In a landmark decision that has reignited the national debate over gender identity and women’s sports, the U.S. Department of Education’s Office for Civil Rights (OCR) has determined that the University of Pennsylvania (UPenn) violated Title IX by allowing a transgender woman to compete on its women’s swimming team.
The ruling mandates UPenn to erase the athletic records of Lia Thomas, a transgender swimmer who won the 2022 NCAA women’s 500-yard freestyle championship, though she was not named directly in the order. The university is also required to issue apology letters to affected female athletes.
The OCR’s investigation concluded that UPenn’s policies denied female athletes equal opportunities by permitting a biologically male athlete to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities. This decision stems from the broader context of Title IX, a federal law enacted in 1972 that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance.
Acting Assistant Secretary for Civil Rights Craig Trainor emphasized the gravity of the situation, stating, “UPenn has a choice to make: do the right thing for its female students and come into full compliance with Title IX immediately or continue to advance an extremist political project that violates federal antidiscrimination law and puts UPenn’s federal funding at risk.”
The OCR’s resolution agreement outlines specific actions UPenn must undertake:
- Issue a public statement affirming the university’s commitment to Title IX compliance across all athletic programs.
- Restore all individual athletic records, titles, honors, awards, or similar recognition to female athletes for Division I swimming competitions that were misappropriated by male athletes competing in female categories.
- 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.
Failure to comply within 10 days could result in a referral to the U.S. Department of Justice for enforcement proceedings.
This decision follows a series of actions by the Trump administration aimed at reinforcing traditional interpretations of gender in sports. In February 2025, President Trump signed an executive order titled “Keeping Men Out of Women’s Sports,” which prohibits federal funding to institutions that allow transgender participation in women’s sports.
In March, the administration suspended approximately $175 million in federal funding to UPenn over its transgender athlete policies.
The case has drawn significant attention, particularly from former UPenn athletes. Paula Scanlan, a former swimmer who competed alongside Lia Thomas, expressed her support for the OCR’s decision, highlighting the challenges female athletes faced during Thomas’s participation on the team.
UPenn has maintained that it followed NCAA and Ivy League policies regarding student participation on athletic teams. However, the OCR’s findings suggest that adherence to these policies does not absolve the university from ensuring compliance with federal civil rights laws.
The implications of this decision extend beyond UPenn. The Department of Education has initiated Title IX investigations at other institutions, including San Jose State University and the Massachusetts Interscholastic Athletic Association, and has pursued legal actions like suing the state of Maine over similar issues.
As the debate over transgender participation in sports continues, this ruling underscores the complexities institutions face in balancing inclusivity with compliance to federal laws designed to protect against sex-based discrimination.
