After announcing a resolution with the Department of Education on July 1 to settle a Title IX investigation, Penn has begun complying with the federal government’s outlined requirements.

The University has removed 2022 College graduate and former Penn swimmer Lia Thomas’ individual records and issued a public statement specifying that Penn Athletics “will adopt biology-based definitions for the words ‘male’ and ‘female’ pursuant to Title IX and consistent with President Trump’s Executive Orders.” Penn is still facing an ongoing lawsuit from three former swimmers who argue that Thomas’ participation in the 2022 Women’s Ivy League Swimming and Diving Championships violated Title IX.

Here’s everything you need to know.

Thomas’ records stripped

As of July 1, Penn has stripped Thomas’ individual records from the Penn Athletics website. 

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The changes are in compliance with the Education Department’s demand that Penn restore accolades that were “misappropriated” by transgender athletes.

The University clarified Thomas’ involvement, however, by noting at the bottom of the webpage that “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 Tuesday statement to the University community, Penn President Larry Jameson maintained that Thomas’ participation in the 2021-22 NCAA swimming and diving season complied with both federal and NCAA regulations at the time. 

The NCAA changed its policy in February, following an executive order from 1968 Wharton graduate and President Donald Trump’s administration that barred transgender women from participating in women’s sports.

At the time of publication, Thomas is still named in the record for the 400-meter freestyle relay. 

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Penn issues new Title IX statement

In accordance with demands from the Education Department, Penn made a public announcement confirming its compliance with Title IX across all athletic programs. The announcement also noted the University’s adoption of “biology-based definitions” of sex, pursuant to both the Education Department’s interpretation of Title IX and executive orders issued by Trump.

“The University of Pennsylvania will comply with Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq. (“Title IX”), as interpreted by the Department of Education, in all of its athletics programs,” the statement — posted on Penn’s website — states. “The University will not—on the basis of sex—exclude female students from participation in, deny female students the benefits of, or subject female students to discrimination under, any athletics programs.”

The announcement also added that all Penn Athletics intimate facilities — such as locker rooms or bathrooms — will be “strictly separated on the basis of sex and comparably provided to each sex.” The Education Department has required Penn to bar transgender women from “occupy[ing] Penn Athletics female intimate facilities.” 

High-profile settlement

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Penn is the first Ivy League university to reach an agreement like this with the Education Department. Secretary of Education Linda McMahon referred to Penn’s compliance as “a turning point in [the federal government’s] fight to defend women’s sports” during a speech in Washington on Tuesday. 

“We applaud UPenn’s decision, and we advise every institution that is currently violating women’s rights under Title IX to follow suit—not just in college sports, but in K-12 and every other institution covered by Title IX,” she continued. 

McMahon’s sentiments were echoed by Education Department Acting Assistant Secretary for Civil Rights Craig Trainor in a Wednesday interview with The Daily Pennsylvanian. 

“Penn provides a model for institutions that want to do right by their victims, and that want to follow the law and show that they are ready to be serious and responsible and respect the anti-discrimination laws that they are required to follow if they want to continue to receive taxpayer funds,” Trainor said. 

On Wednesday morning, the White House released $175 million in previously frozen federal funding. The decision to cut funding — which was originally made in March — was attributed to Penn having “infamously permitted a male to compete on its women’s swimming team,” by a senior White House official at the time.

Trainor clarified that the Education Department’s OCR will continue investigations and offer universities the opportunity to “come to the table, get ahead of this, and work with us to come into compliance with federal civil rights law.” He noted, however, that cooperation would be contingent on institutions following the agency’s terms.

Lawsuit against Penn continues

Penn is still facing an ongoing lawsuit from three former Penn swimmers — who are suing Penn, Harvard University, the Ivy League, and the NCAA for allegedly violating Title IX by allowing Thomas to compete in the 2022 Women’s Ivy League Swimming and Diving Championships.

Penn filed a motion to dismiss the initial suit in April, writing that the plaintiffs “cannot establish causation against Penn” and “failed to plead that they suffered a concrete injury related to their claims.” 

A June 11 filing — submitted on behalf of 2022 College graduate Grace Estabrook, 2024 College graduate Margot Kaczorowski, and 2024 College graduate Ellen Holmquist — urged the court to deny Penn’s motion to dismiss the case, arguing that Thomas’ participation in the event was not in accordance with the NCAA regulation, and deprived the other competitors of equal opportunity in violation of Title IX.

In his Tuesday letter, Jameson maintained that the University “has always followed – and continues to follow – Title IX and the applicable policy of the NCAA regarding transgender athletes.”