UW–Madison faces federal civil rights complaint over transgender access policy
With nearly 49,000 enrolled students, UW–Madison is among the largest public universities now facing a Title IX-based complaint regarding transgender access policies.
A UW–Madison spokesperson told The Badger Herald the school 'remains legally obligated' to let individuals use restrooms aligning with their gender identity.
The U.S. Department of Education is investigating the University of Wisconsin–Madison after a conservative watchdog filed a federal complaint alleging the university’s bathroom policy violates Title IX protections for biological women.
Parents Defending Education, a national watchdog group, submitted the complaint to the Department’s Office for Civil Rights, citing the school’s Inclusive Facilities Policy (UW-6009). The policy allows individuals to use facilities “most safe and comfortable for them, without being harassed or questioned, regardless of gender expression or sex assigned at birth.”
The policy applies to all university-managed buildings and governs access to restrooms, locker rooms, shower areas, and other sex-segregated spaces across campus.
That policy states that individuals may use campus facilities “most safe and comfortable for them, without being harassed or questioned, regardless of gender expression or sex assigned at birth,” language that appears directly in UW–Madison’s Inclusive Facilities Policy (UW-6009).
The policy applies across all university-managed buildings, including restrooms, locker rooms, showers, and other sex-segregated spaces. This access framework covers students, employees, and visitors throughout the campus.
The group argues this language effectively eliminates sex-based protections in restrooms, locker rooms, and changing spaces, thereby violating Title IX. “Forcing women to give up the private spaces and facilities that Title IX guarantees is a violation of the spirit, history, and plain text of that law,” the group wrote in its public announcement.
A UW–Madison spokesperson told The Badger Herald the school “remains legally obligated” to let individuals use restrooms aligning with their gender identity, though no specific court ruling was cited to justify the policy.
The Title IX complaint, filed by Defending Education, argues the policy violates protections for female students. The full complaint is available on Defending Education’s website, and the policy is published in the UW–Madison policy library.
With nearly 49,000 enrolled students, UW–Madison is among the largest public universities now facing a Title IX-based complaint regarding transgender access policies.
[RELATED: Trans-identifying Boise State students challenge law keeping men out of women’s bathrooms]
Similar debates over restroom and facility access are occurring at universities nationwide as federal agencies consider changes to Title IX regulations. Institutions have adopted a range of approaches in recent years, with some expanding gender-identity-based access and others revising policies to maintain sex-segregated spaces, according to national research on campus facility policies in Journalist’s Resource.
Ongoing legal disputes have also influenced campus policies, with court rulings and litigation contributing to uncertainty over restroom-access rules. Pending updates to federal Title IX regulations could further shape how universities interpret their responsibilities, an issue highlighted in recent coverage by POLITICO.
Campus Reform reached out to the University of Wisconsin–Madison for comment but did not receive a response by the time of publication. This article will be updated accordingly.
