University claims swimmers failed to show they ‘suffered a concrete injury’
Three recent-graduate University of Pennsylvania swimmers are keeping their Title IX lawsuit alive after challenging the school’s motion to dismiss this past week.
The athletes’ suit, which also includes Harvard, the Ivy League, and the NCAA, alleges violations of Title IX due to the participation of swimmer Lia Thomas, a biological male, in a championship competition.
In its motion, UPenn said swimmers Grace Estabrook, Margot Kaczorowski, and Ellen Holmquist “cannot establish causation” against the university, and “failed to plead that they suffered a concrete injury related to their claims,” The Daily Pennsylvanian reports.
The school also noted the women “do not allege” UPenn had anything to do with “the locker room set up” which permitted Thomas’ presence.
However, The D.P. reports (complete with a content warning that its story “contains instances of misgendering that may be disturbing and/or triggering for some readers”) that the plaintiffs countered late last week, stating “Thomas’ participation in the event was not in accordance with NCAA regulation and deprived the other competitors of equal opportunity in violation of Title IX.”
“Sex-separation was necessary to ensure equal opportunity” at the swim championship, the plaintiffs said, noting Thomas’ “demonstrable and unfair athletic advantage over women swimmers because he has retained-male advantage.”
MORE: Lia Thomas bashes former teammates as biased hypocrites
[Riley] Gaines — along with several other college athletes — filed a separate lawsuit against the NCAA also in March 2024 alleging Title IX violations stemming from Thomas’ participation.
In April, the Department of Education’s Office for Civil Rights found Penn in violation of Title IX after the University allowed Thomas to compete for the University’s women’s swimming and diving team during the 2021-22 season. The OCR issued the University three demands to “voluntarily comply” with before a May 8 deadline.
Penn quietly submitted its response to the Education Department on May 8, but now, over a month past the deadline, both Penn and the federal government have remained silent, leaving it unclear how — or if — the University complied.
Earlier this year, the Trump administration’s Department of Education sent a letter to the NCAA “urging it to revoke titles and records previously earned by men,” including those of Thomas.
Another former (female) UPenn swimmer, Paula Scanlan, had alleged the university “wanted [swimmers] to be quiet” about the Thomas situation, and recently referred to Thomas’ transition as “crazy.”
“No one in their right mind could possibly support” it, she said.
MORE: UPenn student paper ‘news’ article refers to groups protesting Lia Thomas as ‘transphobic’
IMAGE CAPTION & CREDIT: “Title IX” written on a class’ chalkboard; CLS Digital Arts/Shutterstock.com