Education Department Finds UPenn Violated Title IX & Women’s Rights
The U.S. Department of Education’s (ED) Office for Civil Rights (OCR) has found that the University of Pennsylvania (UPenn) violated Title IX of the Education Amendments of 1972, in particular, by permitting a male to compete in women’s sports and access women-only facilities.
In a press release issued on April 28, the OCR said it has notified UPenn President J. Larry Jameson that the university’s policies and practices “violated Title IX by denying women equal opportunities by permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
UPenn has been one of the foremost violators of Title IX in recent years, permitting a male – Lia Thomas – to compete on the women’s swim team.
Thomas, who has male DNA, was born male, and went through male puberty, originally competed on the men’s swimming and diving team from 2017 to 2020, where he was a mediocre swimmer. He then “transitioned” to identify as a woman, opted to compete on UPenn’s women’s swimming and diving team, and began racking up the victories.
In 2022, Thomas won two races for UPenn in a dual meet against Harvard in January in the female category. CNN at the time said Thomas was “being hailed as one of the best women’s collegiate swimmers in the country.” To reiterate, Thomas is a man – not a woman.
Thomas was then awarded first place in the NCAA women’s 500-yard freestyle championship race that year, beating out the true victor in the race, University of Virginia freshman Emma Weyant.
Announcing the determination, the OCR issued a proposed Resolution Agreement to UPenn to resolve its Title IX violations.
The proposed agreement requires UPenn to take three immediate actions:
- Issue a statement to the University community stating that the University will comply with Title IX in all of its athletic programs;
- Restore to all female athletes all individual athletic records, titles, honors, awards or similar recognition for Division I swimming competitions misappropriated by male athletes competing in female categories; and
- Send a letter to each female athlete 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.
According to the ED, UPenn has 10 days to voluntarily resolve the violation or risk a referral to the U.S. Department of Justice (DOJ) for enforcement proceedings.
Paula Scanlan, a former UPenn swimmer who attended the school from 2018-2022, cheered the decision by OCR:
Scanlan, who was tragically sexually assaulted in a bathroom at the age of 16, said when she objected to UPenn’s allowance of Thomas into her sport and locker room, UPenn dismissed her complaint as a sexual assault survivor.
In fact, according to Scanlan, UPenn employees dismissed Scanlan and her fellow female swimmers concerns, and attempted to “re-educate” them to lower their guard and “become more comfortable sharing previously sex-segregated spaces with members of the opposite sex.”
UPenn also told its female swimmers that they “would regret talking to the media” if they criticize the university’s policies permitting men into women’s sports. The university also told them, “‘Lia swimming with us is non-negotiable’ and then they provided [them] with counseling services to help [them] be OK with it.”
UPenn even nominated Thomas for the 2022 NCAA Woman of the Year award.
In a statement to Outkick after OCR’s determination, Scanlan shared,
Kaitlynn Wheeler, another female athlete and advocate for women’s rights, tweeted about OCR’s decision:
“Little girls who look up to Riley Gaines and Paula Scanlan can find hope in today’s action – the Trump Administration will not allow male athletes to invade female private spaces or compete in female categories,” said Acting Assistant Secretary for Civil Rights Craig Trainor in a statement announcing OCR’s findings.
He added,
The massively important move by OCR regarding UPenn comes after the ED has taken several other important steps in recent weeks to protect women’s rights and defend Title IX.
In February, the ED launched multiple investigations into alleged Title IX violations.
Earlier this month, the ED coordinated with the DOJ to launch a Title IX Special Investigations Team in order to “ensure timely, consistent resolutions to protect students, and especially female athletes, from the pernicious effects of gender identity in school programs and activities.”
The ED OCR’s determination against UPenn is a great step forward in ending the school’s anti-women policies.
While nothing can right the harm done to Scanlan and her female teammates, hopefully UPenn will agree to the proposed Resolution Agreement, and guarantee that women at the school will be protected going forward.
If you’re concerned about what your child is being taught in school, check out this updated, free resource from Focus on the Family and Family Policy Alliance: Equipping Parents for Back-to-School.
We want parents to feel confident and equipped to manage issues affecting public – and private and online – schooling. The FREE downloadable resource helps you be aware of what’s going on in your child’s classroom and offers guidance for how to advocate for your child in the school year ahead.
Related articles and resources:
Education Department Warns Colorado: Children ‘Do Not Belong to Government’
Department of Justice Launches Title IX Task Force to Protect Women’s Sports
ADF Files Civil Rights Complaints to Protect Female Athletes, Parents
Department of Education Launches Multiple Investigations Into Title IX Violations
Trump Ends Radical Indoctrination, Promotes Education Freedom
Parents Support Core Subjects, Keep Males out of Female Sports
Outrage Ensues After UPenn Nominates Male Swimmer as NCAA ‘Woman of the Year’
Celebrate the Real NCAA Women’s 500-Freestyle Swimming Champions
Male-Bodied UPenn Athlete Wins Women’s Swimming Events – Again
Photo from Getty Images.
ABOUT THE AUTHOR
