A private college in Virginia that is affiliated with the Evangelical Lutheran Church in America has been accused of discriminating against female student swimmers by allowing a male who identifies as female on the women’s swim team, an allegation the school denies.
Virginia Attorney General Jason Miyares announced Monday that his office has found “reasonable cause” to believe that Roanoke College violated the Virginia Human Rights Act and Title IX of the Education Amendments of 1972.
Investigators allege that Roanoke College allowed a male swimmer who had previously competed on the men’s team to join the women’s team in August 2023, even though the female swimmers on the team reportedly “unanimously objected” to the decision.
The male swimmer, who had undergone hormone therapy to meet the National Collegiate Athletics Association’s guidelines at the time, dominated swim times and also skipped practices, the latter of which was not permitted for female members of the team.
The NCAA has since changed its policies on trans athletes, announcing in February that it will now prohibit trans-identified males from competing on women’s sports teams.
Although members of the women’s team repeatedly protested the decision to college officials, their complaints were ignored, according to the OAG, which alleges the school retaliated against those who openly dissented by having their applications for a study-abroad program denied.
“Women deserve an equal opportunity to participate in competitive sports,” said Miyares. “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.”
Roanoke College President Frank Shushok Jr. issued a statement denying what he called “the unsubstantiated allegation” that school officials “violated the human rights of any students or retaliated against them in any way.”
At the time that the student was allowed to compete on the women’s team, Shushok said “the college did not have an institutional policy that addressed those circumstances” and that NCAA guidance allowed for it, even though USA Swimming did not.
Shushok claimed that “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,” the president added.
Shushok also denied that any retaliatory action was taken against female swimmers who spoke out, calling the allegation “patently false” and saying that “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,” he stated.
“In accordance with that calling, we strive to hear all perspectives and seek balanced solutions. This situation was no different.”
Shushok said the college has been fully cooperating with the OAG on this issue and plans to continue to do so, and also promised full transparency on the issue.
