Donald Trump wants to get rid of the Department of Education, but in the meantime his administration is weaponizing it against schools that have allowed transgender women and girls to play on female sports teams.
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The department’s Office for Civil Rights announced Thursday that it is investigating San José State University, the University of Pennsylvania, and the Massachusetts Interscholastic Athletic Association for potential violations of Title IX of the Education Amendments of 1972, which prohibits sex discrimination in federally funded education programs.
The announcement came a day after Trump signed an executive order saying his administration would consider only “biological sex,” as assigned at birth, and not gender identity in enforcement of Title IX. At the signing ceremony, he falsely suggested that transgender athletes have won “more than 3,500 victories” and “invaded more than 11,000 competitions,” citing isolated cases while misrepresenting the reality of transgender participation in sports.
The San José State Spartans women’s volleyball team was reported to have had a transgender player for the past three seasons, although the team has not confirmed that, nor has a trans player come out. Her presence became controversial only last fall, after she was outed, and several women’s volleyball teams forfeited games against the Spartans because they objected to competing against a trans player.
Some competitors, former players, and even one of her teammates and a now-suspended San Jose State associate coach tried to keep her from participating in the Mountain West Conference tournament last November. They filed a lawsuit and sought an emergency injunction barring her from playing, but courts denied their request. San Jose State lost the tournament final to Colorado State.
In 2022, Lia Thomas, a trans woman on Penn’s women’s swimming team, became the first known trans athlete to win a National Collegiate Athletic Association Division I championship. Some teammates and right-wing forces objected to her participation on the team. She graduated in 2022. In addition to the Education Department investigation, three former women’s swimmers at Penn have filed a federal lawsuit seeking to have Thomas’s records removed from the books, CBS News and other sources report.
The Massachusetts investigation was prompted by a school’s forfeiture of a basketball game against a team with a trans player, according to a Department of Education press release. The Advocate is not linking to the release because it outs the San Jose State player and misgenders trans women players. The release does not name the school but claims three players on the opposing team were injured, two of them by the trans player. However, media outlets including Massachusetts public broadcaster WGBH have identified the school with the trans player as KIPP Academy Lynn and the opposing one as the Collegiate Charter School of Lowell.
The Massachusetts Interscholastic Athletic Association’s policy states that “a student shall not be excluded from participation on a gender-specific sports team that is consistent with the student’s bona fide gender identity.” The Department of Education objects to that policy, but it’s not clear if it has the authority to investigate the association, as such associations usually don’t receive federal funding, the Associated Press reports.
It is also “unusual for the Education Department to investigate past violations of new policy, or to investigate without first receiving a complaint,” the AP notes.
“The MIAA has historically complied with all applicable federal and state laws,” said a statement from the association, as reported by WGBH. “We are currently seeking guidance from the Office of the Attorney General and our own legal counsel on our next step. We are especially interested in determining this investigation’s impact on teams currently playing the winter season and on our upcoming tournaments.”
San José State President Cynthia Teniente-Matson issued a statement saying the school seeks to assure that all students are “treated fairly, free from discrimination, and afforded the rights and protections granted under federal and state law,” Higher Ed Divereports. The university will cooperate with the investigation, she said.
“While we adhere to legal and regulatory requirements, San José State will continue to act within our authority to uphold the values that define us as an institution,” Teniente-Matson added. “Our focus remains on our values including fostering an environment that cultivates compassion, where every student has the opportunity to thrive.
The AP sought comment from Penn, but there has been no response so far.
LGBTQ+ rights advocates have condemned Trump’s executive order, one of several he has issued targeting trans people, and the Department of Education’s action. “Contrary to what the president wants you to believe, trans students do not pose threats to sports, schools or this country, and they deserve the same opportunities as their peers to learn, play and grow up in safe environments,” said a statement from Fatima Goss Graves, CEO of the National Women’s Law Center.
“It’s not really a surprise to that actions like this would first target states that protect their transgender population,” Chris Erchull, an attorney with Massachusetts-based GLBTQ Legal Advocates and Defenders, told WGBH. He added, “We are prepared to fight.”
The National Collegiate Athletic Association has announced it will change its policy to comply with Trump’s order, even though its president, Charlie Baker, has testified before the U.S. Senate that the association has fewer than 10 of the NCAA’s 530,000 student athletes are trans.
