To the Wagner College community:

On Aug. 1, 2025, Wagner College and the U.S. Department of Education's Office for Civil Rights (OCR) resolved a February 2025 investigation into Wagner's compliance with Title IX for women's athletics.

While it is important that Wagner continues to foster a welcoming and supportive community, it is also necessary that we comply with federal laws as they are interpreted by the federal government, just as we follow NCAA rules so as to remain eligible to compete in intercollegiate sports.

Over the last several weeks and months we have seen news of institutions resolving federal investigations. I want to assure you that Wagner's resolution is markedly different. Working cooperatively with the OCR investigators, we were able to negotiate terms that are limited, minimally intrusive and tailored to the particular facts of Wagner's situation.

The main points of this agreement are:

• Wagner College will comply with Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq. ("Title IX") in all of its athletics programs.
• The College will not — on the basis of sex — exclude female students from participation in, deny female students the benefits of, or subject female students to discrimination under, any education program or activity including but not limited to athletics programs or activities, which means that Wagner College will not allow male students to compete in any athletic program designated for women, ensuring that only female students are eligible to compete as a member of women's athletics.
• To the extent the College provides intimate facilities such as locker rooms and bathrooms accessible to its student athletes in particular sports, it will continue to do so strictly separated on the basis of sex and comparably provided to each sex.
• The College recognizes that Title IX applies irrespective of any current or future policies that may conflict with this statement from any sporting or scholastic governing bodies that regulate collegiate athletics.
• The College will not delegate its obligation to comply with Title IX to an external association or other entity and may not contract or arrange with any third-party entity to provide benefits of the College's education programs or activities, if that third party entity discriminates on the basis of sex in providing any services or such benefits to Wagner College or its students– including by not operating athletic activities in the manner described in the statement.
• As of February 5, 2025, all practices, policies, and procedures adopted and implemented by Wagner College with respect to women's athletics will comply with Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (Jan. 20, 2025), in keeping with Executive Order 14201, Keeping Men Out of Women's Sports (Feb. 5, 2025).

OCR's investigation focused on one Wagner student's participation in women's fencing for a semester before the issuance of the 2025 Executive Orders cited above. I want to affirm that in allowing that student to participate, Wagner was following the NCAA and USA Fencing rules applicable at the time, and our agreement with OCR makes clear that there was no admission or finding of any wrongdoing by the College. Wagner was and is following the laws and rules as we understand them to apply, and we will continue to do so.

We recognize, nonetheless, that some student-athletes were negatively impacted by Wagner's following those rules. We sincerely apologize to those who experienced a competitive disadvantage, and we regret any distress anyone experienced as a result of the College's adherence to the policies in effect at the time.

I would like the campus community to know that this morning I met with members of our women's fencing team about the decision to resolve this investigation, and I want to publicly thank them for their support of the College, now and over the last year.

As we know, higher education is in the midst of great change. Like many institutions, Wagner College is doing what it must to advance its mission during this period of turbulence. I believe that it is of the utmost importance that Wagner set a course that ensures its long-term success, and part of that is to continue to foster an open and supportive community that follows the laws and regulations with which it must comply. In bringing an end to this investigation I believe we can continue to do both.

Jeffrey Doggett, Ed.D.
President

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To women fencers,

As many of you know, Wagner College had on its women's fencing roster in the fall of 2024 a transgender student-athlete who was born male. The U.S. Department of Education's Office for Civil Rights (OCR) investigated the matter, and OCR and the College reached an agreement resolving the investigation.

In accordance with that agreement, I write to offer our sincere regret that you were placed in a position in which you may have been negatively impacted by competing against a transgender fencer born male during the fall of 2024.

While Wagner followed both NCAA rules and OCR guidance at the time, and we received no concerns from our team or its competitors, we recognize that some of you may have felt uncomfortable raising such concerns publicly. We sincerely apologize to all who experienced a competitive disadvantage, and we regret any distress anyone felt as a result of the policies and practices in effect at the time.

Feel free to reach out to the Wagner College Department of Athletics if you have further questions or concerns.

Thank you,

Brendan Fahey