California‘s Title IX Violations: Education Department Finds Discrimination Against Female Athletes

the U.S. Department of Education’s Office for Civil Rights (OCR) has concluded its Title IX investigations into the California Department of education (CDE) and the California Interscholastic Federation (CIF), determining that both entities are in violation of Title IX for sex discrimination against women and girls. The OCR alleges that California has actively prevented equal opportunities for girls in athletics by allowing males to compete in sports designated for females [[1]].

Key Findings of the Title IX Investigation

According to U.S. Secretary of Education Linda McMahon, California has allowed males to “steal female athletes‘ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.” The Department of Education is prioritizing the protection of female athletes and will enforce Title IX protections for women and girls [[2]].

Did You Know? Title IX was enacted in 1972 and prohibits sex-based discrimination in any educational program or activity receiving federal funding.

Proposed Resolution Agreement and Required Actions

To address the Title IX violations, the OCR has issued a proposed Resolution Agreement to the CDE and CIF.They have 10 days to voluntarily agree to change their unlawful practices or face potential enforcement action, including referral to the U.S. Department of Justice (DOJ). The agreement requires several actions:

1. The CDE must issue a notice to all recipients of federal funding operating interscholastic athletic programs in California, mandating compliance with Title IX. This notice must specify that Title IX prohibits schools from allowing males to participate in female sports and from occupying female intimate facilities. Recipients must adopt biology-based definitions of “male” and “female.”
2. The CDE must advise recipients that any interpretation of california state law conflicting with the Resolution Agreement is preempted by federal law under Title IX.
3. The CDE and CIF must rescind any guidance that advised local school districts or CIF members to permit male athletes to participate in women’s and girls’ sports.
4. the CDE must require all recipients, including CIF, to restore to female athletes all individual records, titles, and awards misappropriated by male athletes competing in female competitions.
5. The CDE will send a personalized letter to each female athlete whose individual recognition is restored, apologizing on behalf of the state of California for allowing her educational experience to be marred by sex discrimination.
6. The CDE will require each recipient and CIF to submit an annual certification of Title IX compliance and propose a Monitoring Plan to the OCR.

Background on California’s Policies and Title IX

California state laws allow athletes to participate on teams based on an individual’s subjective “gender identity” rather than their sex, which contradicts the basis for Title IX protections. The CIF previously announced its intention to abide by state law, even if it violated federal antidiscrimination laws.

Pro tip: Stay informed about changes in federal and state laws regarding Title IX and their impact on athletic programs.

Timeline of Key Events

The Significance of Title IX Month

The Department of Education recognizes June as “Title IX Month” to honor the 53rd anniversary of the bill being signed into law. This month is dedicated to commemorating women’s continued push for equal educational and athletic opportunity.