The U.S. Department of Education’s Office for Civil Rights (OCR) has initiated an investigation into the Oregon Department of Education (ODE). This follows allegations that ODE’s policies allow males to compete in female sports, potentially violating Title IX of the Education Amendments of 1972, which prohibits sex discrimination.
The investigation was prompted by a complaint from the America First Policy Institute (AFPI), a non-profit policy center focused on defending individual liberty and equal opportunity.
“In the last six months, the Trump Administration has made historic strides in cleaning up the countless failures of the Biden Administration, including the prior Administration’s dedication to gender ideology extremism. Oregon appears to have missed the message: The Trump Administration will not allow educational institutions that receive federal funds to continue trampling upon women’s rights,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “If Oregon is permitting males to compete in women’s sports, it is allowing these males to steal the accolades and opportunities that female competitors have rightfully earned through hard work and grit, while callously disregarding women’s and girls’ safety, dignity, and privacy. Title IX does not permit that shameful arrangement, and we will not tolerate it.”
“Thanks to Secretary McMahon’s leadership, this investigation is moving forward as a vital step toward restoring equal opportunity in women’s athletics," said Jessica Hart Steinmann, Executive General Counsel at America First Policy Institute. "Title IX was meant to protect girls — not to undermine them — and we’re hopeful this signals a return to that original purpose.”
According to AFPI's complaint, ODE's guidance states that schools cannot exclude gender expansive students from participating in school athletics according to their gender identity. However, state laws do not override federal antidiscrimination laws like Title IX.
The complaint further alleges that female athletes in Oregon have lost awards and competitive opportunities to biological males and experienced stress and intimidation. It also claims that ODE discouraged female athletes from questioning or complaining about male athletes competing in girls' categories.
Additionally, AFPI contends that policies by the Oregon School Activities Association (OSAA) violate Title IX by allowing participation based on gender identity rather than biological sex. In March, OCR began a separate Title IX investigation into OSAA over its policies regarding gender identity participation.
Title IX prohibits sex-based discrimination in educational programs receiving federal financial assistance.
