The University of Pennsylvania’s decision to update swimming program records previously held by transgender swimmer Lia Thomas has reignited tensions on social media, with former ESPN host Keith Olbermann and former NCAA swimmer Riley Gaines engaging in another public dispute.
On Tuesday, the U.S. Department of Education’s Office for Civil Rights (OCR) announced it had reached a resolution agreement with the University of Pennsylvania.
The agreement followed a federal Title IX investigation into the university’s handling of Lia Thomas’ participation on the women’s swim team during the 2021–2022 season.
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In response to the announcement, Olbermann posted on X, mocking Gaines for her past criticism of the NCAA’s policies on transgender athletes.
“Wanted to congratulate Whiny Gaines on now being able to say she finished tied for FOURTH not tied for FIFTH in the Lia Thomas race,” Olbermann wrote, referencing the 200-yard freestyle event at the 2022 NCAA Division I Swimming Championships, where Gaines and Thomas had tied for fifth place.
Wanted to congratulate Whiny Gaines on now being able to say she finished tied for FOURTH not tied for FIFTH in the Lia Thomas race
(@Riley_Gaines_)— Keith Olbermann (@KeithOlbermann) July 2, 2025
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Gaines, a 12-time NCAA All-American and host of OutKick’s “Gaines for Girls” podcast, responded directly to Olbermann.
“Thank you! And while you’re keeping track, make sure to congratulate Emma Weyant, the right National Champ in the 500 freestyle, too,” Gaines wrote, referencing the NCAA event in which Thomas placed first in the women’s 500-yard freestyle final.
Gaines also took a direct swipe at Thomas’ ranking in the men’s division prior to transitioning.
“(If you’re insinuating 5th in the nation is bad, what do you call a man who ranks 462nd nationally in the men’s category?)” she wrote.
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Thomas, who competed for the Penn men’s team before transitioning, became the first openly transgender athlete to win an NCAA Division I individual title.
During the 2021–2022 women’s season, Thomas set three program records at Penn in the 100-, 200-, and 500-yard freestyle events.
On Tuesday, following the OCR investigation, the University of Pennsylvania updated those records.
In a note on its athletics website, the university acknowledged that Thomas set the records while competing under the NCAA eligibility rules in effect at the time.
However, the program’s record book was modified to reflect the fastest times swum by female athletes who were born female.
“NOTE: Competing under eligibility rules in effect at the time, Lia Thomas set program records in the 100, 200 and 500 freestyle during the 2021–22 season,” the university’s updated annotation read.
The resolution follows broader changes in national policy.
Earlier this year, in accordance with an executive order signed by President Donald Trump, the NCAA updated its gender eligibility standards, banning all biological males from participating in women’s collegiate athletic competitions.
Penn President J. Larry Jameson issued a statement on Tuesday affirming the university’s compliance with Title IX and the NCAA’s updated regulations.
“The University 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 athletics programs,” the statement read.
“In addition, in providing to female student-athletes intimate facilities such as locker rooms and bathrooms in connection with Penn Athletics, such facilities shall be strictly separated on the basis of sex and comparably provided to each sex.”
The Title IX investigation and resulting policy changes have added momentum to the broader national debate surrounding fairness in women’s sports.
Gaines, who has become a vocal advocate for women’s athletic integrity, continues to push back against policies allowing biological males to compete in women’s categories.
The UPenn case marks one of the highest-profile institutional revisions in response to federal scrutiny over transgender athlete participation in collegiate sports.
The OCR’s agreement with the university signals potential implications for how other schools may handle similar disputes going forward.
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