U.S. Department of Education and U.S. Department of Health and Human Services Find that Minnesota Violated Title IX

Today, the U.S. Department of Education (ED)’s Office for Civil Rights (ED’s OCR) and the U.S. Department of Health and Human Services (HHS)’s Office for Civil Rights (HHS’ OCR) announced that the Minnesota Department of Education (MDE) and the Minnesota State High School League (MSHSL) are both in violation of Title IX of the Education Amendments of 1972 (Title IX). The Noncompliance Finding (or Notice of Violation, “joint finding”) concluded that MDE and MSHSL violated Title IX’s prohibition on sex discrimination by allowing males to compete in female sports and occupy female intimate facilities.

The joint finding determined that, over the course of several years, MDE and MSHSL allowed male athletes to compete on the girls’ Alpine ski team, the girls’ Nordic skiing team, the girls’ lacrosse team, the girls’ track and field team, the girls’ volleyball team, and the girls’ fastpitch softball team.

ED’s OCR initiated its initial investigation after MSHSL publicly declared its intention to violate federal antidiscrimination law and President Trump’s February 2025 Executive Order “Keeping Men Out of Women’s Sports.” In June 2025, ED elevated its existing investigations and HHS initiated a compliance review of MDE and MSHSL after a widely reported incident showed a male athlete from Champlin Park High School dominating a girls’ MSHSL softball match, leading Champlin to a state championship. The male pitcher overpowered female athletes during five consecutive matches, only giving up one earned run over the course of 35 innings and striking out 27 female batters.

“For too many years, Minnesota’s political leadership has found itself on the wrong side of justice, common sense, and the American people. Now the Minnesota Department of Education and the Minnesota State High School League find themselves on the wrong side of Title IX by allowing males to compete in women’s sports,” said ED’s Acting Assistant Secretary for Civil Rights Craig Trainor. “The Trump Administration will not allow Minnesota or any other state to sacrifice the safety, fair treatment, and dignity of its female students to appease the false idols of radical gender ideology. Once an education program or entity takes federal funds, Title IX compliance becomes mandatory. And the federal government will hold Minnesota accountable until it recognizes that fact.”

“Minnesota permits male athletes to compete in sports designated for females, which denies females the equal opportunities under Title IX that they deserve in athletic competition,” said HHS’ OCR Director Paula M. Stannard. “Minnesota fails to recognize the fundamental biological differences between males and females—differences that justify single-sex teams and are essential to ensuring fair and safe competition for girls and women.”

ED and HHS have issued a proposed Resolution Agreement to MDE and MSHSL to voluntarily resolve their Title IX violations within 10 days or risk imminent enforcement action. The Resolution Agreement requires the following action items:

• MDE and MSHSL must rescind or revise any guidance permitting males to compete in girls’ sports to comply with Title IX and to reflect that to the extent State law conflicts with Title IX, federal law preempts State law;
• MDE will issue a statewide notice to all federally funded entities operating interscholastic athletic programs mandating their strict compliance with Title IX by separating athletics and intimate facilities based on sex;
• The notice will require these entities to adopt biology-based definitions of “male” and “female” and remind them that non-compliance with Title IX places their federal funding in jeopardy;
• MDE and MSHSL will submit updated Title IX training, procedure, and process materials for ED’s OCR and HHS’ OCR to review and approve, and will conduct the approved training to MDE and MSHSL personnel;
• MDE will restore to female athletes all records and titles misappropriated by male athletes competing in female categories, and send each female a letter of apology on behalf of the State of Minnesota for allowing her educational experience to be marred by sex discrimination. MDE will demand in writing that MSHSL take parallel action; and
• MDE will require each school and MSHSL to submit to MDE an annual certification that they have complied with Title IX.

Background

In June 2025, ED’s OCR elevated its Title IX investigations into MDE and MSHSL to the Title IX Special Investigations Team, a joint investigatory partnership with DOJ. The same month, HHS’ OCR initiated a compliance review based on the participation of the male athlete in a MSHSL high school girls’ softball championship. ED and HHS found that this male athlete has competed on the Champlin girls’ varsity fastpitch softball team since 2023 and each season led the program to a winning record against competing all-girls softball teams.

In addition to allowing male athletes to compete on several girls’ sports teams, MDE and MSHSL have several policies and guidance documents that incorrectly and unlawfully describe Title IX’s enforcement obligations. MDE’s 2017 “Toolkit for Ensuring Safe and Supportive Schools for Transgender and Gender Nonconforming Students” wrongly holds that “Title IX requires schools provide transgender students with the right to participate in…athletics in a manner consistent with their gender identity.” It further stipulates that “transgender and gender nonconforming students should be afforded the opportunity to use the restroom of their choice.” Additionally, MSHSL guidelines state that it “allows participation for all students consistent with their gender identity.”

Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.