Department of Education finds that Penn violated Title IX; demands apology

The order is the latest in running controversy about Penn’s transgender athlete policy

Photo Credit: University of Pennsylvania Athletics

By Sarah Mester

The U.S. Department of Education Office of Civil Rights accused the University of Pennsylvania of violating Title IX of the Federal Civil Rights Act. They released a statement on April 28, 2025, announcing that it had found that the University of Pennsylvania was not in compliance because they had violated Title IX of the Education Amendments of 1972 by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.” 

It is unclear to what extent this development might be connected to a lawsuit filed by three former Penn swimmers alleging that Penn violated Title IX by allowing 2022 College graduate Lia Thomas—a transgender woman—to compete on the women’s team. The athletes allege that they were not allowed“ to compete and win, while being denied the opportunity to protect their privacy in a separate and equal locker room.”. They cite the fact that Lia Thomas was awarded titles and records in the women’s swimming division as evidence of their claim. 

Penn has 10 days to comply with a Resolution Agreement with the following three requirements: 

  1. Issue a statement to the University community stating that the University will comply with Title IX in all of its athletic programs;
  2. 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
  3. 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.

If Penn does not voluntarily comply, the statement warned that Penn could “risk a referral to the U.S. Department of Justice (DOJ) for enforcement proceedings.” 


Sarah Mester is a senior in the College studying Political Science and Classics from San Francisco, CA. She’s the News Editor for The Pennsylvania Post. Her email is smester@sas.upenn.edu.

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