Overview
Introduction
On May 4, the Department of Education's Office for Civil Rights (OCR) announced that it had opened a Title IX investigation into Smith College, a private liberal arts women's college in Northampton, Massachusetts, regarding its practice of admitting transgender women into the school and permitting them access to certain spaces and programs designated for women.[1] OCR stated that it is investigating whether Smith violated Title IX of the Education Amendments of 1972 (Title IX) by allowing transgender women to attend and access certain campus spaces alongside "biological" women.[2] Smith College has declined to comment on the pending investigation but affirmed its commitment to "its institutional values, including compliance with civil rights laws."[3]
Background
Smith adopted its current undergraduate admissions policy in 2015, when its Board of Trustees voted to clarify that self-identified transgender women were eligible for admission.[4] The college credited this decision to its "unwavering mission and identity" and its "commitment to representing the diversity of women's lived experiences." As of May 2026, 4.7% of Smith students are transgender women.[5]
The Trump Administration has taken several steps to redefine allowances for transgender people, including issuing an executive order stating that the government will only recognize two biological sexes as gender;[6] implementing bans on transgender military service and participation in high school sports; and restrictions on gender-affirming care for children.[7] Despite the shift in federal civil rights enforcement, Smith has continued to provide trans care, peer support, single-occupancy all-gender bathrooms, and an all-gender locker room on campus.
OCR'S Title IX Investigation of Smith College
Title IX prohibits that any person "on the basis of sex…be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."[8] Title IX applies to both public and private schools receiving federal financial assistance, including student loans or grants.[9] Although Title IX includes exceptions that permit certain single-sex admissions practices, the government determined that the law has defined "sex" to mean "biological sex, not subjective gender identity."[10]
In announcing its investigation into Smith, OCR stated that a college presenting itself as an all-women's institution may not qualify as "single sex" under Title IX if it admits students who, under OCR's interpretation, are male based on biological sex.[11] Smith's ability to limit admission based on sex could be challenged and programs based on sex could be limited. This position is consistent with OCR's February 2025 Title IX enforcement directive, which stated that OCR would enforce Title IX under the 2020 Title IX Rule. The 2024 Title IX Rule, promulgated by the Biden Administration, had expanded the regulatory definition of sex discrimination to include gender identity but was vacated in a decision by the U.S. District Court for the Eastern District of Kentucky.
The investigation stems from a complaint that Defending Education, a conservative advocacy organization "working to restore schools at all levels from activists imposing harmful agendas,"[12] filed with OCR. Defending Education alleged that Smith's policies violate Title IX by admitting transgender women and allowing their access to certain campus facilities on the basis of gender identity rather than biological sex.[13]
Trends in Federal Enforcement Priorities
OCR's investigation of Smith's admissions and access policies is one manifestation of a broader shift in federal civil rights enforcement affecting higher education institutions. OCR recently rescinded parts of its previously negotiated Title IX resolution agreements with several public school districts and Taft College, which had required schools to address, among other things, use of preferred pronouns and access to facilities on the basis of gender identity.[14] It has also launched investigations into K-12 programs for "discriminating against…female students" for the schools' usage of all-gender spaces. OCR concluded that all-gender spaces violate Title IX and constitutes sex discrimination.[15] OCR asserted that these agreements had imposed certain obligations on schools that had "no legal foundation" under Title IX, which only protects against discrimination based on sex.[16]
Further, on June 30, 2026, the Supreme Court ruled that schools may allow separate female sports teams for "biological females,"[17] paving the way for states to ban transgender girls from participating on school sports teams. Additionally, in July 2025, the University of Pennsylvania (Penn) reached a settlement with OCR to resolve a Title IX investigation based on transgender athlete participation.[18] In its settlement, Penn adopted biology-based definitions of sex, issued apology letters to cisgender female athletes, and made public statements affirming its future compliance with Title IX.[19]
Implications for Higher Education Institutions
In the current federal civil rights enforcement landscape, colleges and universities—particularly single-sex colleges—should closely monitor this investigation to assess OCR's evolving approach to Title IX enforcement. All institutions receiving federal funding may face similar scrutiny about whether their policies are consistent with OCR's current interpretation of Title IX.
