On Feb. 4, the Department of Education (ED) sent a “Dear Colleague” letter stating that the Office for Civil Rights (OCR) will be reverting back to the 2020 Title IX Rule, created by former Education Secretary Betsy DeVos during Trump’s first term.
Among these new standards are increased leniency for schools accused of Title IX violations and required live hearings where students accused of sexual assault can cross-examine the person who accused them. A study by Duke University School of Law found that this process can be highly traumatic for survivors of sexual assault.
This ruling also struck down the 2024 Biden Administration Title IX Rule which had previously expanded the law to state “that discrimination on the basis of sexual orientation and gender identity (as well as discrimination based on sex stereotypes and sex characteristics) is prohibited sex discrimination.”
Smith’s new Title IX Coordinator, Amy Condon, assures students that under Smith’s policies, any form of discrimination can and should still be reported.
“Regardless of the content of recent Presidential Executive Orders, current law and Smith policy prohibits all forms of discrimination and harassment, including those related to gender identity and sexual orientation,” Condon said. “If any community member feels they are being treated differently based on an identity, the Office of Civil Rights Compliance is the place to go for support and options on how to address discriminatory or harassing behavior. Similarly, the change in the Title IX regulations does not change these protections, or whether those concerns will be addressed by the office. Smith College remains committed to protecting our LGBTQIA+ students, faculty and staff from discrimination, harassment and sexual misconduct.”
The Department of Education’s Dear Colleague letter also referenced an executive order signed by Trump on Jan. 20 entitled, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”. This order requires all federal agencies and departments to solely recognize “two sexes, male and female” and that “these sexes are not changeable.” The letter stated that since they are federal departments, the “ED and OCR must enforce Title IX consistent with President Trump’s Order.”
Trump also signed another executive order on Jan. 20 entitled, “Keeping Men Out of Women’s Sports,” which threatens to rescind federal funding as a penalty to any institution that does not enforce categories “based on identity and not sex.” The order requires eligibility for women’s sports to be “determined according to sex and not gender identity or testosterone reduction.” The order does not mention terms of eligibility for men’s sports. Prior to this order, the NCAA allowed athletes to compete with the category that best aligned with their gender identity as long as athletes competing under the women’s category met certain testosterone levels that varied based on the sport.
In response to these new executive orders, the NCAA released an announcement on Feb. 6 with stricter guidelines for transgender athletes. The new guidance states that “a student-athlete assigned male at birth may not compete for an NCAA women’s team” and that “a student-athlete assigned female at birth who has begun hormone therapy (e.g. testosterone)” is also not permitted to compete. Failure to comply with these rules could result in the entire team getting disqualified from competition and a loss of federal funding for the institution. There was not any information about how or when this policy would be enforced, leading to alarm within the athletic community about the possibility of hormone testing and genital checks. There is also no specific guidance on how this policy will apply to nonbinary athletes or transgender athletes who do not go through hormone therapy, as well if this policy will lead to the use of dead names or strictly binary pronouns during competitions.
As a historically women’s college, Smith is in a unique position when it comes to legislation regarding gender discrimination. According to their website, “Smith is a community that includes and celebrates people with a wide range of gender identities and expressions.” Admissions allows cisgender women, but also transgender women and nonbinary individuals to apply, leading to a gender-diverse community. However, many of the structures within our university, such as athletics, only have the category of “women.” Smith has eleven varsity women’s teams that were already subject to the prior NCAA regulations for transgender athletes, which forces certain athletes to make the decision between their collegiate career and gender affirming care.
Assistant Athletic Director Jessica Duff stated, “I imagine the NCAA will enforce this new policy the same way it does with other legislated rules and regulations. Typically, at the Division III level, violations are self-reported by the institution, or if another school or person believes a bylaw has not been upheld, they can reach out to Enforcement staff at the NCAA. As with all other NCAA eligibility criteria, member schools remain responsible for certifying student-athlete eligibility for practice and competition.”
While Smith is required to abide by these regulations to maintain their federal funding, Duff stated that Smith Athletics remains committed to fostering a welcoming environment for student-athletes, regardless of their identity. “The diversity of our student-athletes is what makes our programs special,” she said. “DEI education, training and awareness are important aspects of our department and vital to the work we do to support our student-athletes, coaches and staff. Per the NCAA mandate, we will continue to offer sexual violence prevention/Title IX education in consultation with the school’s Title IX Coordinator.”
Duff explained that amidst the uncertainty of how the new policies will be enforced across other NCAA member schools, there are still steps the staff are taking to keep Smith as safe and welcoming a place as possible for a wide variety of gender identities. Athletes are still allowed to practice in the gender category that best aligns with their identity under this new legislation. In addition, athletes can inform athletics administrative staff if they want their name or pronouns changed at any time throughout their career. They also have the option for this information to be solely sent to their coaches or also used in all departmental announcements and at home competitions. Finally, if athletes need counseling about options for NCAA-compliant gender affirming care, such as using binders or trans-tape, they can reach out to Assistant Athletic Director for Equity, Inclusion and Student-Athlete Well-Being Kelsey Parks-Smith to set up a meeting. Duff added that club sports like rugby, ultimate frisbee and fencing can also be a good option for transgender students, as they are not subject to NCAA regulations.
Although the new regulations can cause fear and anxiety for LGBTQ+ athletes because of their lack of direction and specific focus on constraining women’s sports, Smith staff members remain committed to protecting students regardless of the identities they hold.
