The University of Pennsylvania has agreed not to allow males who identify as female athletes in women’s sports, according to Education Secretary Linda McMahon.
“Not only that, the university will be sending a personal apology to every female athlete who was forced to compete against a man,” McMahon said in a speech on July 1.
“They will also be removing all records set by a man in a women’s sports competition.”
McMahon said UPenn has agreed to change its athletics policy “to ensure that no female athlete will ever compete against, or suffer the indignity of being forced to share an intimate facility with, a biological male.”
“This is a complex issue, and I am pleased that we were able to reach a resolution through the standard OCR process for concluding Title IX investigations,” Jameson said in the statement.
“Our commitment to ensuring a respectful and welcoming environment for all of our students is unwavering.
“At the same time, we must comply with federal requirements, including executive orders, and [National Collegiate Athletic Association (NCAA)] eligibility rules, so our teams and student-athletes may engage in competitive intercollegiate sports.”
Jameson said the university has never maintained a policy of its own regarding transgender-identifying athletes in intercollegiate sports.
“We adhere to NCAA and Ivy League rules that are designed to ensure fair and transparent athletic competitions for all schools and participants,” he said.
“The University will not—on the basis of sex—exclude female students from participation in, deny female students the benefits of, or subject female students to discrimination under, any athletics programs,” the statement reads. “In addition, in providing to female student-athletes intimate facilities such as locker rooms and bathrooms in connection with Penn Athletics, such facilities shall be strictly separated on the basis of sex and comparably provided to each sex.”
The university acknowledged that although its policies during the 2021–2022 swim season were in accordance with NCAA eligibility rules at the time, “some student-athletes were disadvantaged by these rules.”
“We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time,” Jameson said in the statement. “We will review and update the Penn women’s swimming records set during that season to indicate who would now hold the records under current eligibility guidelines.”
McMahon said the Trump administration was clear in telling UPenn “that allowing men to claim they are women, so they can invade women’s locker rooms and compete against them in sports, was neither fair nor safe.”
Riley Gaines, a six-time record setter at the University of Kentucky and a three-time NCAA championship and U.S. Olympic qualifier, competed against Thomas in the 200-meter freestyle in the NCAA Women’s Championship competition in 2022.
Even though the two tied for fifth place, Gaines claims that an NCAA official told her that he had been advised that when photos were being taken, it was crucial that the transgender-identifying swimmer hold the trophy, not her.
Gaines claims that she was allowed to pose with the trophy but was told that it would be given to Thomas.
McMahon acknowledged Gaines and Paula Scanlan, saying they have worked hard on behalf of the female athletes who will come after them.
“So it’s appropriate that today’s announcement is a Resolution Agreement on Title IX and women’s rights with the University of Pennsylvania, where Paula and Riley’s fight began,” McMahon said.
