“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,” read the release. ”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.”

A proposal explaining how it could remedy the situation and resolve the violations was sent to the university. The OCR gave UPenn ten days to comply, or the incident would be escalated to the Justice Department.

“OCR issued a proposed Resolution Agreement to UPenn to resolve the Title IX violations detailed in the noncompliance finding,” noted the release. “UPenn has 10 days to voluntarily resolve these violations or risk a referral to the U.S. Department of Justice (DOJ) for enforcement proceedings.”

The Education Department’s Resolution Agreement mandated that the university take three actions. 

First, UPenn is to release a statement stating it will “comply with Title IX in all of its athletic programs.” Second, UPenn must restore “all individual athletic records, titles, honors, awards or similar recognition for Division I swimming competitions misappropriated by male athletes competing in female categories” to the female swimmers affected by Thomas’s membership on the team. Third, the university must “send a letter 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.”

Lia Thomas was a 2021-2022 women’s swim team member at the University of Pennsylvania. Before that, he competed on the men’s team. His results competing against women were significantly better than when he competed against men. Many female swimmers on the team voiced their concerns anonymously at the time out of fear of being punished by the school. Penn’s female swimmers who objected to Thomas’s presence were dismissed by the school’s administration and were forced to comply. 

“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 Craig Trainor, acting assistant secretary for civil rights. “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.”