SJSU target of Title IX investigation amid Trump's crackdown on transgender athletes

SAN FRANCISCO -- The Trump administration is investigating potential civil rights violations at two universities and a high school sports league that allowed transgender athletes to compete on women's teams, the Education Department said Thursday.

The agency is opening reviews at San Jose State, the University of Pennsylvania and the Massachusetts Interscholastic Athletic Association.

The reviews come a day after President Donald Trump signed an executive order intended to ban transgender athletes from competing in girls' and women's sports. The order calls for penalties against schools and leagues, saying competing against transgender athletes deprives female students of equality.

RELATED: NCAA changes transgender policy to limit women's competition to athletes assigned female at birth

The Education Department said it opened the cases over suspected violations of Title IX, the 1972 law barring sex discrimination in education. Opening an inquiry isn't meant to indicate a finding of wrongdoing, according to department policy. Additionally, the agency said it is reviewing athletics policies at a number of other schools.

San Jose State is being investigated over a player's participation on the women's volleyball team. A lawsuit filed by players against the Mountain West Conference argued that letting her compete poses a safety risk, but San Jose State has not confirmed it has a transgender woman on the volleyball team.

SJSU released the following statement in response to the investigation:

"San José State University is committed to ensuring that all of our students, including our student-athletes, are treated fairly, free from discrimination, and afforded the rights and protections granted under federal and state law, including privacy rights. We follow policies and regulations set forth by the California State University system and applicable law, and we recognize that at times, these laws and policies may intersect in complex ways. In navigating these frameworks, our focus remains on upholding our responsibilities while supporting our students.

Recently, we were notified that the U.S. Department of Education has initiated a directed investigation related to Title IX in light of President Trump's Executive Order with respect to athletics participation. As with any federal inquiry, we will fully engage with the process, follow established procedures, and remain transparent in our compliance with all applicable laws.

While we adhere to legal and regulatory requirements, San José State will continue to act within our authority to uphold the values that define us as an institution. Our focus remains on our values including fostering an environment that cultivates compassion, where every student has the opportunity to thrive. We remain steadfast in our role as a place of learning, respect, and opportunity for all."

RELATED: Judge hears lawsuit over SJSU trans athlete claims ahead of Mountain West tournament

The investigation at Penn focuses on Lia Thomas, who swam on the women's team and was the first openly transgender athlete to win a Division I title in 2022. Thomas graduated that year.

According to the Education Department, the Massachusetts Interscholastic Athletic Association allowed a transgender athlete to compete on a girls' high school basketball team, prompting an opposing team to forfeit after three players were reportedly injured. The department did not identify the schools or give further details.

Athletic associations typically don't receive federal money from the Education Department, and it was not immediately clear what authority the agency had to investigate the Massachusetts league.

The Education Department has shifted its civil rights priorities as it aligns with Trump's agenda to target antisemitism and gender identity issues. The investigations also build on Trump's campaign rhetoric, which pledged to end "transgender insanity."

"The previous administration trampled the rights of American women and girls -- and ignored the indignities to which they were subjected in bathrooms and locker rooms -- to promote a radical transgender ideology," said Craig Trainor, the department's acting assistant secretary for civil rights.

The universities and association did not immediately provide comment.

RELATED: Transgender athletes controversy erupts in Bay Area high school sports

Advocates for transgender students condemned the investigations.

"Utilizing the Title IX enforcement process to discriminate against trans women and girls is such a gross abuse of power and it's unlawful," Shiwali Patel, the senior director of Safe and Inclusive Schools at the National Women's Law Center, said in a statement. "Courts have affirmed that trans women and girls have civil rights protections when it comes to playing sports, and sports bans targeting trans women harm every woman or girl -- including those who are cis -- who doesn't fit sex-based stereotypes of how a woman or a girl should look, play, or act.

"Instead of targeting trans people, the Trump administration should focus on promoting policies that actually benefit women and girls in sports."

Title IX has been at the center of a political tug-of-war in recent years. Under former President Joe Biden, new federal rules expanded the law to protect LGBTQ+ students. A federal judge overturned Biden's rules this year, calling them an overstep.

The Trump administration has been using Title IX to push against schools that provide accommodations for transgender students. Last month, the Education Department opened an investigation into Denver public schools after an all-gender restroom replaced a girls' restroom while leaving another exclusive to boys.

In his order, Trump directed federal agencies to "rescind all funds from educational programs that deprive women and girls of fair athletic opportunities." The Education Department's Office for Civil Rights can move to cut federal money for institutions that violate civil rights, but only if it's approved by a judge and if the office fails to negotiate a resolution.

The Associated Press contributed to this report.