While the world is swirling around the potential for participation of transgender athletes in competition, many debates are entering into every aspect of the sports world to provide clarification and fairness all athletes. In reviewing the requirements being applied to those who have entered competition in sport as a transgender athlete, there have been several policies that have developed and are currently being implemented by the National Collegiate Athletic Association. The policies, though in their incipient stage, will influence much decision making as eligible trans and non-binary athletes enter sport competition with competitors according to their validated gender designation.
Myron Genel, M. D. refers to the difficulties in enacting policy by noting that “clinicians and politicians have struggled with how to integrate transgender individuals”. (1) However, in 2003 initial recommendation were a start to addressing the issue through the development of clinical criteria that can be verified.
Further, guidance regarding the right of a trans/non-binary athlete to participation was provided by 12 years of policy by the National College Athletic Association and its more recent policy clarifications in 2022. The original “2010 NCAA Policy on Transgender Student-Athlete Participation” included the following:
“The following policies clarify participation of trans student-athletes* undergoing hormonal treatment for gender transition: 1. A trans male (FTM) student-athlete who has received a medical exception for treatment with testosterone for diagnosed gender dysphoria for purposes of NCAA competition may compete on a men’s team but is no longer eligible to compete on a women’s team without changing that team status to a mixed team. 2. A trans female (MTF) student-athlete being treated with testosterone suppression medication for gender dysphoria for the purposes of NCAA competition may continue to compete on a men’s team but may not compete on a women’s team without changing it to a mixed team status until completing one calendar year of testosterone suppression treatment. Trans student-athletes who are not taking hormone treatment related to gender transition may participate in sex-separated sports activities in accordance with their sex assigned at birth. • A trans male (FTM) student-athlete who is not taking testosterone related to gender transition may participate on a men’s or women’s team. • A trans female (MTF) student-athlete who is not taking hormone treatments related to gender transition may not compete on a women’s team. *
(*This policy may also apply to student-athletes who identify as non-binary. The same policy requirements apply to student-athletes who identify as non-binary and wish to compete on a men’s or women’s team.)” (2)
The current policy was updated in 2022 to align with Olympic Movement policy and specify three phases as follows:
“Phase One – 2022 winter and spring championships
For participation in 2022 winter and spring championships, transgender student-athletes must provide documentation to the CSMAS within four weeks before the selections date for their championship.
The documentation must demonstrate compliance with the 2010 NCAA policy (PDF), which calls for one year of testosterone suppression treatment. It should also document a one-time serum testosterone level that falls below the maximum allowable level for the sport in which the student-athlete is competing within four weeks of championship selections for that sport. This means that student-athletes who have already fulfilled the 2010 NCAA policy need only provide one validated serum testosterone level in this time frame.
Transgender student-athletes who are participating in regular season competition (including conference championships) for the remainder of academic year 2022 remain subject to the 2010 NCAA policy only.
Phase Two – 2022-23 regular season and championships
Beginning Aug. 1, 2022, participation in NCAA sports requires transgender student-athletes to provide documentation that meets the above criteria for the 2010 NCAA policy (PDF), plus meet the sport standard for documented testosterone levels at the beginning of their competition season and again six months later. This means that student-athletes who have already been competing do not need to demonstrate the newly adapted sport-specific testosterone levels for the entire prior year if they are not available.
For participation in NCAA championships, transgender athletes must additionally provide documentation of testosterone levels to the CSMAS with laboratory work completed within four weeks of the championship selections.
Phase Three – 2023-24 full implementation
Beginning Aug. 1, 2023, participation in NCAA sports requires transgender student-athletes to provide documentation that meets the sport-specific standard submitted twice annually (once at the beginning of competition season and the second six months following) for one year. This process will continue annually for eligible student-athletes.
For participation in NCAA championships, transgender athletes must additionally provide documentation of testosterone levels to the CSMAS with laboratory work completed within four weeks of the championship selections.”
Now with guidance from international and national policies that affect sport federations and universities, other entities are providing new decision making in the form of either recognizing gender issues or banning participation altogether. (2)
In studying the issue of transgender/non-binary athletic participation, the position expressed in this article is as follows:
Rachel McKinnon
1. Student athletes, regardless of their gender orientation, have a right to participate in competition that best represents an accurate definition of their physicality through medical descriptions such as those already presented in current policy. It is important to note, however, that a standard for sport-specific testosterone levels may not eventually be the only evidence that one is indeed female or male. Other factors may be required as scientific methods show more accurate testing.
2. While there is great concern over a perceived unfair advantage that male to female transitioned athletes may have over cisgender female athletes, and evidence, indeed, shows that newly entered athletes have broken many records above other athletes, it is suggested that there will not be a great number of athletes who will make transitions for the purpose of breaking records. These athletes deserve to compete in the proper environment related to their gender.
3. Given the over 20 years of attention to this topic, it is suggested that sport organizations give due time and patience in addressing these rights and responsibilities to ensure fairness and ultimate benefit to all athletes and avoid a knee-jerk reaction to banning athletes from entering a sport area as a trans/binary athlete.
It has taken a long time for policy to begin to develop to accommodate trans and binary athletes, and there needs to be time for the newer policies to be evaluated and modified. Simply banning these athletes from competition is not a solution, it is a delaying tactic that will continue to deny participation from a group of athletes who have already made the hard decisions about how they wish to live their lives.
Of course, while policy development has been helpful in directing transgender athletes into their inclusion with appropriate opportunities for competition, this author believes that much more needs to be done on the part of parents and policymakers to ensure that gender transforming methods are carefully and appropriately applied in the first place, and that policies that develop to support a widening class of competitors be accomplished with due consideration of the ultimate safety and risk factors associated with potential misidentification of athletes.
References:
1. Genbel, M. (2017). Transgender athletes: How can they be accommodated? Current Sports Medicine Reports, 17(1), p 12-13.
2. National Collegiate Athletic Association (2022). Transgender Student-Athlete Participation Policy. Retrieved August 19, 2022, at https://www.ncaa.org/Transgender%20Student-Athlete%20Participation%20Policy%20-%20NCAA.org.html.