Education Department investigates transgender athlete policy at California community colleges

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Kimberly M. Richey, Former Acting Assistant Secretary and Principal Deputy Assistant Secretary, U.S. Department of Education, Office for Civil Rights | The Federalist Society

Education Department investigates transgender athlete policy at California community colleges

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The U.S. Department of Education and the Department of Justice’s Title IX Special Investigations Team (Title IX SIT) has launched an investigation into the California Community College Athletic Association (3C2A). The inquiry centers on allegations that 3C2A’s ‘Transgender Participation Policy’ may violate Title IX, which prohibits sex-based discrimination in educational programs receiving federal funds.

According to the complaint filed with the Office for Civil Rights, 3C2A’s policy allows a transgender female or non-binary student-athlete who has completed at least one year of testosterone suppression treatment to compete on women’s teams. The complaint claims this policy led to discrimination against at least three female athletes when a male athlete participated on a women’s volleyball team and accessed women’s locker facilities during the 2024 and 2025 seasons. It also alleges that complaints from female students about these incidents were ignored by 3C2A.

As an organization setting policies for federally funded educational institutions in California, 3C2A is required to comply with Title IX regulations.

Assistant Secretary for Civil Rights Kimberly Richey stated: “The fact that a Community College Athletic Association has a ‘Transgender Participation Policy’ is a stunning indictment of our culture. Women’s sports are for women. Yet California’s Governor Gavin Newsom—despite admitting the truth on a podcast—continues to put ideology above the safety of and fairness for his own students. The Trump Administration will not tolerate policies that erase women’s rights,” said Assistant Secretary for Civil Rights Kimberly Richey. “The Title IX SIT looks forward to investigating this matter to ensure every woman has equal access to educational programs and athletic opportunities—because fairness and safety are non-negotiable.”

In April 2025, responding to an increase in Title IX complaints, both agencies established the Title IX Special Investigations Team with the aim of streamlining investigations and speeding up enforcement processes. The team previously conducted its first investigation into the California Department of Education.

Earlier in the week, as Supreme Court justices heard arguments related to state laws banning men from competing in women’s sports, Secretary McMahon spoke outside the Court about maintaining protections for female athletes under Title IX.

Title IX remains a federal law prohibiting discrimination based on sex within any program or activity receiving federal financial assistance.

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