‘Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law,’ department leader says
The U.S. Department of Education opened an investigation into the supposedly women-only Smith College on Monday in response to a complaint alleging discrimination on “the basis of sex by admitting males who identify as women.”
“An all-women’s college loses all meaning if it is admitting biological males,” Assistant Secretary for Civil Rights Kimberly Richey stated in a news release.
“Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump Administration will continue to uphold the law and fight to restore common sense,” Richey stated.
The department also sent a letter to Defending Education, a conservative watchdog group, informing it of the investigation.
“As a recipient of federal financial assistance from the Department of Education, the College must comply with Title IX,” the Monday letter stated.
Last year, Defending Education filed a complaint accusing the private Massachusetts college of violating Title IX, which prohibits discrimination on the basis of sex while also protecting same-sex spaces.
In 2015, Smith College changed its admissions policy to include male students who identify as female.
The institution says it is a “women-only” college, but it “gives spots to ‘self-identifi[ed]’ transgender women that would have otherwise gone to biological women,” according to the Defending Education complaint.
The complaint also quotes from the college website: “People who identify as women—cis, trans and nonbinary women—are eligible to apply to Smith. … Smith’s policy is one of self-identification. The applicant’s affirmation of identity is sufficient.”
Smith is one of only a few women’s colleges left in the U.S., the Associated Press reports:
The number of women’s colleges in the U.S. has declined from more than 200 to just 30 as of fall of 2023, according to the Women’s College Coalition.
A college spokesperson did not immediately respond to an emailed request for comment.
According to the Department of Education in a news release, Title IX contains an exception that allows colleges to be all-male or all-female, but it only applies “on the basis of biological sex difference, not subjective gender identity.” …
During the Biden administration, new Title IX regulations were issued to prevent discrimination based on sexual orientation or gender identity. However, those were struck down by a federal judge in January 2025 who decided the rules had legal shortcomings.
Last year, the college awarded an honorary degree to Rachel Levine, former U.S. Assistant Secretary for Health under President Joe Biden. Levine is a man who identifies as a woman.
Smith isn’t the only women’s college to admit students based on “gender identity.” According to a 2024 College Fix analysis, 27 of the 30 women’s colleges in the U.S. admit males who identify as females.
MORE: ‘Women-only’ Smith College faces civil rights complaint for admitting trans students