PHILADELPHIA (KYW Newsradio) — Former University of Pennsylvania swimmers are at the heart of the latest U.S. Department of Education investigation at the Ivy League School centered on the participation of transgender athletes.
The Department of Education on Thursday said it proactively opened the new cases over suspected violations of Title IX by the University of Pennsylvania and others. Title IX is a 1972 law barring sex discrimination in education.
The announcement comes a day after President Donald Trump signed an executive order intended to ban transgender athletes from competing in girls’ and women’s sports. The order calls for penalties against schools and leagues, saying competing against transgender athletes deprives female students of equality.
The investigation at Penn focuses on Lia Thomas, who swam on the school’s women’s team and was the first openly transgender athlete to win a Division I title in 2022. Thomas graduated that year.
The department cites former UPenn swimmer Paula Scanlan’s testimony in 2023 that she and teammates were offered psychological services that she claims were meant to make the swimmers comfortable undressing in front of Thomas.
Thomas and Scanlan swam at the school in 2021 and 2022, when Thomas won the NCAA championship for the 500-yard freestyle race. Rule changes by the International Swimming Federation later that year barred transgender athletes from competing in women’s swimming unless. Since then, Thomas has been unable to compete in women’s swimming.
Since graduation, Scanlan has become an outspoken conservative influencer and spokesperson for the Independent Women's Forum, a conservative, nonprofit advocacy group. The release includes a statement from Scanlan, in which she expresses gratitude for the investigation.
The university, Thomas and Scanlan have not responded to calls for comment.
Opening an inquiry isn't meant to indicate a finding of wrongdoing, according to department policy. Additionally, the agency said it is reviewing athletics policies at a number of other schools.
It reflects the Education Department's shift in civil rights priorities as it aligns with Trump's agenda to target antisemitism and gender identity issues. The investigations also build on Trump’s anti-transgender campaign rhetoric, which pledged to end “transgender insanity.”
“The previous administration trampled the rights of American women and girls — and ignored the indignities to which they were subjected in bathrooms and locker rooms — to promote a radical transgender ideology,” said Craig Trainor, the department's acting assistant secretary for civil rights.
Advocates for transgender students condemned the executive order Trump signed Wednesday.
“Contrary to what the president wants you to believe, trans students do not pose threats to sports, schools or this country, and they deserve the same opportunities as their peers to learn, play and grow up in safe environments,” said Fatima Goss Graves, CEO of the National Women’s Law Center.
Trump's executive order also prompted the NCAA to change its participation policy on Thursday, limiting competition in women's sports to athletes assigned female at birth only.
The Department of Education says it is also investigating alleged violations by San Jose State University and the Massachusetts Interscholastic Athletic Association.
It's unusual for the Education Department to investigate past violations of new policy, or to investigate without first receiving a complaint.
The investigation in Massachusetts revolves around enforcing a forfeit against a team that refused to play against a transgender athlete. The San Jose case involves forfeits by opponents of their volleyball team and awarding a scholarship to a transgender athlete.
Meanwhile, three of Thomas’ other teammates on Tuesday sued UPenn, Harvard, the Ivy League and the NCAA in a federal court in Massachusetts, alleging they were deprived of equal opportunities as women to compete because of Thomas’ inclusion on the UPenn team at and competitions.
Lawyers who advise schools on Title IX say the Trump administration is taking an unusually aggressive approach by initiating its own investigations. Bonnie Young, a partner at Fox Rothschild, said such investigations typically aren't publicized until they're concluded.
“The enforcement landscape is changing rapidly with the new Administration and the flurry of executive orders,” Young said in an email. “Each day reveals new and bolder enforcement actions to bring public and private entities into compliance with the Administration’s objectives.”