On May 4, 2026, the U.S. Department of Education’s Office for Civil Rights opened an investigation into this complaint. See the letter here.
On June 20, 2025, Defending Education (DE) filed a complaint against Smith College with the U.S. Department of Education’s Office for Civil Rights. DE claims Smith is breaking Title IX, a law that bans sex discrimination in schools that receive federal funds. Title IX also protects single-sex spaces, such as women’s bathrooms and locker rooms, and allows single-sex colleges.
Smith is one of the largest women’s colleges in the country. But its admissions policy says that “[p]eople who identify as women—cis, trans and nonbinary women—are eligible to apply.” To apply as a woman, “[t]he applicant’s affirmation of identity is sufficient.” That means biological men can take spots that would otherwise go to women. And while Smith admits biological men who identify as women, it does not admit biological women who identify as men.
Smith also says that “[e]very single-occupancy restroom on campus is designated all-gender, and more and more multi-stall bathrooms are as well.” It advertises “[a]n all-gender locker room in the athletic facilities.” And it runs a “Bias Response Team” that investigates incidents involving “gender identity,” which can be used against students who disagree with these policies.
By replacing protections for biological sex with ones for gender identity, Smith takes away women’s privacy, safety, and equal chance at an education. Its policies appear to violate Title IX.
Defending Education urges the Department to investigate every claim in its complaint, fix Smith’s illegal policies and practices, and order the right remedies.
Read the full complaint below:
