WASHINGTON — The Department of Education is currently examining possible civil rights infringements at two universities and a high school sports league that have permitted transgender athletes to participate on women’s teams, as announced on Thursday.
The inquiry encompasses San Jose State University volleyball, a swimming program at the University of Pennsylvania, and the Massachusetts Interscholastic Athletic Association (MIAA).
This announcement followed President Donald Trump signing an executive order aiming to prohibit transgender athletes from competing in girls’ and women’s sports. The order stipulates that schools and leagues face penalties if they allow transgender athletes to compete, contending that such practices undermine equality for female students.
Craig Trainor, the acting assistant secretary for civil rights at the Education Department, criticized the previous administration for allegedly undermining the rights of women and girls in America in favor of what he terms a “radical transgender ideology.”
The Education Department has initiated these investigations in response to potential violations of Title IX, a federal law enacted in 1972 that prohibits sex discrimination in educational settings. It’s important to note that commencing an inquiry does not imply any predetermined wrongdoing, as per department guidelines. Moreover, the agency is reportedly looking into athletic policies across other educational institutions as well.
This reflects a significant shift in the department’s civil rights focus, aligning with Trump’s agenda of addressing antisemitism and issues surrounding gender identity. These investigations are also part of Trump’s broader campaign against transgender rights, which he has referred to as “transgender insanity.”
Advocates for transgender rights have denounced the executive order signed by Trump. Fatima Goss Graves, CEO of the National Women’s Law Center, stated that contrary to the president’s assertions, transgender students do not endanger sports or educational institutions, and they should have equal opportunities to learn and thrive in safe environments.
Typically, the Education Department does not investigate potential violations stemming from newly implemented policies or undertake inquiries without receiving a complaint. The examination of San Jose State seems to be triggered by a player’s involvement in the women’s volleyball team. There is an ongoing lawsuit from players against the Mountain West Conference, claiming that allowing her to participate represents a safety concern. However, San Jose State has not confirmed the participation of a transgender woman on its volleyball team, and the season concluded on November 30.
The focus of the investigation at the University of Pennsylvania is on Lia Thomas, who made history as the first openly transgender athlete to win a Division I title in 2022 while competing on the women’s swimming team. Thomas graduated in the same year.
The Education Department mentioned that the MIAA permitted a transgender athlete to play on a girls’ high school basketball team, which supposedly led to an opposing team forfeiting after three players suffered injuries. The department did not specify which schools were involved or provide additional information on the incidents.
Typically, athletic organizations do not receive federal funding from the Education Department, making the authority for the agency to investigate the MIAA unclear. The MIAA asserted that it has consistently adhered to federal and state regulations and is currently seeking legal advice about how to proceed. They expressed their commitment to assessing how the investigation might affect teams competing in the current winter season and their upcoming tournaments.
The universities involved have not yet commented regarding the investigations.
Title IX has become a focal point of contentious political debate in recent years. During the administration of former President Joe Biden, new federal guidelines broadened the protections offered under the law to include transgender and LGBTQ+ students. However, a federal judge recently ruled against Biden’s regulations, deeming them an overreach.
The Trump administration has invoked Title IX to challenge schools providing accommodations for transgender students. Last month, a similar investigation was launched against Denver public schools following the replacement of a girl’s restroom with an all-gender restroom, all while maintaining another restroom designated exclusively for boys.
In the executive order, Trump instructed federal agencies to withdraw financial support from educational programs that infringe upon fair athletic opportunities for women and girls. The Office for Civil Rights within the Department of Education can pursue the withdrawal of federal funding from institutions violating civil rights, but this requires judicial approval and only after failing to reach a resolution through negotiation.
