WASHINGTON – On Friday, February 28, the U.S. Department of Education’s Office for Civil Rights Seattle Branch opened an investigation into the Tumwater School District (TSD) amid allegations that it continues to violate Title IX by allowing male athletes to compete in girls’ interscholastic athletics. This investigation follows evaluation of a complaint filed by the Foundation Against Intolerance & Racism (FAIR) on behalf of a 15-year-old female student-athlete in TSD who allegedly experienced sex discrimination and retaliation for speaking up against males in female sports.
“OCR’s directed investigations of educational institutions, state boards of education, interscholastic associations, and school districts demonstrates that the Trump Education Department will vigorously enforce Title IX to ensure men stop competing in women’s sports,” said Craig Trainor, Acting Assistant Secretary for Civil Rights. “If Washington wants to continue to receive federal funds from the Department, it has to follow federal law.”
“FAIR is thrilled that the Department of Education is opening a Title IX investigation of Tumwater School District in Washington. All female student-athletes in Washington are entitled to feel safe in sports and enjoy a fair opportunity to compete,” said Monica Harris, the Executive Director of the Foundation Against Intolerance & Racism. “We deeply appreciate that schools and athletic associations are making efforts to create inclusive environments, but we also feel strongly that these efforts must not erode long-standing sex-based rights that are intended to protect girls.”
State laws do not override federal antidiscrimination laws, and TSD and their member schools remain subject to Title IX and its implementing regulations so long as they receive federal funds.
Background:
FAIR, a nonpartisan, nonprofit organization, filed an OCR complaint alleging that a 15-year old female student at TSD experienced sex discrimination preventing her from participating in her school’s basketball game after she discovered during the warm-up session that a player on the opposing team was a male. The complaint alleges that TSD school officials had advance notice that the member of the opposing team was a male, yet let the match proceed. When the complainant asked that competition be limited to female athletes, the TSD school principal reportedly cited Washington Interscholastic Activities Association (WIAA) policy, which allows athletes to play on the team that conforms to their “gender identity.” This led the complainant to remove herself from participation in the game for fear of her safety. The complaint also alleges that TSD is now “investigating” the 15-year-old female student for violating TSD’s policies against bullying and harassment by “misgendering” the male player.
Despite President Trump’s February 5 Executive Order and the Department of Education’s guidance that Title IX protects students based on their biological sex, Washington state officials have publicly announced plans to violate federal antidiscrimination laws related to girls’ and women’s sports. For example, Superintendent of Public Instruction Chris Reykdal on February 6 sent an email to all Washington public school superintendents directing schools to “continue to follow state law” allowing male athletes to compete against girls. On February 27, Tumwater School District Board of Directors adopted a resolution supporting an amendment to WIAA policy that would limit participation in the girls’ sports categories to students whose biological sex is female.