BREAKING: DOJ Launches Title IX Investigation Against California's High School Sports Governing Body

Sonja Shaw/Used with permission

A day after President Trump warned California officials that the state's practice of allowing boys who identify as female to compete in girls' sports could jeopardize "large scale" federal funding to the state, the U.S. Department of Justice announced an investigation against the California Interscholastic Federation (CIF) and Jurupa Valley Unified School District to determine if that practice violates Title IX, the federal law prohibiting discrimination on the basis of sex in education.

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The Department of Education launched a Title IX investigation against CIF back in February; on Wednesday Assistant Attorney General for Civil Rights Harmeet Dhillon informed CIF that in light of the news that "California's top-ranked girls' triple jumper, and second-ranked girls' long jumper, is a boy," her office is joining the US ED's investigation.

In a notification letter to CIF, Dhillon said that her office is already investigating the California Department of Education to determine whether it "denied female students equal athletic benefits and opportunities to compete in athletics by requiring them to compete against male students who claim to be girls."

California law permits males to participate in female sports in public schools and allows them to use female spaces such as locker rooms, and CIF has codified that in their bylaws as well. Dhillon writes:

"My office has found reasonable cause to believe that CIF, too, is engaging in a pattern or practice of discrimination against female athletes. CIF maintains a policy, CIF Bylaw 300.0, that permits, directs, instructs, or requires California high schools to allow males to participate in girls' interscholastic athletics, thereby depriving girls and young women of equal athletic opportunities.

"As a result of CIF's policy, California's top-ranked girls' triple jumper, and second-ranked girls' long jumper, is a boy. As recently as May 17, this male athlete was allowed to take winning titles that rightfully belong to female athletes in both events. The male athlete will now be allowed to compete against those female athletes again for a state title in long, triple, and high jump. Other high school female athletes have alleged that they were likewise robbed of podium positions and spots on their teams after they were forced to compete against males. Even California Governor Gavin Newsom has acknowledged that this practice is "deeply unfair" to girls and young women."

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Dhillon has directed US Attorney for the Central District of California Bill Essayli to also investigate "whether the actions of CIF, CA ED, the Jurupa Unified School District, and any applicable state laws, violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution."

Essayli had some pointed words for California's elected officials on the matter:

"The law is clear: Discrimination on the basis of sex is illegal and immoral.  My office and the rest of the Department of Justice will work tirelessly to protect girls’ sports and stop anyone - public officials included- from violating women’s civil rights.”

Sonja Shaw, President of neighboring Chino Valley Unified School District Board, lodged formal complaints with the US ED and US DOJ against CIF and JVUSD in February after learning that AB Hernandez, a male student-athlete, was competing as a female at CIF-sponsored track meets.

You can read Dhillon's full letter to CIF below.

Dhillon Letter to CIF by Jennifer Van Laar on Scribd

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