Va. AG Says Roanoke College Discriminated Against Female Athletes By Allowing Trans Swimmer On Team

By Nathaniel Cline, Virginia Mercury

August 26, 2025

Roanoke College has been found in violation of state and federal civil rights laws, Virginia Attorney General Jason Miyares announced Monday, citing discrimination against female student athletes.

The findings come after the institution “retaliated” against multiple female swimmers for speaking out against the private liberal arts college, according to the AG’s office, for allowing a transgender woman athlete to compete with them in August 2023.

Roanoke College did not immediately respond to requests for comment on Monday. But President Frank Shushok Jr. said in a past statement about the issue that the school’s goal was “maintaining fairness in competition and protecting the integrity of all athletics at Roanoke College,” and reiterated that the college was “committed to supporting our LGBTQ+ community and our student-athletes, all of whom are valued members of our vibrant community.”

“Women deserve an equal opportunity to participate in competitive sports,” Miyares said in a statement on Monday. “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.” Miyares is running for reelection this fall.

Upon the completion of the investigation, the office said that the school violated the Virginia Human Rights Act (VHRA), which prohibits unlawful discrimination and retaliation by educational institutions on the basis of sex. Miyares added that the college treated biologically female swimmers unfairly and punished them for speaking out, which violates Title IX of the Education Amendments of 1972.

According to the Office of Civil Rights, the investigation began after the college notified the women’s swim team that a biological male, who identified as trans and who underwent hormone therapy, would be competing on the women’s swim team around August 2023. The swimmer, a former member of the men’s team, underwent the treatment as a requirement to meet the National Collegiate Athletic Association’s (NCAA) then-existing anti-competitive guidelines.

The school said in an October 5, 2023 statement that it was the first time the school encountered this type of situation, which prompted school administrators to launch “a process to help inform our decision on transgender student-athlete participation in all sports at the College.” The statement also noted that the NCAA had provided “confusing and contradictory guidance for schools to navigate” concerning trans athletes.

Ultimately, the Board of Trustees voted to “defer to the policy of the national governing body of each sport regarding student-athlete participation eligibility” moving forward.

Concerned about perceived disparities in treatment and expectations, the female swimmers voiced their concerns to the college’s leadership. The trans athlete withdrew their request to participate on the women’s swim team.

The office stated that the athletic director and the college’s administration “ignored their objections,” kept the swimmer, and refused to change its policy. Upon speaking publicly about the issue, the female swimmers said they faced retaliation from the college and an unspecified educator, which denied their applications for a study-abroad program.

“I urge Roanoke College to ensure that no educator can unjustly derail a student’s journey in the future without facing serious consequences,” Katie Mullins, mother to former team captain Lily Mullins, in a statement on behalf of her daughter. “Your actions were not just a reflection of personal bias; they were a betrayal of the values that an education should uphold.”

Nationally, conservatives have argued that having transgender student athletes compete in women’s sports destroys moral and religious freedoms. Republicans have also expressed concern about competitive fairness, which triggered President Donald Trump to sign an executive order prohibiting transgender athletes from competing in women’s sports on Feb. 5. The order included a pledge to rescind federal funding from educational programs that didn’t comply.

In Virginia, Gov. Glenn Youngkin attended Trump’s executive order signing in February and Republicans in the state have opposed transgender athletes playing women’s sports.

Youngkin’s administration also overhauled the state’s policies on the treatment of transgender students in K-12 public education by requiring students to use bathrooms and locker rooms based on their biological sex at birth.

This story was originally published by the Virginia Mercury. For more stories from the Virginia Mercury, visit Virginia Mercury.com.