Office for Civil Rights finds California violated Title IX by allowing men to compete in women’s sports

The U.S. Education Department’s Office for Civil Rights announced on Wednesday that two California institutions violated federal civil rights law by allowing men to compete in women’s sports.

The Department of Education announced the investigation’s conclusion into the California Department of Education (CDE) and the California Interscholastic Federation (CIF) in a June 25 press release.

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The California Interscholastic Federation is a private organization that oversees high school sports. The organization also receives public funding, making it subject to federal civil rights laws.

In the press release, the Education Department says that Title IX protections for single-sex programs “requires schools to ensure equal opportunities for girls, including in athletic activities.” However, “California has actively prevented this equality of opportunity by allowing males in girls’ sports and intimate spaces.”

To become compliant following the investigation’s conclusion, the CDE must restore the records and awards of women and girls, apologize to them for failing to uphold Title IX, and make clear to lower bodies of governance, such as local school districts, that allowing boys to compete in girls’ categories constitutes a civil rights offense.

“Although Governor Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions,” Secretary of Education Linda McMahon said in the department’s press release.

McMahon is referencing Gov. Gavin Newsom’s comments from a March episode of his podcast, where he said that men playing in women’s sports is “an issue of fairness.”

“[O]ur findings today make clear that California has failed to adhere to its obligations under federal law,” she continued. “The state must swiftly come into compliance with Title IX or face the consequences that follow.”

In a Wednesday appearance on Fox & FriendsSecretary McMahon emphasized that if the CDE and CIF don’t comply within 10 days, then the Education Department will refer the case to the Department of Justice.

McMahon also called on Newsom to “put his money where his mouth is” by correcting the situation of males competing in females’ sports in his state. California schools risk losing federal funding as a result.

[RELATED: Campbell University faces civil rights complaint over sex- and race-based scholarships]

Under President Trump, the executive branch has moved against allowing men to participate in women’s athletic competitions. California is also under a Department of Justice investigation for potential Title IX violations.

In April, the Department of Education announced the end of an investigation into the University of Pennsylvania. The Office for Civil Rights found that the university failed to uphold Title IX protections in permitting transgender-identifying individuals to compete in women’s sports.

The administration “will not allow male athletes to invade female private spaces or compete in female categories,” Acting Assistant Secretary for Civil Rights Craig Trainor said at the time.

Campus Reform has contacted the California Department of Education and the California Interscholastic Federation for comment. This article will be updated accordingly.

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