The University of Pennsylvania (UPenn) is banning transgender athletes from competing in women’s sports and removing swimmer Lia Thomas’ records as part of an agreement with the federal government, the U.S. Department of Education announced Tuesday. The announcement follows the federal government’s decision in March to withhold $175 million in funding from the university, citing a violation of Title IX.
The federal government completed its investigation into UPenn and found that the school violated Title IX, a federal law that prohibits sex-based discrimination in education programs and activities. Specifically, the Department’s Office for Civil Rights (OCR) determined that UPenn violated Title IX by allowing Thomas, a transgender athlete, to compete on women’s sports teams.
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“Today is a great victory for women and girls not only at the University of Pennsylvania, but all across our nation,” Education Secretary Linda McMahon said in a statement. “The Department commends UPenn for rectifying its past harms against women and girls, and we will continue to fight relentlessly to restore Title IX’s proper application and enforce it to the fullest extent of the law.”
UPenn President J. Larry Jameson also responded to the announcement, releasing a statement affirming UPenn’s commitment to compliance with federal regulations while acknowledging the impact of past policies on student-athletes.
“Our commitment to ensuring a respectful and welcoming environment for all of our students is unwavering,” UPenn President J. Larry Jameson said in a statement. “At the same time, we must comply with federal requirements, including executive orders, and NCAA eligibility rules, so our teams and student-athletes may engage in competitive intercollegiate sports.”
University to take corrective actions
The federal government and the University of Pennsylvania have agreed to a resolution, which requires UPenn to take certain actions to come into compliance with Title IX. Those actions include:
- UPenn has agreed to give back awards, records, and titles to female swimmers that were previously awarded to male athletes.
- UPenn has to publicly tell its students, faculty, and staff that it will follow federal law, and from now on, only biological females will be allowed to participate in women’s sports or use women’s athletic locker rooms and similar facilities at the university.
- UPenn has agreed to use definitions of “male” and “female” based strictly on biological sex, not gender identity, when applying Title IX policies. The university is required to publicly display its updated Title IX statement.
- UPenn must reverse any instructions, rules, or policies that previously were inconsistent with Title IX.
- UPenn must personally apologize in writing to each woman on the swim team who was affected by the school’s decision to let a biological male compete in women’s sports.
Website updated, records reassigned
Thomas, a biological male at birth and graduate of the University of Pennsylvania, won the national title in the women’s 500-yard freestyle at the 2022 NCAA Championships. UPenn has updated its athletics website to reflect a change in how it recognizes swimming records previously held by Thomas, and also added a note acknowledging that Thomas legitimately set those records at the time, under the then-applicable rules.
“While Penn’s policies during the 2021-2022 swim season were in accordance with NCAA eligibility rules at the time, we acknowledge that some student-athletes were disadvantaged by these rules,” UPenn President J. Larry Jameson said in a statement. “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
NCAA also shifted policy
The NCAA in February changed its rules barring transgender athletes from competing in women’s college sports, following President Trump’s executive order that emphasized keeping biological males out of female athletic competition.
