The department said it had notified Penn President J. Larry Jameson of the finding and distributed a proposed resolution agreement to be signed within 10 days requiring the school to bar transgender athletes from women’s athletic programs and send letters of apology to female athletes whose experiences have been “marred by sex discrimination.”

Thomas competed under those guidelines, which allowed female transgender swimmers who had completed one year of hormone replacement therapy to compete.

The US Department of Education is writing the wrongs of the University of Pennsylvania for violating Title IX sex discrimination when it forced female athletes to compete against a male swimmer who would have otherwise failed on the guys' team.