Education Department Opens Title IX Probe Into Smith College for Admitting Biological Males

The U.S. Department of Education announced Monday that its Office for Civil Rights has opened an investigation into Smith College for admitting biological men and granting them access to women-only spaces, including dormitories, bathrooms, locker rooms and athletic teams.

"Today, the U.S. Department of Education’s Office for Civil Rights (OCR) opened an investigation into Smith College, one of the nation’s largest all-women's colleges, for admitting biological men and granting them access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams," the department said in a statement. "OCR will determine whether the college violated Title IX of the Education Amendments of 1972 (Title IX) by allowing biological males into women’s intimate spaces."

"Title IX prohibits discrimination on the basis of sex in any program or activity receiving federal financial assistance," the department explained. "Title IX contains a single-sex exception that allows colleges to enroll all-male or all-female student bodies — but the exception applies on the basis of biological sex difference, not subjective gender identity. An all-girls college that enrolls male students professing a female identity would cease to qualify as single sex under Title IX."

The college describes itself as a "women's college" but considers for admission any applicants who self-identify as women. "Cis, trans, and nonbinary women are eligible to apply to Smith," the school states.

"Smith College has received notice that the U.S. Department of Education’s Office for Civil Rights (OCR) opened a Title IX investigation into the College," the school said in a statement. "The College is fully committed to its institutional values, including compliance with civil rights laws. The College does not comment on pending government investigations."

Smith College is located in Massachusetts.

"An all-women’s college loses all meaning if it is admitting biological males," Assistant Secretary for Civil Rights Kimberly Richey said in a statement. "Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump Administration will continue to uphold the law and fight to restore common sense," Richey noted.