Government To Investigate CIAC's Transgender Policy

By Mary Albl of DyeStat

A complaint challenging the Connecticut Interscholastic Athletic Conference's transgender policy took another big step this week. In a letter dated Aug. 7, the U. S. Department of Education, Office for Civil Rights (OCR), said it would open an investigation into a number of issues filed by the conservative Christian law firm, Alliance Defending Freedom.

The original complaint was filed in June on behalf of three Connecticut high school student-athletes, who were challenging CIAC's transgender policy, which currently allows transgender student-athletes to compete with the gender they identity with.

The suit names transgender student-athletes Terry Miller and Andraya Yearwood, both rising seniors who have won state and New England titles.

Miller and Yearwood, who compete in the sprints, are currently on hormones to block testosterone as they transition. In the complaint filed by the three high school student-athletes, only one was named, Selina Soule of Glastonbury High, who also competes in the sprints. In the letter from OCR, the Glastonbury Board of Education (the District) is also listed in the compliant and investigation.

The letter from OCR states "in respect to the CIAC filed by three parents (Complainants 1, 2, and 3) on behalf of their daughters (Students 1, 2, and 3) alleges that the CIAC’s policy permitting transgender athletes to participate in interscholastic athletics (interscholastic girls track, in the instant complaint) based on their gender identification in school records and daily life (Transgender Participation Policy) discriminates against girls, including Students 1, 2, and 3, in violation of Title IX of the Education Amendments of 1972 (Title IX).  The complaint also alleges that the CIAC retaliated against Complainant 1 after she complained about the Transgender Participation Policy.

“With respect to the District, the complaint alleges that the District discriminated against girls, including Students 1, 2, and 3, when it denied equal athletic benefits and opportunities to them through the Transgender Participation Policy, and when it did not request that CIAC change its Transgender Participation Policy.  The complaint also alleges that the District retaliated against Student 2 after she and Complainant 2 complained about the Transgender Participation Policy.”

The full letter is available here. http://www.adfmedia.org/files/SouleInvestigationLetter.pdf

On Friday, the CIAC responded to the action and issued a statement saying it would participate fully in the investigation. 

“The Connecticut Interscholastic Athletic Conference (CIAC) received notification that the United States Department of Education, Office of Civil Rights has opened an inquiry in regard to the CIAC’s policy on transgender athlete eligibility.  The CIAC is committed to equity in providing opportunities to student athletes in Connecticut, and the CIAC will participate fully with this investigation.” 

The CIAC has stood firmly on its policy. In June, the organization stated it was not wavering from its position.

“The Connecticut Interscholastic Athletic Conference (CIAC) is committed to equity in providing opportunities to student athletes in Connecticut,” said CIAC Executive Director Glenn Lungarini in a statement provided to DyeStat.

“The CIAC reviewed our transgender policy with the Office of Civil Rights in Boston earlier this school year to ensure compliance with Title IX.”

In an interview with The TODAY Show in late July, Miller and Yearwood both spoke on the topic and how it has affected them.

“So you don't want us running with the boys and not the girls, so what are we? Are we not human like everybody else?” Miller asked.