On June 30, the University of Pennsylvania (Penn) entered into a formal settlement of a Title IX investigation that the Department of Education (DOE) launched this spring over Lia Thomas’ participation in Penn’s women’s swimming team.
During the 2021-22 school year, Thomas competed on Penn’s varsity women’s team; prior to that, Thomas competed on the men’s team. Penn claims that under the rules then in effect, Thomas was eligible to compete as a woman. The rules then in effect stated that transgender women must have one year of hormone replacement therapy (HRT) to participate in women’s sports. At the time, the NCAA set a single set of gender rules for all sports, but has since shifted to enforcing eligibility rules used by the national governing bodies of each separate sport.
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Early in the Trump Administration, Executive Orders 14168 and 14201 addressed the issue of trans athletes competing on teams based upon their birth gender. In February, DOE filed a Title IX complaint against Penn, even though the activities occurred prior to the start of the Trump Administration.
DOE threatened to suspend $175 million of Penn’s federal research grants if Penn failed to address the issue of biological males in women’s sports, as well as any performance records set by Thomas.
Penn noted that it does not set its own athletic eligibility criteria but just follows rules set by the NCAA and the Ivy League. Penn pledged to “fully comply with Title IX in all of [Penn’s] athletic programs” and to “continuously adapt our practices as Title IX evolves over time.” This includes adhering to definitions of sex – with respect to women’s athletics – that have been set out through two specific Executive Orders.” Penn will send a personal letter of apology to each of the affected athletes. Penn will also reset all women’s records to disregard Thomas’ performances.
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.”
“For the past four years, women have been begging for equal opportunities to compete and succeed, only to be ignored. A president who recognizes and celebrates women for our accomplishments is long overdue. Restoring stolen athletic accolades to their rightful owners is a crucial step towards reinstating accountability, integrity, and common sense – one that I wholeheartedly support,” said Riley Gaines, who tied for fifth place with Thomas in the women’s 200-meter NCAA championships.
In related news, on July 3, the U.S. Supreme Court agreed to hear two cases testing the constitutionality of Idaho and West Virginia laws that ban transgender athletes from girls’ and women’s sports teams. The Court is likely to decide these cases by June 2026.
