Education Dept. investigates Smith College for admitting trans women

May 5 (UPI) -- The U.S. Department of Education opened an investigation into Smith College, a women's college in Massachusetts, because it admits transgender women.

The Education Department issued a press release saying its Office of Civil Rights is investigating to determine if the college violated Title IX of the Education Amendments of 1972 "by allowing biological males into women's intimate spaces, including dormitories, bathrooms, locker rooms and athletic teams."

Title IX is a federal civil rights law that bans sex discrimination at educational institutions that receive federal funds. It has an exception for private undergraduate college admissions. But the Department of Education alleged that the exception is only for biological sex, not gender identity.

"An all-girls college that enrolls male students professing a female identity would cease to qualify as single-sex under Title IX," the statement said.

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Smith is an independent, nondenominational college that opened in 1875 in Northampton, Mass. It is one of the largest women's colleges in the United States, with students from 48 states and 67 countries, its website said. It has more than 2,500 undergraduate students, and it admits men in its graduate school.

The college's board of trustees decided to admit transgender women in 2015. It said the decision "affirms Smith's unwavering mission and identity as a women's college, our commitment to representing the diversity of women's lived experiences and the college's exceptional role in the advancement of women worldwide."

"An all-women's college loses all meaning if it is admitting biological males," Kimberly Richey, an assistant secretary for civil rights at the Education Department, said in the Monday 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."

The OCR began its investigation after Defending Education, a conservative education activist organization, filed a complaint in June. It alleged that Smith was in violation of Title IX.

"Smith College has betrayed its original mission by admitting biological males, undermining the principle of providing equal education specifically for women," Defending Education said in a statement Monday. "These policies erase legal protections for female students and undermine their privacy, safety, and equal opportunity."

On Monday, Smith College issued a statement that said it is committed to complying with civil rights laws but does not comment on pending government investigations, The Washington Post reported.

Wellesley College in Massachusetts and Bryn Mawr in Pennsylvania also admit transgender women.