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EXCLUSIVE: Virginia Attorney General Jason Miyares announced the results of an investigation into Roanoke College, focusing on the inclusion of a transgender swimmer in the women’s swimming team, as revealed by Fox News Digital.
The investigation stemmed from the participation of a biological male transgender athlete on the Roanoke women’s swimming team during the 2023 season. Miyares determined that the college failed to provide women swimmers with equal accommodations, advantages, and privileges, resulting in emotional, physical, and dignitary harm. Moreover, he concluded that these actions violated the Virginia Human Rights Act (VHRA).
Following these findings, Miyares stated that the female athletes impacted by the college’s policies may be eligible to pursue financial damages due to the violations of the VHRA, according to state law.
According to the report, “A private complainant who has received a notice of right to file a civil action may file a civil action under the Act for compensatory and punitive damages, as well as injunctive relief.” This legal pathway could set a significant precedent for similar cases across the nation.
To date, no documented instance exists of a U.S. college or university compensating female athletes financially for placing a male athlete on their team. While there are ongoing lawsuits addressing analogous situations seeking damages, none has progressed to the point where such compensation has been rendered.
Documents obtained by Fox News Digital indicate that six female swimmers from Roanoke College sought to enroll in May Term Travel Courses just three days prior to a press conference where they publicly expressed discontent over having a transgender swimmer on their team.
Miyares’ findings noted the timing of events. “Two weeks after the press conference, the Roanoke professors overseeing the Japan and Greece travel terms declined the applications of the female swimmers,” he reported.
The documents highlight that the VHRA prohibits “unlawful discrimination and retaliation by educational institutions on the basis of sex.” Additionally, the law asserts that “No educational institution may refuse, withhold from, or deny” any accommodations, advantages, or privileges based on sex. Consequently, any discriminatory policy violates this statute.
The Office of the Attorney General of Virginia emphasized that Roanoke College’s policy, which mandates that women participating in sex-separated collegiate sports compete against individuals with the biological advantages gained from male puberty, deprives these women of fair accommodations and violates the VHRA. Furthermore, the report asserted that allowing transgender women to compete against female athletes constitutes sex-based discrimination.
Fox News Digital reached out to Roanoke College for a statement regarding Miyares’ findings.
The 2023 swimming season at Roanoke was marked by escalating tensions between the female athletes and institutional administration regarding the inclusion of the transgender athlete. This conflict culminated in a press conference in October of that year, where several women shared their experiences publicly.
Initially, the athletes expressed concern over feeling pressured by the college to support the transgender swimmer, especially after they learned that the athlete had reportedly expressed suicidal ideations in response to opposition. The women claimed a meeting organized by team coaches included an online poll to gauge support for the swimmer’s continued presence on the team. Although the vote favored retention, several athletes alleged coercion in their decision-making.
In a statement issued later that week, President Frank Shushok Jr. of Roanoke College reaffirmed the institution’s commitment to the LGBTQ+ community. He articulated, “In making this decision, senior administration and the board of trustees focused on ensuring fairness in competition and preserving the integrity of athletics at Roanoke College.”
This incident transpired a little over a year after Lia Thomas competed in the NCAA championships for the University of Pennsylvania, drawing comparisons to the Thomas situation. Seven female swimmers from Roanoke College chose to join an ongoing lawsuit against the NCAA, spearheaded by athlete Riley Gaines, citing their experiences from 2023.
In the days leading to President Donald Trump’s election victory last October, multiple Roanoke female swimmers attended a rally in Salem, Virginia, to raise awareness about their situation and advocate for protective legislation regarding women’s sports and transgender athlete inclusion.
The findings from Miyares could hold significant implications for ongoing litigation and the broader national discourse surrounding transgender athletes participating in women’s sports.
Implications for the Future
The outcomes of Miyares’ investigation are likely to resonate well beyond Roanoke College. As debates around transgender athletes continue to unfold in various states, his conclusions could shape policies at educational institutions nationwide. Legal action taken by the affected female athletes may not only further the conversation about fairness and equity in sports but also influence legislative priorities.
As more female athletes begin to voice their concerns, the ramifications of these cases will likely be felt across many facets of society, raising critical questions about inclusivity versus fairness in competitive environments.
