Va. AG: Trans Policy Violated Female Swimmers' Rights

Roanoke College has been accused of violating Virginia's Human Rights Act and the federal Title IX statute for discriminating and retaliating against female student athletes who objected to a biological male joining their swimming team.

Documents related to Republican Attorney General Jason Miyares' investigation also determined that the female athletes are eligible to seek compensatory and punitive damages as well as injunctive relief under Virginia's Human Rights Act, which prohibits unlawful discrimination and retaliation by educational institutions on the basis of sex.

"Women deserve an equal opportunity to participate in competitive sports," Miyares said in a news release. "That opportunity is protected by state and federal law. The Roanoke women swimmers endured harassment, discrimination, and retaliation just for standing up for their right to compete. My office will keep working to ensure equal opportunities for female athletes in sex-separated collegiate sports."

Roanoke College said in a statement Monday that it is aware of Miyares' report alleging the school violated the Virginia Human Rights Act and Title IX in its response to a transgender student's request to join the women's swim team.

"The college categorically denies the unsubstantiated allegation that its trustees, faculty, staff, coaches, or administration violated the human rights of any students or retaliated against them in any way," the school said.

In August 2023, Roanoke College told the women's swimming team that a biological male would be joining, according to Miyares' office. The swimmer had been a member of the men's team and underwent hormone therapy to meet the NCAA's anticompetitive guidelines, which have now changed. The women's swim team unanimously objected, stating that it wouldn't be fair to compete against a postpubescent biological male.

At the time, the NCAA required transgender student athletes to submit documentation twice annually showing they meet sport-specific testosterone thresholds. Additional documentation was required within four weeks before NCAA championships.

But in February, possibly under pressure by the Trump administration, the NCAA switched its policy by restricting competition in women's sports to biological females, although biological males can practice with women's teams and receive associated support.

The male swimmer dominated the female swimmers' times and skipped practices, Miyares' office said. The school said in an October 2023 statement that it was the first time it encountered such a situation, which prompted it to launch "a process to help inform our decision on transgender student-athlete participation in all sports at the College." The statement also noted that the NCAA provided "confusing and contradictory guidance for schools to navigate" trans athletes.

The Board of Trustees voted to "defer to the policy of the national governing body of each sport regarding student-athlete participation eligibility" moving forward. The female swimmers met repeatedly with the college's leadership and wrote letters to the administration, but Miyares' office said the college ignored their objections, kept the male swimmer on the team, and refused to change its discriminatory policy. The trans athlete eventually withdrew the request to participate on the women's team, the Virginia Mercury reported.

When the women publicly spoke out against the college and its policy, Roanoke retaliated against them by denying applications by multiple female swimmers for a study-abroad program, according to Miyares' office. The college "denies engaging in retaliation" by rejecting the swimmers' applications, according to Miyares' investigative report.

"I urge Roanoke College to ensure that no educator can unjustly derail a student's journey in the future without facing serious consequences," said Katie Mullins in a statement on behalf of her daughter, Lily Mullins, a former team captain, according to the Mercury. "Your actions were not just a reflection of personal bias; they were a betrayal of the values that an education should uphold."

Roanoke College said it acted "swiftly but deliberatively to study the matter and" in the face of contradictory guidance within six weeks, had adopted a policy more stringent than the NCAA's, which rendered the student ineligible to compete.

"As the report says: 'As a factual matter, the Office does not find sufficient evidence that the women were denied the opportunity to compete in this case or that the College itself subjected the women to a hostile environment based on sex,'" the school stated.

"The report does allege that our faculty retaliated against members of the women's swim team by rejecting their applications to May Term courses. That accusation is patently false; our faculty acted in good faith and followed our usual process regarding student selection for May Term courses."

Roanoke College said it has cooperated fully with Miyares' office "and will continue to do so. We will also continue to stay in conversation within our community as we seek to find a path forward that supports and honors each and every member of our community."