AG Miyares Says Roanoke College Discriminated Against Female Athletes By Allowing Trans Swimmer On Team

Roanoke College has been found in violation of state and federal civil rights laws, Virginia Attorney General Jason Miyares announced, citing discrimination against female student athletes.

The findings come after the institution “retaliated” against multiple female swimmers for speaking out against the private liberal arts college, according to the AG’s office, for allowing a transgender woman athlete to compete with them in August 2023.

The college said in a statement released later on Monday that it “categorically denies the unsubstantiated allegation that its trustees, faculty, staff, coaches, or administration violated the human rights of any students or retaliated against them in any way.” The school added that “we strive to hear all perspectives and seek balanced solutions. This situation was no different.”

“Women deserve an equal opportunity to participate in competitive sports,” Miyares said in a statement on Monday. “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. My office will keep working to ensure equal opportunities for female athletes in sex-separated collegiate sports.” Miyares is running for reelection this fall.

Upon the completion of the investigation, the office said that the school violated the Virginia Human Rights Act (VHRA), which prohibits unlawful discrimination and retaliation by educational institutions on the basis of sex. Miyares added that the college treated women swimmers differently than the “biological male” swimmer and punished them for speaking out, which violates Title IX of the Education Amendments of 1972.

According to the Office of Civil Rights, the investigation began after the college notified the women’s swim team that a swimmer, who underwent hormone therapy, would be competing on the women’s swim team around August 2023. The swimmer, a former member of the men’s team, underwent the treatment as a requirement to meet the National Collegiate Athletic Association’s (NCAA) then-existing anti-competitive guidelines.

The school’s statement Monday said that it was the first time the college encountered this type of situation and administrators worked quickly to address it.

“The (NCAA), of which Roanoke is a member, at that time would have allowed the student to compete. But under the guidelines of USA Swimming, the national governing body for competitive swimming, the athlete was not allowed to compete. In the face of contradictory guidance, the college acted swiftly but deliberatively to study the matter and, within six weeks, had adopted a policy more stringent than the NCAA position, which rendered the student ineligible to compete,” the statement read.

The office stated that the athletic director and the college’s administration “ignored their objections,” kept the swimmer, and refused to change its policy. Upon speaking publicly about the issue, the female swimmers said they faced retaliation from the college and an unspecified educator, which denied their applications for a study-abroad program.

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