Today, the U.S. Department of Education’s Office for Civil Rights (OCR) sent a letter to Superintendent of Portland Public Schools (the District) Dr. Kimberlee Armstrong notifying her that OCR has opened an investigation into the District amid allegations that it has violated Title IX. These allegations include allowing a male track student athlete to compete in a girls’ interscholastic track and field competition on March 19, 2025 and permitting the male athlete to use the girls’ locker room while female athletes were changing. OCR also sent a letter notifying the Oregon School Activities Association (OSAA), the governing body for the Portland Interscholastic League, that it was opening a directed investigation into its “gender identity participation” policy, which appears to violate Title IX.
This investigation into the District is based on a complaint filed with OCR.
“We will not allow the Portland Public Schools District or any other educational entity that receives federal funds to trample on the antidiscrimination protections that women and girls are guaranteed under law,” said Craig Trainor, Acting Assistant Secretary for Civil Rights. “President Trump and Secretary McMahon have been steadfast in their commitment to protect the rights of women and girls. OCR will use every lawful means to ensure that no female athlete is denied equal athletic opportunities or robbed of her rightful accolades.”
Background:
According to a filed complaint with OCR and credible public reporting, the District and OSAA allowed a male athlete at Leodis V. McDaniel High School in Portland to compete in the girls’ track and field division over the last two seasons. In 2024, a male athlete won both the girls’ 200-meter and 400-meter dashes at the 6A-1 Portland Interscholastic League Championship. The District and OSAA permitted the same athlete to compete again this year in the girls’ division at a Portland Interscholastic League meet. The male athlete took the first-place trophy from female competitors in the 200-meter and 400-meter dashes, beating the closest female racer in the 400-meter dash by over seven seconds and setting season records.
OSAA’s “gender identity participation” policy “allows students to participate for the athletic or activity program of their consistently asserted gender identity while providing a fair and safe environment for all students.” OCR has previously made it clear that federal antidiscrimination law preempts state law.
OCR launched this investigation under its authority pursuant to Title IX of the Education Amendments of 1972. Title IX and its implementing regulation prohibit discrimination on the basis of sex in any education program or activity receiving federal financial assistance.