HomeAquaticsTRANSGENDER: U.S. Department of Education declares finding that Penn violated Title IX in Lia Thomas swimming case

TRANSGENDER: U.S. Department of Education declares finding that Penn violated Title IX in Lia Thomas swimming case

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≡ PENN “VIOLATED TITLE IX” ≡

“Today, the U.S. Department of Education’s (ED) Office for Civil Rights (OCR) announced its finding that the University of Pennsylvania (UPenn) violated Title IX of the Education Amendments of 1972. OCR 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.”

That’s from a Monday announcement, in which the Education Department – in the midst of being dissolved by the Trump Administration – in which a “resolution agreement” was offered to the university:

“(i) Issue a statement to the University community stating that the University will comply with Title IX in all of its athletic programs;

“(ii) 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

“(iii) 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.”

And:

“UPenn has 10 days to voluntarily resolve these violations or risk a referral to the U.S. Department of Justice (DOJ) for enforcement proceedings.”

The Education Department is following up on President Donald Trump’s 5 February Executive Order no. 14201, “Keeping Men Out of Women’s Sports,” which stated:

“Therefore, it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy. It shall also be the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.”

The action against Penn is aimed at the one-year female swimming career of Lia Thomas, who was a men’s swimmer as Will Thomas for three seasons, transitioned to female via hormone therapy beginning in May 2019, and competed on the Penn women’s team in 2021-22. He was second team All-Ivy League in 2018-19, reaching the conference finals in the 500, 1,000 and 1,650-yard Freestyles.

But in women’s competition, Thomas was one of the best swimmers in the nation and became the first transgender to win an NCAA title, in the 2022 500-yard Freestyle, and tied for fifth in the 200 Free and was eighth in the 100 Free.

Thomas fifth-place tie in the 200-yard Free was with Kentucky swimmer Riley Gaines, who said that Thomas was given the fifth-place trophy for the awards photograph while Gaines was given the sixth-place award, later to be replaced with a duplicate fifth-place trophy. Gaines has become a high-profile activist for women’s athletic and privacy rights in sports following that incident.

In March, the Trump Administration was reported to “pause” $175 million in Federal funding, with the university responding in a statement:

“We are aware of media reports suggesting a suspension of $175 million in federal funding to Penn, but have not yet received any official notification or any details. It is important to note, however, that Penn has always followed NCAA and Ivy League policies regarding student participation on athletic teams. We have been in the past, and remain today, in full compliance with the regulations that apply to not only Penn, but all of our NCAA and Ivy League peer institutions.”

Former Penn swimmer and Thomas teammate Grace Estabrook is one of three plaintiffs in a civil suit against the university over Thomas’ inclusion on the women’s team, and told Fox News Digital:

“I am grateful the federal government has found Penn to have violated Title IX, just as we told Penn in the 2021-2022 season when they required us to shower with, and compete against, a man.

“The government’s finding of sex discrimination by Penn is an important first step, but the protection of female athletes cannot stop here. Women must be protected by a bulletproof policy that completely removes men from our sports and from entering our locker rooms.”

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