Accordingly, colleges and universities should reassess Title IX compliance under the current administration's interpretation. Institutions should consider reviewing admissions policies and housing, restroom, and other access policies that distinguish between sex- and gender identity-based access to confirm compliance with the 2020 Title IX Rule and the Administration's reversion to the current OCR guidance.
Conclusion
As the federal enforcement landscape continues to evolve, close coordination with counsel will be critical to balancing business and strategic objectives with emerging legal risks. Steptoe continues to monitor developments in this area and remains ready to advise on how these developments may affect your organization. Please see Steptoe's DEI-focused news alerts from our DEI Enforcement Response Team here.
[1] US Dep't of Educ., U.S. Department of Education Opens Title IX Investigation into All-Women's Smith College for Admitting Men (May 4, 2026), https://www.ed.gov/about/news/press-release/us-department-of-education-opens-title-ix-investigation-all-womens-smith-college-admitting-men.
[2] Id.
[3]Michael C. Bender, Trump Administration Investigating Smith College Over Transgender Admissions, N.Y. Times, (May 5, 2026), https://www.nytimes.com/2026/05/05/us/politics/smith-college-transgender-admissions.html.
[4] Smith Coll., Admission Policy Announcement (May 2, 2015), https://www.smith.edu/admission-policy-announcement.
[5] Michael C. Bender, Trump Administration Investigating Smith College Over Transgender Admissions, N.Y. Times, (May 5, 2026), https://www.nytimes.com/2026/05/05/us/politics/smith-college-transgender-admissions.html.
[6] Exec. Order No. 14,168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, The White House (Jan. 30, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/.
[7] Amy Howe, Supreme Court allows Trump to ban transgender people from military, SCOTUSblog (May 6, 2025), https://www.scotusblog.com/2025/05/supreme-court-allows-trump-to-ban-transgender-people-from-military/; see also Hecox v. Little, No. 20-35813 (9th Cir. 2023), https://cdn.ca9.uscourts.gov/datastore/opinions/2024/06/07/20-35813.pdf; and, Protect Children's Innocence Act, H.R. 1399, 118th Cong. (2023), https://www.congress.gov/118/bills/hr1399/BILLS-118hr1399ih.pdf.
[8] Title IX of the Education Amendments of 1972, US Dep't of Just., Civ. Rts. Div., https://www.justice.gov/crt/title-ix-education-amendments-1972.
[9] Id.
[10] US Dep't of Educ., U.S. Department of Education Opens Title IX Investigation into All-Women's Smith College for Admitting Men (May 4, 2026), https://www.ed.gov/about/news/press-release/us-department-of-education-opens-title-ix-investigation-all-womens-smith-college-admitting-men.
[11] Id.
[12] Defending Education, https://defendinged.org/.
[13] Defending Education, UNDER INVESTIGATION OCR COMPLAINT: Smith College, Defending Education (June 23, 2026), https://defendinged.org/complaints/ocr-complaint-smith-college/.
[14] US Dep't of Educ., U.S. Department of Education Rescinds Illegal Title IX Resolution Agreements (April 6, 2026), https://www.ed.gov/about/news/press-release/us-department-of-education-rescinds-illegal-title-ix-resolution-agreements.
[15] US Dep't of Educ., Office for Civil Rights Finds Denver Public Schools Violated Title IX (Aug. 28, 2025), http://www.ed.gov/about/news/press-release/us-department-of-educations-office-civil-rights-finds-denver-public-schools-violated-title-ix.
[16] Id.
[17] West Virginia v. B.P.J., No. 24-43, slip op. https://www.supremecourt.gov/opinions/25pdf/24-43_2b35.pdf.
[18] Venable LLP, Title IX and Transgender Athletes: Penn's Landmark Settlement and the Legal Implications (July 24, 2025), https://www.venable.com/insights/publications/2025/07/title-ix-and-transgender-athletes-penns-land.
[19] Id.
