HHS expands Title IX probe in Maine to include state association governing athletics, embattled high school

FIRST ON FOX: The Trump administration expanded its Title IX investigation into Maine, citing violations of the president's executive order mandating that educational and athletic institutions bar biological males from competing in women's sports.

"HHS will investigate and enforce Title IX to the full extent permitted by law to uphold fairness, safety, dignity, and biological truth in women's and girls' educational athletic opportunities," Andrew Nixon, a department spokesperson, told Fox News Digital. "Men have no place in women's sports. Maine must comply with Title IX or risk losing federal funding."

"Enough is enough, it is time to put away radical ideology and put the future of our kids first," said Assistant House Minority Leader Katrina Smith, R-Palermo. "The Mills administration's policy of allowing biological boys in girls' sports has physically and mentally mistreated our young ladies and now this same policy will harm every child and teacher with the loss of federal funds to our schools." 

"If Maine Democrats continue to double down on allowing biological males to participate in girls' sports, our students stand to lose hundreds of millions of dollars of federal funding. Gov. [Janet] Mills and legislative Democrats have a renewed opportunity to do the right thing, to ensure restored funding and a fair and level playing field for Maine girls," added state Rep. Laurel Libby, R-Bangor, Thursday. 

Libby was censured specifically for posting a picture of the high school athlete from Greely competing as a male, contrasted next to an image of the athlete winning the women's pole-vaulting competition at Maine's Class B state indoor championship meet in February. The athlete was a minor. 

"State leaders have failed our female athletes and there needs to be repercussions for their neglect," said Zoe, who competed in shot put at Maine's Class B state indoor championship meet, told Fox News Digital.

Sarah Perry, a civil rights attorney with extensive experience litigating Title IX issues, said she believes Maine would be unsuccessful in court on this matter for a variety of reasons.

"Maine entered into a contract with the Department of Education, promising to follow that federal civil rights law. [Mills'] reliance on contrary state law will prove fatal to any continued recalcitrance," Perry said.

Mills and the Maine Principals Association (MPA) have argued that Trump's executive order conflicts with existing state Human Rights law. The MPA said that, as a result, it would defer to state law, which allows athletic eligibility to be determined based on a person's stated gender identity.

The letter arrived four days after HHS announced its Title IX investigation into MDOE on Feb. 21. Mills' office told local outlet the Bangor Daily News that her staff had not been questioned by federal investigators prior to the violation notice being sent out. 

"No President - Republican or Democrat - can withhold federal funding authorized and appropriated by Congress and paid for by Maine taxpayers in an attempt to coerce someone into compliance with his will," Mills said in a statement. "It is a violation of our Constitution and of our laws, which I took an oath to uphold."

Fox News Digital reached out to the Maine Principals Association and Greely High School's principal and assistant principals for comment but did not hear back in time for publication.