OCR Complaint: Smith College – Parents Defending Education

Report on Title IX Complaint Filed Against Smith College

Introduction

On June 20th, 2025, Defending Education (DE) submitted a formal complaint against Smith College for alleged sex discrimination in violation of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et. seq). This complaint highlights critical issues related to sex discrimination in federally funded educational programs and activities, emphasizing the importance of upholding Sustainable Development Goals (SDGs), particularly SDG 4 (Quality Education) and SDG 5 (Gender Equality).

Background and Organizational Position

• Defending Education (DE) is an interested third-party organization representing parents and students nationwide.
• DE opposes sex-based discrimination in K-12 schools and higher education institutions.
• Title IX prohibits sex discrimination in federally funded education programs while protecting single-sex spaces such as intimate areas, sorority memberships, athletic teams, and admissions policies where applicable.

Smith College Policies and Alleged Violations

Institutional Profile

Smith College is one of the largest all-women’s colleges in the United States. Its Equal Education Opportunity Policy declares adherence to Title IX, prohibiting sex discrimination in federally funded programs. However, the college’s interpretation extends Title IX protections to “gender identity,” which conflicts with existing federal case law and Department of Education guidance.

Admissions Policy

1. Smith College’s admissions policy includes “self-identified transgender women” alongside cisgender women and nonbinary women.
2. The policy operates on self-identification without additional verification requirements.
3. Biological women who identify as men are excluded, while biological men who identify as women are admitted, raising concerns of sex discrimination.

Facilities and Health Services

• All single-occupancy restrooms on campus are designated all-gender; multi-stall bathrooms increasingly follow this model.
• The athletic facilities include an all-gender locker room.
• The Health & Wellness Center provides trans-affirming primary care, including hormone therapy, adhering to Massachusetts law rather than federal directives.

Enforcement and Student Conduct

Smith College maintains a Bias Response Team tasked with investigating incidents of bigotry, harassment, or intimidation based on gender identity and other protected classes. This includes monitoring and potentially disciplining students who oppose the college’s gender identity policies.

Legal and Policy Analysis

Title IX and Supreme Court Precedents

• The Supreme Court in United States v. Virginia established that sex discrimination, including policies undermining sex-specific programs and spaces, is presumptively unlawful.
• Title IX’s primary purpose is to protect biological women’s rights in education, which may be compromised by policies prioritizing gender identity over biological sex.

Department of Education Guidance

Title IX applies comprehensively to all school operations receiving federal funds, including academics, extracurricular activities, athletics, and facilities. Smith College’s gender identity policies, admissions practices, and all-gender facilities potentially violate these provisions by infringing on female students’ privacy, safety, and equal educational opportunities.

Implications for Sustainable Development Goals (SDGs)

• SDG 4 – Quality Education: Ensuring inclusive and equitable quality education requires adherence to laws preventing sex discrimination, safeguarding equal access and opportunities for all students.
• SDG 5 – Gender Equality: Protecting sex-specific rights and spaces aligns with the goal of achieving gender equality and empowering all women and girls.
• SDG 16 – Peace, Justice, and Strong Institutions: Upholding legal frameworks and ensuring accountability in educational institutions fosters justice and institutional integrity.

Conclusion and Recommendations

1. Defending Education requests that the Department of Education promptly investigate all allegations against Smith College.
2. The Department should act swiftly to remedy any unlawful policies and practices identified.
3. Appropriate relief measures should be ordered to ensure compliance with Title IX and to protect the rights of biological women in education.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 4: Quality Education
   • The article discusses discrimination in education programs and activities, specifically under Title IX, which relates directly to ensuring inclusive and equitable quality education.
2. SDG 5: Gender Equality
   • The core issue in the article is sex discrimination and gender identity policies in education, which directly relates to achieving gender equality and empowering all women and girls.
3. SDG 10: Reduced Inequalities
   • The complaint addresses discrimination and unequal treatment based on sex and gender identity, which ties to reducing inequalities within and among countries.

2. Specific Targets Under Those SDGs Identified

1. SDG 4: Quality Education
   • Target 4.5: Eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for vulnerable populations.
2. SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere.
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life (implied through educational leadership and policy context).
3. SDG 10: Reduced Inequalities
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including through eliminating discriminatory laws, policies, and practices.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators Related to SDG 4 (Quality Education)
   • Proportion of schools and educational institutions that have policies and practices to eliminate discrimination based on sex (implied through Title IX compliance and enforcement).
   • Enrollment rates of female students in single-sex and coeducational institutions (implied by admissions policies discussed).
2. Indicators Related to SDG 5 (Gender Equality)
   • Proportion of educational institutions with policies that prohibit discrimination based on sex and gender identity (implied by the complaint against Smith College’s policies).
   • Incidence of reported cases of sex-based discrimination or harassment in educational settings (implied by the Bias Response Team investigations).
3. Indicators Related to SDG 10 (Reduced Inequalities)
   • Number of complaints or investigations related to discriminatory policies in federally funded programs (implied by the complaint filed and requested Department investigation).
   • Existence and enforcement of policies that ensure equal opportunity regardless of sex or gender identity in education (implied by Title IX enforcement).

4. Table of SDGs, Targets, and Indicators

Source: defendinged.org