BOSTON — A federal district judge in Massachusetts is considering staying a lawsuit brought by three former Penn swimmers against Penn, Harvard University, the Ivy League, and the NCAA for allegedly violating Title IX by allowing 2022 College graduate Lia Thomas to compete in the 2022 Women’s Ivy League Swimming and Diving Championships.
At a July 21 hearing, Judge William Young granted the Ivy League’s motion to be dismissed from the case. Pending a decision on whether Harvard will also be dismissed, the court will either call the remaining three defendants for further arguments or stay the case while awaiting a ruling in a similar suit filed in a federal district court in Georgia.
Should Harvard be dismissed from the lawsuit, the remainder of the case against Penn and the NCAA would be put on hold until a decision is reached in Gaines v. NCAA — a separate Title IX case filed in federal court in Georgia by University of Kentucky swimmer and anti-trans activist Riley Gaines, challenging the NCAA’s former eligibility policies for transgender athletes.
If Young decides not to dismiss Harvard from the case, the lawsuit will move forward independently. Penn’s attorneys said that they would “take no issue” with staying the case pending the Georgia lawsuit but are prepared to argue dismissal if the case proceeds.
At the time of publication, the court has not issued a decision on Harvard’s motion.
Initially filed on Feb. 4 by 2022 College graduate Grace Estabrook, 2024 College graduate Margot Kaczorowski, and 2024 College graduate Ellen Holmquist, the lawsuit alleges that Thomas’ participation deprived them of “equal opportunities as women to compete and win while being denied the opportunity to protect their privacy in separate and equal locker rooms.”
Estabrook and Kaczorowski were present at the U.S. District Court in Boston on Monday.
The July 21 hearing marked the first court proceeding in the case since Penn reached a settlement with the federal government on July 1, resolving a Department of Education investigation into the same matter
Since the agreement, the University has complied with the Education Department’s demands, removing Thomas’ individual records, issuing a public statement noting their adoption of “biology-based definitions” of sex, and sending ”letter[s] of apology to each impacted female swimmer.”
Despite the developments in Penn’s federal case, the plaintiffs’ attorney William Bock affirmed to the court that the swimmers still sought declaratory relief, compensatory damages, and nominal damages related to the 2022 championships from all four defendants. Bock alleged that the defendants engaged in a “conspiracy” to “pressure” the NCAA to change its rules regarding gender ideology.
Harvard argued it should be dismissed from the case because it followed standing policies when hosting the event, and had “no control” over “Penn’s rostering policies.” The university’s attorneys also stated that the plaintiffs lacked standing and could not claim “speculative future injury” because the swimmers did not directly encounter Thomas in the locker room.
Attorneys for the Ivy League stated that it is not subject to Title IX because it does not receive federal funding and — as an “unincorporated association” — cannot be held liable based on the funding received by its member schools.
Penn submitted a motion to dismiss the initial suit in late April, writing that the plaintiffs “cannot establish causation against Penn” and “failed to plead that they suffered a concrete injury related to their claims.”
The swimmers filed a reply in opposition to the University’s motion to dismiss their lawsuit on June 11, urging the court to deny Penn’s motion to dismiss the case. They argued that Thomas’ participation in the event was not in accordance with the NCAA regulation and deprived other competitors of equal opportunity in violation of Title IX.
