College discriminated against female athletes by allowing trans swimmer on team, AG claims

Virginia Attorney General Jason Miyares announced Monday that Roanoke College violated state and federal civil rights laws by discriminating against female student athletes. This statment came following an investigation into the school’s handling of transgender athlete participation.

The investigation centered on events from August 2023, when the private liberal arts institution allowed a transgender woman to compete on the women’s swimming team. According to Miyares’ office, the college subsequently retaliated against multiple female swimmers who voiced concerns about the arrangement.

“Women deserve an equal opportunity to participate in competitive sports,” Miyares stated. “That opportunity is protected by state and federal law. The Roanoke women swimmers endured harassment, discrimination, and retaliation just for standing up for their right to compete.”

The Office of Civil Rights found that Roanoke College violated the Virginia Human Rights Act, which prohibits educational institutions from engaging in unlawful discrimination and retaliation based on sex. The investigation also determined the college’s actions violated Title IX protections for female athletes.

The controversy began when college administrators informed the women’s swim team that a biological male who identified as transgender and had undergone hormone therapy would join their roster. The athlete had previously competed on the men’s team and received treatment to meet NCAA guidelines that were in place at the time.

Roanoke College acknowledged in an October 2023 statement that this was their first encounter with such a situation, prompting administrators to develop a process for handling transgender student-athlete participation. The school noted that the NCAA had provided “confusing and contradictory guidance for schools to navigate” regarding transgender athletes.

The Board of Trustees ultimately decided to “defer to the policy of the national governing body of each sport regarding student-athlete participation eligibility” for future cases.

When female swimmers expressed their concerns to college leadership about what they perceived as unfair treatment, the athletic director and administration reportedly ignored their objections and maintained their position. The transgender athlete eventually withdrew their request to participate on the women’s team.

However, after the female swimmers spoke publicly about their concerns, they alleged facing retaliation from both the college and an unspecified educator. This retaliation reportedly included denial of applications for study-abroad programs.

Katie Mullins, mother of former team captain Lily Mullins, issued a statement on her daughter’s behalf calling for accountability. “I urge Roanoke College to ensure that no educator can unjustly derail a student’s journey in the future without facing serious consequences,” she said. “Your actions were not just a reflection of personal bias; they were a betrayal of the values that an education should uphold.”

College President Frank Shushok Jr. previously stated that the institution’s goal was “maintaining fairness in competition and protecting the integrity of all athletics at Roanoke College.” He emphasized that the school remained “committed to supporting our LGBTQ+ community and our student-athletes, all of whom are valued members of our vibrant community.”

The college did not immediately respond to requests for comment regarding Monday’s announcement.

Conservative lawmakers have argued that such policies undermine competitive fairness and religious freedoms. The issue gained renewed attention following President Donald Trump’s recent executive order prohibiting transgender athletes from competing in women’s sports and threatening to withhold federal funding from non-compliant educational programs.

Virginia Governor Glenn Youngkin, who attended Trump’s executive order signing ceremony, has supported Republican efforts to restrict transgender athlete participation in women’s sports. His administration has also implemented policies requiring K-12 students to use facilities corresponding to their biological sex assigned at birth.