Federal civil rights complaint filed with U.S. Department of Education over Colonial School District transgender sports policy

The Foundation Against Intolerance & Racism filed a federal civil rights complaint against the Colonial School District with the U.S. Department of Education’s Office for Civil Rights on February 27th.

The foundation purports to be “a nonpartisan, nonprofit organization dedicated to advancing civil rights and liberties and promoting a common culture grounded in fairness, understanding, and humanity.” It filed the complaint as an “interested third party” and alleges sex-based discrimination by the Colonial School District in violation of Title IX of the Education Amendments of 1972.

This is an administrative complaint with the U.S. Department of Education, not a lawsuit involving a court. The U.S. Department of Education Office of Civil Rights is empowered to investigate complaints of discrimination based on race, color, national origin, ancestry, sex or gender, disability, and age.

From the complaint:

We [the foundation] have received and verified reports that a male student from Colonial School District has consistently been allowed to compete on a high school indoor track team designated for female athletes in violation of Title IX. We are particularly concerned that this student is set to compete again as a representative of the district on March 1, 2025 in a race designated for females at the Indoor State Championship meet.

Further in the complaint, the foundation claims that “Allowing a biological male athlete to compete in the girls’ division deprives female athletes of their legally protected right to fair and sex-segregated athletic competition.” It goes on to state that by allowing the trans athlete to compete, the Colonial School District “violates Title IX, which prevents schools from discriminating against students on the basis of sex by ensuring that female students have access to equal athletic opportunities.”

The complaint asks the U.S. Department of Education’s civil rights office to investigate the Colonial School District’s compliance with Title IX, including its policies on transgender student participation in single sex sports. In addition, it requests that the civil rights office issue guidance to the district reaffirming Title IX’s legal protections based on biological sex and “mandate corrective action” to ensure that female athletes aren’t deprived of their legally protected opportunities under Title IX.

You can read the full complaint here.