How Schools Should Plan for Transgender Student Participation in Athletics in light of OCR’s Recent Dear Colleague Letter

By John G. Long, of Michael Best & Friedrich   The Office for Civil Rights (OCR) recently issued a “Dear Colleague Letter” (DCL) regarding the protections that Title IX affords to transgender students who face discrimination. The DCL reiterated OCR’s previously declared stance that the department treats transgender student’s gender identity as the student’s sex for purposes of Title IX and its implementing regulations. Summarily stated, transgender students should be treated the s