On May 15, 2020, the Office of Civil Rights (“OCR”) issued a Letter of Impending Enforcement Action against the Connecticut Interscholastic Athletic Association (“CIAC”) and a Connecticut Board of Education. Three female high school track athletes complained that the participation of biologically male student-athletes discriminated against them on the basis of sex. According to the female student-athletes, the transgender girls’ participation deprived them of public recognition critical to college recruiting and scholarship opportunities. The CIAC had implemented revised rules permitting transgender participation in athletics with no restrictions.
OCR determined that the CIAC’s revised policy “denied female student-athletes benefits and opportunities, including to advance to the finals in events; to advance to higher level competition,… to receive awards and other recognition; and possibly to obtain greater visibility to colleges and other benefits. For these same reasons, OCR also determined that the CIAC treated students differently based on sex, by denying opportunities and benefits to female student-athletes that were available to male student-athletes.”