Former UPenn Swimmers Sue NCAA, Ivy League for Allowing Trans Athletes to Compete in Women’s Sports

Three former University of Pennsylvania swimmers have filed a lawsuit against the university, Harvard, the NCAA, and the Ivy League Council of Presidents, alleging that their Title IX rights were violated when transgender-identifying swimmer Lia Thomas was permitted to compete on the women’s team.
According to Fox News, plaintiffs Grace Estabrook, Margot Kaczorowski, and Ellen Holmquist claim that Thomas’ eligibility to compete as a woman was “discriminatory.” The lawsuit argues that the NCAA’s 2010 policy, which allows biological males to compete based on gender identity, “injured them and violated federal law.”
The lawsuit, backed by the Independent Council on Women’s Sports (ICONS), details the plaintiffs’ experiences sharing a team and locker room with Thomas, which they describe as emotionally traumatizing. The complaint further alleges that UPenn administrators pressured swimmers to accept Thomas’ presence and discouraged them from voicing concerns.
“The UPenn administrators told the women that if anyone was struggling with accepting Thomas’s participation on the UPenn Women’s team, they should seek counseling and support from CAPS and the LBGTQ center,” the lawsuit claims.
“The administrators also invited the women to a talk titled, ‘Trans 101.’ Thus, the women were led to understand that UPenn’s position was that if a woman on the team had any problem with a trans-identifying male being on her team that woman had a psychological problem and needed counseling,” it added. “The UPenn administrators went on to tell the women that if the women spoke publicly about their concerns about Thomas’ participation on the Women’s Team, the reputation of those complaining about Thomas being on the team would be tainted with transphobia for the rest of their lives and they would probably never be able to get a job.”
The swimmers also allege that Harvard failed to provide separate locker room accommodations during the 2022 Ivy League Swimming Championships, which were held at Harvard’s Blodgett Pool.
“Harvard did not provide a unisex bathroom or separate bathroom for Thomas to use or for any other women to use who did not want to use the Women’s Locker room while Thomas was using it,” the lawsuit stated.
The lawsuit does not name Thomas as a defendant but instead targets the institutions responsible for enforcing transgender participation policies. It follows a separate lawsuit led by NCAA swimmer Riley Gaines, who has also taken legal action against the NCAA alongside other female athletes.