Department of Education Confirms it Violated Federal Injunction, Whistleblower Allegations Fully Substantiated
June 10, 2026
WASHINGTON, D.C./June 10, 2026 — Today, the U.S. Office of Special Counsel (OSC) notified the President and Congress of the U.S. Department of Education’s (ED) investigation into whistleblower allegations that the agency failed to comply with a federal injunction related to Title IX enforcement. ED's investigation fully substantiated the whistleblower's allegations and OSC ultimately concluded that the agency's findings were reasonable.
The investigation, prompted by a disclosure from a whistleblower with ED’s Office for Civil Rights (OCR), found that ED leadership failed to comply with a 2022 preliminary injunction issued by the U.S. District Court for the Eastern District of Tennessee, which the Sixth Circuit affirmed in 2024. The injunction barred ED from implementing its June 2021 guidance documents interpreting an executive order on Title IX to extend protections to include discrimination based on sexual orientation and gender identity. ED submitted a Notice of Compliance to the district court stating it understood the injunction and intended to adhere to it.
In its initial report to OSC, ED did not substantiate the whistleblower’s allegations and omitted reference to a 25-page memo from a regional director at the agency corroborating the whistleblower’s concerns. OSC then requested a supplemental report from ED to address concerns raised by both the whistleblower and OSC.
ED’s supplemental investigation reversed the agency’s earlier conclusion, determining that former OCR leadership worked to obstruct at least one regional office’s compliance with the court order and may have attempted to conceal those efforts through coercive or intimidating conduct. In response, ED is investigating these allegations and intends to take corrective action against current or former employees, where warranted, and provide appropriate relief or other remedies to affected employees.
The whistleblower agreed with ED’s supplemental findings and provided additional evidence that ED deliberately violated the injunction across multiple offices and levels of management.
“I commend the whistleblower for being persistent in reporting the disclosure despite significant internal resistance,” said OSC Chief Counsel Charles Baldis. “Given the seriousness of the substantiated allegations—spanning several years, multiple offices, and layers of leadership—OSC recommends that the whistleblower be considered for a monetary award in recognition of the importance of the disclosure and the risks undertaken in bringing it to light.” Baldis continued, “we also encourage the Department of Education to thoroughly and efficiently complete their investigation of any wrongdoing in this matter and to provide transparency to the public about its conclusions and actions.”