UPenn to ban transgender athletes, ending civil rights case focused on swimmer Lia Thomas

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"UPenn Agrees to Ban Transgender Women from Women's Sports Teams in Civil Rights Case Resolution"

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The University of Pennsylvania (UPenn) has reached a voluntary agreement to prohibit transgender women from participating in its women’s sports teams. This decision comes as a resolution to a federal civil rights investigation initiated by the U.S. Education Department, which determined that the university had violated the rights of female athletes. The case gained prominence due to the involvement of Lia Thomas, a transgender swimmer who made history in 2022 as the first openly transgender athlete to win a Division I title. The agreement mandates that Penn restore all individual Division I swimming records and titles to female athletes who may have been disadvantaged by Thomas's participation. Additionally, the university is required to issue personalized apology letters to those athletes affected by the situation, although it remains unclear whether Thomas will have her awards rescinded.

As part of the agreement, UPenn must publicly announce its commitment to preventing males from competing in female athletic programs and adopt definitions of male and female based on biological criteria. Education Secretary Linda McMahon praised the decision as a victory for women and girls, emphasizing the importance of enforcing Title IX, the law that prohibits sex discrimination in education. The investigation, which began in February, concluded that UPenn's actions constituted a violation of Title IX. The Education Department had warned that if the university had contested the findings, it could have faced serious consequences, including a potential referral to the Justice Department or loss of federal funding. The case highlights ongoing national debates regarding the participation of transgender athletes in women’s sports, particularly in light of recent policy shifts during the Trump administration aimed at limiting such participation. The NCAA and the National Federation of State High School Associations were also called upon to restore titles and records believed to have been misappropriated by transgender athletes, though there has been no response to these requests thus far.

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The University of Pennsylvania has agreed to ban transgender women from its women’s sports teams to resolve a federal civil rights case that found the school violated the rights of female athletes.

The US Education Department announced the voluntary agreement Tuesday. The case focused on Lia Thomas, the transgender swimmer who last competed for the Ivy League school in Philadelphia in 2022, when she became the first openly transgender athleteto win a Division I title.

It’s part of the Trump administration’s broader attempt to remove transgender athletes from girls’ and women’s sports.

Under the agreement, Penn agreed to restore all individual Division I swimming records and titles to female athletes who lost out to Thomas, the Education Department said. Penn also agreed to send a personalized apology letter to each of those swimmers.

It wasn’t immediately clear whether Thomas would be stripped of her awards and honors at Penn.

The university must also announce that it “will not allow males to compete in female athletic programs” and it must adopt “biology-based” definitions of male and female, the department said.

Education secretary Linda McMahon called it a victory for women and girls.

“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,” McMahon said in a statement.

The Education Department opened its investigation in February and concluded in April that Penn had violated Title IX, a 1972 law forbidding sex discrimination in education. Such findings have almost always been resolved through voluntary agreements. If Penn had fought the finding, the department could have moved to refer the case to the Justice Department or pursued a separate process to cut the school’s federal funding.

In February, the Education Department asked the NCAA and the National Federation of State High School Associations, or NFSHSA, to restore titles, awards and records it says have been “misappropriated by biological males competing in female categories.”

The most obvious target at the college level was in women’s swimming, where Thomas won the national title in the 500-yard freestyle in 2022.

The NCAA has updated its record books when recruiting and other violations have stripped titles from certain schools, but the organization, like the NFSHSA, has not responded to the federal government’s request. Determining which events had a transgender athlete participating years later would be challenging.

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Source: The Guardian