Penn Athletics removed its DEI webpage on Feb. 6 following the announcement of a U.S. Department of Education investigation.
Credit: Kylie CooperThe United States Department of Education has launched an investigation into Penn for alleged Title IX violations for allowing 2022 College graduate and transgender woman Lia Thomas to compete for Penn’s women’s swimming and diving team during the 2021-22 swimming and diving season.
The investigation was launched one day after 1968 Wharton graduate and President Donald Trump signed an executive order prohibiting transgender athletes from participating in women’s sports. Shortly after the announcement of the investigation on Thursday morning, Penn Athletics removed its diversity, equity, and inclusion page from its website — including its policy on the inclusion of transgender student-athletes.
“We are reviewing these websites and programs to ensure they are consistent with our nondiscrimination policies and federal law," a University spokesperson wrote in a statement to The Daily Pennsylvanian.
“We’re putting every school receiving taxpayer dollars on notice,” Trump stated in his address before signing the executive order. “If you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding.”
Penn Athletics’ website previously stated that the “[Division of Recreation and Intercollegiate Athletics] is dedicated to fair and inclusive practices for all student-athletes, coaches, and staff including those who identify as transgender.” The page was still live as of early Thursday morning.
The website also stated that Penn’s support for inclusion was consistent with the NCAA’s policies regarding how and when to include transgender athletes in compliance with testosterone or testosterone suppression medication, among other treatments.
The investigation and the removal of the website also come two days after three former Penn swimmers filed a lawsuit against Penn and other entities for alleged Title IX violations after Thomas competed at the 2022 Ivy League Championships, which were hosted at Harvard University.
The three Penn graduates allege that Penn and the other defendants — Harvard, the Ivy League, and the NCAA — deprived them and other competitors “of equal opportunities as women to compete and win while being denied the opportunity to protect their privacy in separate and equal locker rooms.” One of the swimmers specifically alleged that she was left off the Ivy League Championships roster because of Thomas.
The Office for Civil Rights — which is housed within the U.S. Department of Education — will investigate San Jose State University and the Massachusetts Interscholastic Athletic Association along with Penn for separate incidents involving transgender student-athletes representing women’s sports teams, according to a statement.
The DOE also warned K-12 schools and other higher education institutions last week of a return to enforcing Title IX protections based on biological sex.
“President Trump’s Executive Order ‘Keeping Men Out of Women’s Sports’ is a promise to women and girls: this administration will not tolerate the mistreatment of female athletes,” acting assistant secretary for civil rights Craig Trainor wrote in a DOE statement.
“I’m deeply grateful to the Department of Education for addressing Title IX violations concerning female athletes with such seriousness,” 2022 Engineering graduate and former Penn swimmer Paula Scanlan — who has built an activist career after competing with Thomas — wrote in the DOE’s statement. “As a former University of Pennsylvania swimmer who was forced to compete against and share a locker room with a male athlete, I look forward to them holding accountable the higher education institutions that promoted this.”
While representing the Penn women’s swimming and diving program, Thomas collected numerous accolades, including a win at the 2022 NCAA Division I Championship in the 500-yard freestyle, fifth place in the 200 freestyle, and three Ivy League individual titles.
Editor's Note: This story has been updated to reflect that Paula Scanlan is a 2022 Engineering graduate. A previous version of this story identified her as a 2022 College graduate. The DP regrets the error.
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