Today, the U.S. Department of Education’s (ED) Office for Civil Rights (OCR) announced its finding that the University of Pennsylvania (UPenn) violated Title IX of the Education Amendments of 1972. OCR notified UPenn President J. Larry Jameson that the University’s policies and practices violated Title IX by denying women equal opportunities by permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.
OCR issued a proposed Resolution Agreement to UPenn to resolve the Title IX violations detailed in the noncompliance finding. UPenn has 10 days to voluntarily resolve these violations or risk a referral to the U.S. Department of Justice (DOJ) for enforcement proceedings.
“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 Acting Assistant Secretary for Civil Rights Craig Trainor. “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.”
ED’s proposed Resolution Agreement requires UPenn to take the following actions:
(i) Issue a statement to the University community stating that the University will comply with Title IX in all of its athletic programs;
(ii) Restore to all female athletes all individual athletic records, titles, honors, awards or similar recognition for Division I swimming competitions misappropriated by male athletes competing in female categories; and
(iii) Send a letter to each female athlete whose individual recognition is restored expressing an apology on behalf of the University for allowing her educational experience in athletics to be marred by sex discrimination.
Background:
OCR launched its directed investigation of UPenn under its authority pursuant to Title IX of the Education Amendments of 1972. Title IX and its implementing regulation prohibit discrimination on the basis of sex in any education program or activity receiving federal financial assistance.