The federal watchdog that polices whistleblower claims says the U.S. Department of Education crossed a legal line when it kept pursuing certain Title IX investigations, even after a federal court told it to stop. According to the Office of Special Counsel, officials continued to open and work cases tied to gender identity and girls’ sports in states covered by a court injunction. The finding reverses an earlier internal conclusion at the Department and calls for audits, potential discipline and more transparency, turning up the heat on agency leadership and raising fresh questions about how regional offices interpreted marching orders from Washington.
What the watchdog found
The Office of Special Counsel reported that the Department’s supplemental review “fully substantiated” a whistleblower’s allegations and that former leaders at the Office for Civil Rights “worked to obstruct” at least one regional office that was trying to comply with a 2022 preliminary injunction. OSC said the Department’s initial report failed to include a 25-page memo from that regional office, a document that backed up the whistleblower’s concerns and prompted OSC to insist on a follow up investigation before closing the case. The watchdog’s report urges corrective action for current or former staff where appropriate and suggests the whistleblower should be considered for a monetary award, according to the U.S. Office of Special Counsel.
Whistleblower and reaction
The case centers on claims from Timothy Mattson, an attorney in the Department’s Office for Civil Rights, who says regional teams were instructed to keep opening cases even in states covered by the injunction. His lawyer, Tristan Leavitt, told KABB / Fox San Antonio that “the top line is that, as you said, they violated a court order.” Leavitt said the watchdog’s push for discipline, an audit and added transparency shows how serious the situation is, and he noted that Mattson is still worried about retaliation even as his allegations have been officially validated.
Policy context
The dispute stems from a 2021 interpretation of Title IX that folded sexual orientation and gender identity into the definition of sex discrimination, a move that triggered legal and political pushback and led a federal judge in Tennessee to block enforcement in roughly 20 states, as OSC highlighted. According to the Office of Special Counsel’s letter and closure documents, the Department told the district court it was in compliance through a formal Notice of Compliance but still pressed ahead with certain investigations. At the same time, the Department’s broader policy course, including recent steps to rescind some earlier resolution agreements, has intensified the clash over how Title IX rules should be applied, according to the U.S. Department of Education.
What comes next
OSC has urged the Department to wrap up its internal investigation and publicly spell out what steps it will take to fix the problems, but the agency has not yet said whether it plans to impose additional penalties, according to KABB / Fox San Antonio. The watchdog’s recommendations, which include a full audit, targeted corrective actions and more openness about how cases are handled, could reshape how the Office for Civil Rights deals with contested complaints and may invite more scrutiny from Congress. For now, Mattson still works at the Department while officials decide on next steps and the push for accountability plays out.
