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How to Write a Transgender Policy for Sport

7/5/2021

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Many sports organizations are revising or writing a policy for if or how transgender persons may participate in sport. In writing a transgender policy for sport, the primary concern is for fairness. If a biological male competes as a female that person may have an unfair competitive advantage due to higher testosterone levels that contribute to greater strength and lower body mass. Out of concern for fairness, many sports policies require transwomen (MTF – male to female) to jump through more hoops than transmen (FTM – female to male) in order to compete as a female.
 
There are multiple things to consider when drafting a policy for transgender participation.
  1. Value Statement. Consider writing a value or purpose statement explaining your organization’s position regarding transgender athletes’ participation in sport. This statement can then serve as a guide to how your transgender policy should be written.
  2. Notification. What is the process for athletes to declare or identify their gender? How will they notify you of a change in their previously disclosed gender? Is the process different for recreational, semi-professional or professional athletes?
  3. Declared Category.  An athlete who has transitioned from male to female may be required to compete in the female category for a certain period of time before being permitted to switch back to competing as a male.  This is to minimize a person switching genders for a competitive advantage. Will you have a category for intersex or non-binary persons (those who do not identify as either male or female) to compete?
  4. Documentation.  Will you allow a person to self-identify or will you require evidence of the gender of the athlete? This may include a birth certificate or medical evidence.
  5. Medical Evidence. Will you require evidence of testosterone levels within a certain range for a given period of time? This may also include evidence of a gender reassignment surgery, hormone therapy and/or testosterone suppressing medication.
  6. Limitations.  Will your policy be different for youth versus adults?  Do you need parental consent to change the declared gender of a youth athlete?  Will you allow transmen to take testosterone without it being a violation of anti-doping rules? If so, you may consider how much testosterone is appropriate.
  7. Duration. Will you have a minimum time period in which a person is not allowed to reclassify gender? For example, a transgender might be required to meet the criteria standards for a given period of time during a set competition period.
  8. Compliance. What are the consequences for failure to follow the protocol (e.g. ineligible for competition)?
  9. Challenge. What process will be followed if a person’s gender is challenged?
  10. Accommodations. Allow transgender people to use the dressing room, showers and bathrooms for the gender for which they identify. If assigning hotel rooms, allow them to share a room with the same sex as their identified gender or have their own room. For dress codes or uniforms are you able to respect the choice of the athlete to wear what feels most comfortable?
  11. Confidentiality. How will you demonstrate respect for the privacy of transgender people (e.g. do not publicize their status; use the preferred name and pronouns of the person)?
 
Countries outside of the United States or even some states in the U.S. may have different requirements, expectations or laws regarding transgender participation in sport. Prior to adopting a transgender policy, be sure to confirm these expectations in the jurisdiction where your organization engages in sport.
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