UPenn Revises Swimming Records in Landmark Transgender Athlete Case

WASHINGTON — The University of Pennsylvania has revised several school swimming records originally set by Lia Thomas, a transgender athlete, following a settlement with the U.S. Education Department. This decision is part of a resolution to a federal civil rights case that scrutinized the participation of transgender athletes in women’s sports.

The agreement, announced on Tuesday, requires UPenn to restore individual Division I records and titles to female athletes who were outperformed by Thomas. Additionally, the university will issue personalized apology letters to these athletes. By Tuesday afternoon, the university’s website reflected updates, showing other athletes as record holders in Thomas’ events, with annotations acknowledging the eligibility rules at the time.

Background and Context

This case stems from the broader efforts of the Trump administration to restrict transgender athletes from competing in girls’ and women’s sports. Lia Thomas, who competed for UPenn until 2022, made history as the first openly transgender athlete to win an NCAA Division I title. The Education Department’s investigation concluded that UPenn had violated the rights of female athletes under Title IX, a 1972 law prohibiting sex discrimination in education.

UPenn President J. Larry Jameson commented, “While Penn’s policies during the 2021-2022 swim season were in accordance with NCAA eligibility rules at the time, we acknowledge that some student-athletes were disadvantaged by these rules.” He emphasized that the university has always complied with NCAA and Title IX regulations as they were interpreted at the time.

Policy Changes and Implications

As part of the settlement, UPenn must also publicly state that it will not permit males to compete in female athletic programs, adopting “biology-based” definitions of male and female. This aligns with the NCAA’s updated policy from February, which limits participation in women’s sports to athletes assigned female at birth.

Education Secretary Linda McMahon hailed the settlement as a victory for women and girls, stating, “The Department commends UPenn for rectifying its past harms against women and girls, and we will continue to fight relentlessly to restore Title IX’s proper application.”

Reactions and Future Considerations

Riley Gaines, a former University of Kentucky swimmer, expressed her approval of the settlement on social media, questioning, “Are pigs flying?” Gaines has been a vocal advocate against transgender athletes competing in women’s sports, citing her experiences at the 2022 NCAA championships where she shared a locker room with Thomas.

The Education Department’s investigation, which began in February and concluded in April, could have led to severe consequences for UPenn, including a referral to the Justice Department or a potential loss of federal funding. However, the voluntary agreement avoided these outcomes.

“Our commitment to ensuring a respectful and welcoming environment for all of our students is unwavering,” Jameson reiterated, highlighting the balance between compliance with federal requirements and maintaining a supportive environment for all students.

Broader Impact and Historical Parallels

The settlement with UPenn is part of a larger national debate over the inclusion of transgender athletes in sports. The NCAA and the National Federation of State High School Associations have been urged to reconsider titles and records awarded to transgender athletes, but have yet to respond to these requests.

Historically, the NCAA has adjusted its records in cases of recruiting violations or other infractions, but the challenge remains in determining the impact of transgender participation in past events. This case could set a precedent for how similar disputes are resolved in the future.

As the conversation around transgender athletes continues to evolve, institutions like UPenn are navigating complex legal and ethical landscapes. The resolution of this case may influence future policies and the ongoing dialogue about fairness and inclusion in sports.

Associated Press writers Annie Ma and Dan Gelston contributed to this report. Gelston reported from Philadelphia.

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