West Virginia high school track athlete Adaleia Cross has joined a national Title IX lawsuit after alleging that a transgender 13-year-old teammate, referred to as B.P.J. in court documents, sexually harassed her during practices and in the school’s locker room. B.P.J., who identifies as female but is biologically male, allegedly made offensive and inappropriate sexual comments to Cross throughout the school shot put season, with these interactions escalating to more aggressive and disturbing comments during Cross’s final year of middle school.
Cross reported that B.P.J. would make sexually explicit vulgar comments towards her and her teammates, causing deep distress and affecting her ability to participate in track and field. Despite reporting the comments to school administrators, Cross felt that B.P.J. received little to no punishment for their behavior. Cross, who is 15 years old and started high school last fall, expressed reluctance to continue competing on a team that exposes her to inappropriate comments and to compete against boys, as B.P.J.’s athletic performance improved throughout middle school, eventually outperforming Cross.
B.P.J. is now connected to the legal proceedings of a case involving Biden’s Title IX revisions, with West Virginia being among the states challenging these new regulations. The revisions protect gender identity from discrimination while rolling back Trump-era rules that bolstered the rights of those accused of sexual misconduct. Heritage Foundation legal fellow Sarah Marshall Perry noted that Cross’s lawsuit expands the number of individuals, organizations, and states challenging Title IX, with significant federal litigation taking place in response to the revisions.
In April, President Biden’s Department of Education announced regulations for Title IX that protect gender identity, leading to controversies and challenges from multiple entities. Cross’s lawsuit, along with other legal proceedings, raises concerns about potential violations of constitutional and civil rights laws, including the First Amendment, sexual harassment, religious liberty, and administrative law. Perry believes that these challenges to the Title IX revisions are encouraging and may continue to increase in the future.
Earlier this month, five West Virginia middle school girls were banned from track and field meets after protesting against B.P.J. and the court’s refusal to enforce the state’s “Save Women’s Sports Act.” However, a judge issued a preliminary injunction preventing the school board from penalizing student-athletes for their speech, allowing the girls to compete again. The school board denied allegations of retaliation against the students, stating that the students were allowed to protest without hindrance with permission from coaches and the principal.
The case involving Adaleia Cross and B.P.J. highlights the complexities and controversies surrounding transgender participation in sports and Title IX regulations. The lawsuit and related legal actions emphasize the challenges and conflicts that arise when addressing issues related to gender identity, sexual harassment, and the rights of student-athletes. As the debate continues, it remains to be seen how these legal battles will impact policies and practices in schools and athletic programs across the country.
