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In the July 29 ruling, Massachusetts Federal District Judge William Young dismissed Harvard University from the case and paused making a decision for the remaining defendants.
Credit: Danielle Walquist
A lawsuit brought by three former Penn swimmers against Penn, Harvard University, the Ivy League, and the NCAA alleging violations of Title IX by allowing 2022 College graduate Lia Thomas to compete in the 2022 Women’s Ivy League Swimming and Diving Championships was stayed on Tuesday.
In a July 29 court filing, Massachusetts federal district Judge William Young dismissed Harvard from the case. The remaining defendants — Penn and the NCAA — will await a ruling in Gaines v. NCAA, a similar suit filed in a Georgia federal district court that challenges the NCAA’s former eligibility policies for transgender athletes.
Young previously dismissed the plaintiffs’ claims against the Ivy League and said that future proceedings in the case would hinge on Harvard’s role. At the July 21 hearing, Penn’s attorneys said that they would “take no issue” with staying the case pending the Georgia lawsuit but are prepared to argue for dismissal if the case proceeds.
“With the Ivy League and Harvard dismissed from the suit, this Court determined, this suit would turn on legal questions almost identical to those at issue in the suit previously filed,” Young wrote in the July 29 ruling.
Initially filed on Feb. 4 by 2022 College graduate Grace Estabrook, 2024 College graduate Margot Kaczorowski, and 2024 College graduate Ellen Holmquist, the lawsuit alleged that Thomas’ participation deprived 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.”
Penn submitted a motion to dismiss the initial suit in late April, writing that the plaintiffs “cannot establish causation against Penn” and that they “failed to plead that they suffered a concrete injury related to their claims.”
On July 1, Penn reached a settlement with the federal government that resolved a Department of Education investigation into the same matter. Since the agreement, the University has complied with the Education Department’s demands, removing Thomas’ individual records, issuing a public statement noting its adoption of “biology-based definitions” of sex, and sending ”letter[s] of apology to each impacted female swimmer.”
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