Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced the conclusion of its investigations concerning Title IX violations by the California Department of Education (CDE) and the California Interscholastic Federation (CIF). These investigations focused on allegations of discrimination against women and girls based on sex. The OCR has determined that both the CDE and CIF are in clear violation of Title IX, which mandates equal opportunities for all students, including in athletic programs.
Title IX of the Education Amendments of 1972 requires educational institutions to ensure that all students have equal access to educational opportunities, including in athletics. However, California has been criticized for allowing males to participate in athletic competitions designated for girls, undermining the spirit of this important federal law. U.S. Secretary of Education Linda McMahon stated, “Although Governor Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the CDE and CIF continued to permit this practice, which has led to female athletes losing their rightful accolades.”
As a direct result of the findings of noncompliance, the OCR has proposed a Resolution Agreement aimed at correcting the violations of Title IX. Both the CDE and CIF must take immediate action to comply within 10 days to avoid potential enforcement actions, including a referral to the U.S. Department of Justice (DOJ).
The proposed actions include:
The CDE will issue a formal notice to all recipients of federal funding operating interscholastic athletic programs in California, mandating compliance with Title IX. This notice will clarify that Title IX prohibits males from participating in female sports and using female intimate facilities. The CDE will inform recipients that any conflicting interpretations of California state law are overridden by federal law under Title IX. Both the CDE and CIF will rescind any guidance that has permitted male athletes to compete in women’s sports, affirming that Title IX takes precedence over state laws. The CDE will require all recipients to restore individual records, titles, and awards that were misappropriated by male athletes competing in female competitions. Each female athlete affected will receive a personalized letter of apology from the state of California for the discrimination they faced. The CDE will mandate annual compliance certifications from each recipient and the CIF to ensure adherence to Title IX.The Department of Education has declared June as ‘Title IX Month’, marking the 53rd anniversary of the signing of this pivotal legislation. This month serves as a reminder of the ongoing struggle for equal educational and athletic opportunities for women and girls. In a broader context, the OCR's findings highlight the need for strict enforcement of Title IX to safeguard the rights of female athletes.
Prior to these findings, the CIF had publicly stated its intention to adhere to state law concerning girls’ and women’s sports, despite its clear conflict with federal anti-discrimination laws. California's laws allow athletes to participate on teams based on subjective gender identity rather than biological sex, undermining the protections afforded by Title IX. The OCR opened an investigation into CIF following this announcement, which was escalated to the Title IX Special Investigations Team.
In light of recent legal developments, including a Supreme Court ruling affirming that laws regulating medical treatments related to gender identity require rational basis review, the importance of maintaining a clear distinction between biological sex and gender identity in the context of Title IX cannot be overstated.
As the situation unfolds, the OCR's commitment to enforcing Title IX protections for women and girls remains steadfast, ensuring that educational institutions uphold the principles of equality and fairness in sports and beyond.
