparent Title IX violations.”

Trump’s Wednesday executive order, meant to broadly prevent transgender athletes from competing in girls’ and women’s sports, declares that it is a violation of Title IX — the federal civil rights law prohibiting sex discrimination in schools and education programs that receive government funding — for schools to allow trans students to join athletic teams that best align with their gender identity.

"We are putting every school receiving taxpayer dollars on notice: If you let men take over women's sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding,” Trump said Wednesday during a signing ceremony at the White House.

Athletic associations do not typically receive money from the federal government, and Penn is a private university.

Trump signed the order — which also could complicate the nation’s role as host of the next Summer Olympics — surrounded by young girls and supporters, including Riley Gaines, a former collegiate swimmer who has traversed the country in opposition to policies that allow transgender athletes to compete in women’s sports.

Gaines began her campaign against trans-inclusive athletics policies in earnest after tying for fifth place at the 2022 NCAA Division I Women's Swimming and Diving Championships with Lia Thomas, a former Penn athlete at the center of the Education Department’s investigation.

Thomas, who was permitted to swim on the school’s women’s team after taking gender-affirming hormones for more than a year, became the first openly transgender woman to win an NCAA Division I title in 2022.

The NCAA's board of governors announced Thursday that transgender athletes are no longer eligible to compete on women’s college sports teams, citing Trump’s order. NCAA President Charlie Baker testified before a Senate panel in December that there are fewer than 10 transgender athletes he is aware of who currently compete in college sports.

In a news release, Thomas’s former teammate, Paula Scanlan, who frequently advocates alongside Gaines against trans athletes in women’s sports, said she is “deeply grateful to the Department of Education for addressing Title IX violations concerning female athletes with such seriousness.”

She added that her alma mater had forced her to compete against and share a locker room with Thomas, whom she called a “male.” “I look forward to them holding accountable the higher education institutions that promoted this,” she said.

Penn, which is also Trump's alma mater, did not immediately return a request for comment.

In an emailed statement, San José State University President Cynthia Teniente-Matson said the school “is committed to ensuring that all of our students, including our student-athletes, are treated fairly, free from discrimination, and afforded the rights and protections granted under federal and state law, including privacy rights.”

“Recently, we were notified that the U.S. Department of Education has initiated a directed investigation related to Title IX in light of President Trump’s Executive Order with respect to athletics participation. As with any federal inquiry, we will fully engage with the process, follow established procedures, and remain transparent in our compliance with all applicable laws,” Teniente-Matson said.

“While we adhere to legal and regulatory requirements, San José State will continue to act within our authority to uphold the values that define us as an institution,” she added. “Our focus remains on our values including fostering an environment that cultivates compassion, where every student has the opportunity to thrive. We remain steadfast in our role as a place of learning, respect, and opportunity for all.”

San José State University came under fire late last year after it was reported that a transgender athlete was competing on the school’s women’s volleyball team. The student, who has been a part of the women’s team for the past three seasons, has not spoken publicly about how she identifies, and the university has not commented on her gender.

In November, a federal judge ruled that the athlete could continue competing on the women’s team after a string of schools forfeited their matches against San José State in protest and several female athletes sued the school.

In an email, MIAA said it had been notified of the Education Department’s investigation and was seeking legal counsel, including from the state attorney general.

"The MIAA has historically complied with all applicable federal and state laws,” the organization said.

According to the Education Department, the athletic association had allowed a transgender athlete to compete on a girls’ high school basketball team, prompting an opposing team to forfeit after three players were reportedly injured. The department did not identify which schools were involved in the dispute.

MIAA’s handbook states that students should not be excluded from participating in single-sex sports consistent with their “bona fide gender identity.”

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