Department investigates alleged Title IX violation in Oregon

The Oregon Department of Education has been under investigation by the U.S. Education Department over an alleged violation of Title IX protections for allowing transgender athletes to compete in female sports.

Since March, the U.S. Department of Education’s Office for Civil Rights has launched multiple investigations into various states over Title IX violations for allowing males in female sports and intimate spaces.

California, a state that was found in violation of Title IX, is currently facing legal battles from the Department of Justice for not complying.

Craig Trainor, acting U.S. assistant secretary for civil rights, explained the Trump administration has been steadfast in its commitment to protecting women’s rights and that the Office for Civil Rights will use every lawful means to ensure female athletes are not denied equal opportunities.

“We will not allow the Portland Public Schools District (in Oregon) or any other educational entity that receives federal funds to trample on the anti-discrimination protections that women and girls are guaranteed under law,” said Trainor.

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The OCR launched its investigation after receiving a civil rights complaint back in May by Leigh Ann O’Neill, the chief of staff for the Center for Litigation at the America First Policy Institute. The complaint blamed the Oregon Department of Education and the Oregon School Activities Association for allegedly allowing a transgender athlete to compete in girls track and field.

“AFPI has requested that the Office for Civil Rights investigate the ODE and OSAA, issue findings, and take all necessary action to bring Oregon’s K–12 athletics programs into compliance with federal law,” the AFPI statement said.

The civil rights office said it sent letters to Kimberly Armstrong, the superintendent of Portland Public Schools, and the OSAA informing them of the investigation.

Created in collaboration with the ODE, the OSAA states its gender identity participation policy “promotes harmony and fair competition among member schools by maintaining equality of eligibility” and allows all students a chance to participate in interscholastic activities.

“I stand firm in our legal responsibilities, and I deeply value every student’s right to be treated with dignity, safety, and respect,” said Armstrong. She noted this is a “complex legal landscape.”

The AFPI complaint noted a trans runner, Ada Gallagher from McDaniel High School in Northeast Portland, had won two female races, the 200-meter and 400-meter.

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“Title IX was enacted to protect girls from this specific form of institutional discrimination now occurring in Oregon’s schools and athletic competitions,” the complaint concluded. “The Department of Education must take decisive action to end this unlawful practice and restore fairness, equality, and integrity to girls’ athletics in Oregon.”

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