Judge considers halting former Penn swimmers’ Title IX lawsuit, dismisses Ivy League as defendant

BOSTON — A federal district choose in Massachusetts is contemplating staying a lawsuit introduced by three former Penn swimmers in opposition to Penn, Harvard University, the Ivy League, and the NCAA for allegedly violating Title IX by permitting 2022 College graduate Lia Thomas to compete within the 2022 Women’s Ivy League Swimming and Diving Championships.

At a July 21 listening to, Judge William Young granted the Ivy League’s movement to be dismissed from the case. Pending a call on whether or not Harvard can even be dismissed, the courtroom will both name the remaining three defendants for additional arguments or keep the case whereas awaiting a ruling in an identical swimsuit filed in a federal district courtroom in Georgia.

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Should Harvard be dismissed from the lawsuit, the rest of the case in opposition to Penn and the NCAA could be placed on maintain till a call is reached in Gaines v. NCAA — a separate Title IX case filed in federal courtroom in Georgia by University of Kentucky swimmer and anti-trans activist Riley Gaines, difficult the NCAA’s former eligibility insurance policies for transgender athletes.

If Young decides to not dismiss Harvard from the case, the lawsuit will transfer ahead independently. Penn’s attorneys stated that they’d “take no issue” with staying the case pending the Georgia lawsuit however are ready to argue dismissal if the case proceeds.

At the time of publication, the courtroom has not issued a call on Harvard’s movement.

Initially filed on Feb. 4 by 2022 College graduate Grace Estabrook, 2024 College graduate Margot Kaczorowski, and 2024 College graduate Ellen Holmquist, the lawsuit alleges that Thomas’ participation disadvantaged them of “equal opportunities as women to compete and win while being denied the opportunity to protect their privacy in separate and equal locker rooms.”

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Estabrook and Kaczorowski had been current on the U.S. District Court in Boston on Monday.

The July 21 listening to marked the primary courtroom continuing within the case since Penn reached a settlement with the federal authorities on July 1, resolving a Department of Education investigation into the identical matter

Since the settlement, the University has complied with the Education Department’s calls for, eradicating Thomas’ particular person information, issuing a public assertion noting their adoption of “biology-based definitions” of intercourse, and sending ”letter[s] of apology to every impacted feminine swimmer.”

Despite the developments in Penn’s federal case, the plaintiffs’ legal professional William Bock affirmed to the courtroom that the swimmers nonetheless sought declaratory reduction, compensatory damages, and nominal damages associated to the 2022 championships from all 4 defendants. Bock alleged that the defendants engaged in a “conspiracy” to “pressure” the NCAA to vary its guidelines relating to gender ideology.

Harvard argued it must be dismissed from the case as a result of it adopted standing insurance policies when internet hosting the occasion, and had “no control” over “Penn’s rostering policies.” The college’s attorneys additionally said that the plaintiffs lacked standing and couldn’t declare “speculative future injury” as a result of the swimmers didn’t immediately encounter Thomas within the locker room.

Attorneys for the Ivy League said that it’s not topic to Title IX as a result of it doesn’t obtain federal funding and — as an “unincorporated association” — can’t be held liable based mostly on the funding obtained by its member faculties.

Penn submitted a movement to dismiss the preliminary swimsuit in late April, writing that the plaintiffs “cannot establish causation against Penn” and “failed to plead that they suffered a concrete injury related to their claims.”

The swimmers filed a reply in opposition to the University’s movement to dismiss their lawsuit on June 11, urging the courtroom to disclaim Penn’s movement to dismiss the case. They argued that Thomas’ participation within the occasion was not in accordance with the NCAA regulation and disadvantaged different opponents of equal alternative in violation of Title IX.