New Report Vindicates Whistleblower
WASHINGTON, D.C. – The Office of Special Counsel today released a report confirming protected disclosures by Department of Education whistleblower Timothy Mattson, represented by Empower Oversight, that the Department’s Office of Civil Rights unlawfully continued processing Title IX complaints related to gender identity and sexual orientation, defying both a federal court injunction and the advice of the department’s own legal counsel and the Department of Justice.
Two years after Mattson first brought his disclosures to the Office of Special Counsel, the final report confirms his disclosures following an extensive investigation by the Department of Education.
“This report is a clear vindication for Tim and the rule of law. The Office of Civil Rights defied a direct federal court order and continued to target schools for lawful policies,” Empower Oversight president Tristan Leavitt said. “Unfortunately, however, staff in senior supervisory positions who aided, abetted, or quietly complied with the illegal actions are still in positions of authority. The federal government needs to hold them accountable.”
Despite the court order, seven of the 12 regional offices opened cases for investigation or mediated cases in violation of the injunction. Numerous cases remain open in varying status.
Background
On January 20, 2021, President Biden issued an executive order expanding Title IX protections to cover gender identity and sexual orientation. Twenty states subsequently filed suit in the U.S. District Court for the Eastern District of Tennessee challenging the executive order. In July 2022, that court issued an injunction in Tennessee v. Department of Education, No. 21-308, prohibiting the federal government from implementing guidance documents that expanded Title IX based on the January 2021 executive order.
Despite the court’s injunction, the Department of Education’s Office of Civil Rights continued to open investigations into schools in states covered by the injunction. In April 2024, Empower Oversight filed a formal disclosure with the Office of Special Counsel on behalf of Mattson. The disclosure documented how the Office of Civil Rights, contrary to advice provided by the Department’s own General Counsel’s office and the Department of Justice, continued to process complaints under Title IX on issues related to gender identity and sexual orientation in states covered by the Eastern District of Tennessee’s injunction.
Following the disclosure, the allegations were referred to the Secretary of Education for investigation. The Department’s first draft investigation report omitted material facts and contained false and misleading statements. As a result, the Office of Special Counsel requested a supplemental response from the agency.
Mattson provided specific documented examples of the Office of Civil Rights’ violations of the court’s order:
• In one instance, a school restricted athletic competition to biological sex, an entirely lawful policy under the injunction. Nonetheless, the Office of Civil Rights opened an investigation against the school in direct violation of the court’s order.
• In another case, a school declined to change a student’s name and pronouns in academic records and restricted bathroom use to biological sex. Again, the Office of Civil Rights opened an investigation against the school in violation of the injunction.
The leadership from the Office of Civil Rights repeatedly gave staff direct instructions to continue with cases defying the court-ordered injunction while suggesting other employment might be necessary for those not on board.
To read the report from the OSC, click here.
To hear from Mattson, along with his attorneys from Empower Oversight, click here.
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