The University of Pennsylvania has agreed to modify several school swimming records set by transgender athlete Lia Thomas and will issue apologies to female swimmers who were affected by her participation on the women’s swim team. The move is part of a voluntary resolution to a federal civil rights investigation.
The U.S. Department of Education and Penn jointly announced the agreement on Tuesday, resolving a high-profile case centered on Thomas, who became the first openly transgender athlete to win an NCAA Division I title when she competed in 2022 for Penn’s women’s swim team.
The federal investigation found that Penn had violated the civil rights of female athletes by allowing Thomas, a transgender woman, to compete in women’s events. The case stemmed from broader efforts by the Trump administration to restrict participation of transgender athletes in women’s sports.
As part of the settlement, Penn agreed to restore all individual NCAA Division I records and titles to female swimmers who placed behind Thomas. In addition, the university will send personal letters of apology to those athletes, according to the Education Department.
Penn has already updated its athletic website to reflect the change, listing other swimmers as the record holders in the 100, 200, and 500 freestyle events where Thomas previously held school-best times. A note added to the page reads: “Competing under eligibility rules in effect at the time, Lia Thomas set program records in the 100, 200 and 500 freestyle during the 2021-22 season.”
In a statement, Penn President J. Larry Jameson acknowledged that while the university followed NCAA eligibility rules during the 2021–2022 swim season, “some student-athletes were disadvantaged by these rules.” He added, “We recognize this and will apologize to those who experienced a competitive disadvantage or anxiety due to the policies in place at the time.”
Thomas has not commented on the development.
Under the agreement, the university must also commit to not allowing males to compete in female athletic programs and adopt what the Education Department referred to as “biology-based” definitions of male and female.
Jameson emphasized that Penn has always followed NCAA and Title IX guidelines as they were interpreted during the period in question and noted that the university had no separate policies of its own regarding transgender participation. He said Penn has since adjusted to the NCAA’s updated transgender athlete policy, issued in February, which limits women’s sports participation to athletes assigned female at birth.
“Our commitment to ensuring a respectful and welcoming environment for all of our students is unwavering,” Jameson said. “At the same time, we must comply with federal requirements, including executive orders, and NCAA eligibility rules so that our student-athletes can participate in competitive sports.”
Education Secretary Linda McMahon praised the outcome, calling it a win for female athletes. “The Department commends UPenn for rectifying its past harms against women and girls,” she said. “We will continue to enforce Title IX to its full extent.”
Riley Gaines, a former University of Kentucky swimmer who has been vocal on the issue, thanked former President Donald Trump on social media and reacted to the settlement by asking, “Are pigs flying?” Gaines has previously stated that her activism began after sharing a locker room with Thomas during the 2022 NCAA championships.
The Education Department began its investigation in February and concluded by April that Penn had violated Title IX, the 1972 law banning sex-based discrimination in education. Typically, such violations are resolved through voluntary agreements. Had Penn not cooperated, the department could have referred the case to the Department of Justice or initiated a process to withhold federal funding from the university.
Earlier this year, the department urged both the NCAA and the National Federation of State High School Associations (NFSHSA) to return titles, awards, and records it says were “misappropriated by biological males competing in female categories.”
At the college level, Thomas’ 2022 national title in the 500-yard freestyle was one of the most high-profile examples.
While the NCAA has updated its record books in cases involving recruiting violations, it has not responded to requests from the federal government regarding this matter. Nor has the NFSHSA. It’s also unclear how either organization would retroactively determine the participation of transgender athletes in past events.
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