WASHINGTON — The Education Department is initiating investigations to assess potential civil rights infringements at two universities and a high school sports league that have permitted transgender athletes to compete on women’s teams. This announcement was made on Thursday.
The inquiry will examine the volleyball program at San Jose State University, the swimming program at the University of Pennsylvania, and the Massachusetts Interscholastic Athletic Association. This comes just a day after President Donald Trump enacted an executive order aimed at prohibiting transgender athletes from participating in girls’ and women’s sports. This order suggests sanctions for schools and leagues, arguing that allowing transgender athletes to compete undermines equality for female students.
Craig Trainor, the acting assistant secretary for civil rights at the department, stated, “The previous administration disregarded the rights of American women and girls and overlooked the indignities they experienced in restrooms and locker rooms while promoting a radical transgender ideology.”
The Education Department has proactively launched these investigations due to suspected violations of Title IX, a federal law enacted in 1972 that prohibits sex discrimination in education. According to departmental policy, the initiation of an inquiry does not imply any wrongdoing has been found. Furthermore, the agency is looking into athletic policies at various other schools as well.
This shift reflects the Education Department’s alteration in civil rights priorities, now aligning with Trump’s policies targeting antisemitism and issues surrounding gender identity. These investigations are also consistent with Trump’s broader anti-transgender campaign, which has denounced what he refers to as “transgender insanity.”
In response to Trump’s executive order, advocates for transgender students expressed their disapproval. Fatima Goss Graves, the CEO of the National Women’s Law Center, argued, “Contrary to the president’s beliefs, transgender students do not pose threats to sports, schools, or this country, and are entitled to the same opportunities as their peers to learn and thrive in safe environments.”
The executive order from Trump also led the NCAA to amend its participation policy on Thursday, restricting competition in women’s sports to athletes who were assigned female at birth.
It’s somewhat uncommon for the Education Department to investigate past violations based on newly established rules, or to conduct investigations without receiving prior complaints. In the case of San Jose State, the focus is on the participation of a player on the women’s volleyball team. A lawsuit initiated by players against the Mountain West Conference contended that allowing her to compete poses safety concerns, although San Jose State has not confirmed whether there is a transgender woman on their volleyball roster. The season for the team concluded on November 30.
University president Cynthia Teniente-Matson expressed that San Jose State will engage comprehensively with the investigation and will adhere to legal requirements while continuing to uphold the institution’s core values.
The focus of the inquiry at the University of Pennsylvania is Lia Thomas, who was a member of the women’s swimming team and made history in 2022 as the first openly transgender athlete to secure a Division I championship. Thomas graduated from the institution that same year, and Penn has not released a comment regarding the investigation.
According to the Education Department, the Massachusetts Interscholastic Athletic Association faced scrutiny for permitting a transgender athlete to join a girls’ high school basketball team, leading to a forfeit by an opposing team due to injuries sustained by three of its players. No specific details about the schools involved were disclosed.
Typically, athletic associations do not receive federal funding from the Education Department, and it remains unclear what authority the department has over the Massachusetts league. The department has contested a policy in the league’s handbook that states students should not be barred from participating in gender-specific sports if this aligns with their bona fide gender identity.
This policy was invoked last year when a girls’ basketball team in Lynn forfeited a match against a team that included a transgender player. Reports indicated that three players from the forfeiting team sustained injuries during the game, which compounded the team’s existing injury issues.
The MIAA stated that it has typically adhered to both federal and state regulations and is currently seeking legal counsel on how to proceed. “We are particularly keen on understanding how this investigation will affect teams currently engaged in the winter season and our forthcoming tournaments,” the association remarked in a statement.
Legal experts advising schools on Title IX have noted that the Trump administration is adopting an unusually proactive stance by instigating its own investigations. Bonnie Young, an attorney at Fox Rothschild, commented that such investigations are usually not made public until their conclusions are reached.
“The enforcement environment is rapidly evolving with the new administration and a surge of executive actions,” Young noted in an email. “Every day brings forth new and more forceful enforcement efforts aimed at ensuring compliance with the administration’s goals.”
In recent years, Title IX has been a focal point in a political tug-of-war. Under former President Joe Biden, there were significant expansions to the law aimed at protecting transgender and LGBTQ+ students. However, a federal judge reversed Biden’s regulations this year, deeming them an overreach.
The Trump administration has been leveraging Title IX to challenge educational institutions that accommodate transgender students. Just last month, the Education Department began another investigation into Denver public schools following the replacement of a girls’ restroom with an all-gender facility, while still maintaining another restroom exclusive to boys.
In his executive order, Trump has mandated federal agencies to “withdraw all funding from educational programs that deny women and girls fair athletic opportunities.” The Office for Civil Rights at the Education Department has the authority to cut federal funding to institutions found to violate civil rights; however, this action must be sanctioned by a judge, and only after negotiation fails.
