Defending Education submitted an 11-page complaint to the Department of Education's Office for Civil Rights on Thursday, challenging the University of Washington's gender-inclusive facility policies. The organization contends that UW's approach to bathrooms and locker rooms violates Title IX protections for women by denying female students access to single-sex spaces.
Reagan Dugan, director of higher education initiatives at Defending Education, said the university's gender-inclusive spaces come at the expense of female students' civil rights. "Title IX is clear," Dugan stated. "It's somewhat frustrating to us that a lot of the institutions that were very supportive of these policies 50 years ago have now kinda just thrown them out the window and decided we have preferred groups that we will violate your civil rights for."
The complaint centers on UW Executive Order No. 81, which states that students and faculty "are welcome to use the restrooms, locker rooms, and changing rooms aligned with your gender or whichever choice you are most comfortable." According to the complaint, every restroom in the university's Health Sciences Education Building is designated as all-gender, allowing anyone to use them regardless of sex and gender identity.
The Department of Education under the Biden Administration issued a Title IX interpretation treating discrimination based on sexual orientation and gender identity the same as sex-based discrimination. However, a federal judge vacated the rule shortly before President Donald Trump began his second term in January 2025. The Trump administration has since threatened to withhold funding from Washington state over policies requiring schools to allow biological males to compete against women in sports and use shared restrooms.
University Spokesperson Victor Balta said the Department of Education has not yet contacted UW about the complaint. "We have not heard from this organization or from the Department of Education about this alleged complaint," Balta wrote. "UW is committed to following federal law and will respond through appropriate channels if we are contacted by the DOE."
Washington state law has prohibited discrimination based on gender identity since 2006 and has allowed biological males to compete against girls in athletics if that aligns with their gender identity since 2007. State Superintendent Chris Reykal previously stated that his office will enforce state laws as required "until Congress changes the law and/or federal courts invalidate Washington state's laws."
Dugan said the complaint aims to prompt another investigation into UW and state policies. "Local rules, whether they're state or institution-based, don't get to override federal law," Dugan said.
