New EO re Title IX Athletics Policies

Yesterday, President Trump issued an Executive Order “Keeping Men Out of Women’s Sports” which directs OCR to enforce Title IX against schools and athletic associations that deny female students equal athletic opportunities by allowing transgender students to compete on girls’ teams or change clothes in the same area as cisgender female students. Merely having a gender-inclusive athletics policy does not appear to meet the standard of requiring cisgender female students to compete with or change in front of transgender female students. Although OCR has initiated complaints against schools and an athletic association based on the order, in each of those cases there were specific cisgender female students who were required to compete against transgender female students; the complaints do not attack general gender-inclusive athletic policies.