The Trump administration has confirmed that the University of Pennsylvania violated Title IX, a law that guarantees women equal opportunities in athletics, by allowing a transgender swimmer to compete on the school’s women’s team and access team facilities. Although the administration did not name the athlete in question, the investigation, which was launched by the U.S. Education Department’s Office for Civil Rights in February, focused on Lia Thomas, who became the first openly transgender athlete to win a Division I title in 2022.
In a statement released on Monday, the department said, “Penn violated Title IX, which bars sex discrimination in schools and colleges, by ‘denying women equal opportunities by permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.'” The University of Pennsylvania has not yet provided a comment on the matter, but has previously stated that it always adhered to NCAA and Ivy League policies regarding student participation in athletic teams during Thomas’ time as a swimmer and currently.
The department has given Penn 10 days to voluntarily resolve the alleged violations, or face potential prosecution. As part of the resolution, the department is demanding that Penn issue a statement committing to Title IX compliance, effectively strip Thomas of any awards or records in Division I swimming competitions, and apologize to each female swimmer “whose individual recognition is restored expressing an apology on behalf of the university for allowing her educational experience in athletics to be marred by sex discrimination.”
In March, the Trump administration suspended approximately $175 million in federal funding for Penn over its decision to allow Thomas to compete, according to the White House. The funding, which came from the Defense Department and the Department of Health and Human Services, was a significant portion of the Ivy League school’s federal money.
At the time of Thomas’ participation, the NCAA used a sport-by-sport approach to allowing transgender athletes to compete, deferring to the guidelines set by each sport’s national governing organization, international federation, or previously established International Olympic Committee criteria. Under these guidelines, female transgender swimmers who had completed one year of hormone replacement therapy were permitted to compete.
However, the NCAA changed its policy the day after President Trump signed an executive order on February 5, which aimed to ban transgender athletes from participating in girls’ and women’s sports. The new policy adopted a blanket approach, allowing only athletes assigned female at birth to participate in women’s sports.
The Education Department has also initiated reviews of San Jose State University volleyball, Denver Public Schools, Portland Public Schools, Oregon School Activities Association, and the Massachusetts Interscholastic Athletic Association. Additionally, the department has sued the state of Maine, demanding that it ban transgender athletes from girls’ and women’s sports or face prosecution.
