The U.S. Department of Education’s (ED) Office for Civil Rights (OCR) today announced its finding that the University of Pennsylvania (UPenn) violated Title IX of the Education Amendments of 1972.
In a notification sent to UPenn President J. Larry Jameson, OCR stated that the University’s policies and practices unlawfully denied women equal opportunities by permitting male athletes to compete in women’s intercollegiate athletics and access women-only intimate facilities.
The OCR has issued a proposed Resolution Agreement to UPenn, outlining necessary steps to rectify the identified Title IX violations.
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The University now has a 10-day window to voluntarily agree to the terms and resolve these violations. Failure to do so could result in a referral to the U.S. Department of Justice (DOJ) for potential enforcement proceedings.
Acting Assistant Secretary for Civil Rights Craig Trainor issued a statement regarding the findings.
“Little girls who look up to Riley Gaines and Paula Scanlan can find hope in today’s action – the Trump Administration will not allow male athletes to invade female private spaces or compete in female categories,” said Trainor.
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He further asserted, “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 proposed Resolution Agreement from the ED mandates several key actions for UPenn to undertake:
- (i) Public Statement of Compliance: Issue a clear statement to the entire University community affirming its commitment to full compliance with Title IX across all its athletic programs.
- (ii) Restoration of Female Athletes’ Records: Reinstate all individual athletic records, titles, honors, awards, or similar recognition earned by female athletes in Division I swimming competitions that were affected by male athletes competing in female categories.
- (iii) Formal Apologies to Affected Athletes: Send personalized letters to each female athlete whose individual recognition is being restored, offering an apology on behalf of the University for the negative impact of sex discrimination on their athletic educational experience.
The OCR initiated its investigation into UPenn based on its authority under Title IX, which prohibits sex-based discrimination in any education program or activity that receives federal financial assistance.
This underscores the Department of Education’s stance on ensuring equal opportunities for female athletes and maintaining the integrity of women’s sports and private spaces. The coming days will be critical in determining UPenn’s response and the subsequent steps in this matter.
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