SALEM, Va. – Virginia Attorney General Jason Miyares found on Monday that Roanoke College discriminated against female student-athletes on the basis of sex after allowing a transgender woman to join the college’s women’s swim team in August of 2023.
The investigation was conducted by Miyares’s Office of Civil Rights, which found “reasonable cause that Roanoke College violated the Virginia Human Rights Act and Title IX of the Education Amendments of 1972.”
“Women deserve an equal opportunity to participate in competitive sports. 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.”
Virginia Attorney General Jason Miyares
This situation received renewed attention when President Donald Trump had multiple women from the Roanoke College swim team speak at his rally in Salem, Virginia. At that time, Roanoke College said the following statement about the athletes’ attendance:
“Dear Maroons:
We are aware that during an off-campus political rally in Salem this evening, former President Donald Trump referenced the Roanoke College women’s swim team, some of whom took the stage and exercised their right to free expression.
The College was unaware of their participation, and they represent only their individual points of view.
Our students, including those with diverse political perspectives and those with LGBTQ+ identities, are gifts to our community and deeply valued.
In this moment, we can turn against each other and ignite division, thereby adding to the bounty of suffering already too prevalent in our world. However, in my time at Roanoke College, I’ve been inspired by what I’ve seen repeatedly: people who take the road less traveled and aspire to the highest virtues of love, humility, respect, and kindness. This is who we are at Roanoke College, and this is why, as an affiliated member of the Evangelical Lutheran Church in America (ELCA), we are rooted and open. "
Frank Shushok, Jr., Ph.D., President of Roanoke College
The Office of the Attorney General stated, “In the following weeks, the male swimmer dominated the female swimmers’ times and skipped practices, itself a privilege not granted to others.” However, Roanoke College issued a statement following the decision that claimed the student never participated on the women’s team. You can read the full statement below:
“Roanoke College is aware that the Virginia Attorney General’s Office has released a report alleging the college violated the Virginia Human Rights Act (VHRA) and Title IX in its response to a transgender student’s request to join the women’s swim team. The college 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.
More than two years ago, in 2023, a student on the men’s swim team went through a gender transition and requested to swim on the women’s team. This was a first for Roanoke College, and the college did not have an institutional policy that addressed those circumstances. The National Collegiate Athletic Association (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 transgender student never competed on the women’s team.
As the report says: “As a factual matter, the Office does not find sufficient evidence that the women were denied the opportunity to compete in this case or that the College itself subjected the women to a hostile environment based on sex.” The report does allege that our faculty retaliated against members of the women’s swim team by rejecting their applications to May Term courses. That accusation is patently false; our faculty acted in good faith and followed our usual process regarding student selection for May Term courses.
As a member of the Evangelical Lutheran Church in America (ELCA), the college follows a common calling that is rooted in our Lutheran intellectual tradition, yet open to a variety of insights from people with a wide variety of backgrounds. In accordance with that calling, we strive to hear all perspectives and seek balanced solutions. This situation was no different.
We understand that the issue of transgender participation in college sports is a highly charged topic. Understandably, Americans have strong opinions about the issue, and our response to this situation has earned the college both praise and derision. On behalf of everyone in our community, we celebrate the individual’s right to form opinions and champion the right to free speech.
From the beginning, we have been committed to full transparency and to fulfilling our almost 200-year Lutheran history of serving students. We expect the Attorney General to be similarly motivated and thus anticipate that any ongoing process will correct errors of fact and law reflected in the report.
The college has cooperated fully with the Attorney General’s Office and will continue to do so. We will also continue to stay in conversation within our community as we seek to find a path forward that supports and honors each and every member of our community."
Roanoke College News
In the statement, the college also denied the claim that they violated any human rights or retaliated against anyone who objected to the transgender student’s addition to the team.
Miyares spoke at a press conference following the decision. You can watch below:
The consequences for Roanoke College are not yet known. We will update you with more information as it becomes available.