The University of Pennsylvania and the US Education Department on Tuesday announced an agreement, in which the swimmer was taken away from its school records obtained during the 2021-22 season.
The fate of the NCAA title winning 500-yard freestyle in 2022 is now in question.
The agreement resolves the investigation initiated by the Education Department in February regarding compliance with the title IX. The DOE determined in April that the Ivian League School violated the title IX, which forbids sexual discrimination in the game.
When Thomas competed for Penn’s women’s team – first became an open transgender athlete to claim a national title – the school was in compliance with NCAA eligibility rules.
Thomas also competed for Penn’s women’s team and also set pen records for 100, 200 and 500 free during his lonely season. His successes rapidly attracted different political opinions – and the Education Department investigation began soon after President Donald Trump returned to the post.
Chairman of Penn J. Larry Jaymsarsi issued a statement in which several aspects of DOE’s concerns were addressed.
“According to the current interpretation of the federal government of the title IX and the current NCAA policies, we have signed a resolution agreement with the Education Department including the following actions:
“Issuing a public statement in all our athletic programs, confirming our commitment to fully compliance with the title IX and over time over time to adapt our practices as IX. This involves following the definitions of sex – in relation to women’s athletics – which is determined through two specific executive orders.
“While the policies of the pen during the 2021-2022 swimming season were at that time according to the NCAA eligibility rules, we admit that some students-athletes were denied these rules. We recognize it and apologize to those who had experienced competitive losses or experiences due to policies at that time.
“We will review and update the prescribed pen women swimming records during that season, to indicate who will now record under the current eligibility guidelines.”
On Penn’s women’s swimming page, Thomas’s records have been removed in favor of marks set in 2017, 2024 and 2025. At the bottom of the pen, Penn offered this footnote: “Competition under the eligibility rules under the impact of that time, record the Thomas set program taken in 100, 200 and 500 freestyle during the 2021-22 season.”
At the 2022 Division I Championship Meet, Thomas defeated Virginia’s runner-up Emma Wint in 500 seconds in 500 seconds. Thomas’s winning time of 4: 33.24 was slower than nine seconds compared to KT Leideki’s NCAA and the US record set in 2017.
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