Transgender Athlete RightsBy: Danyelle HoscharThe Ohio State UniversityHoschar.3@osu.edu

History

2003- IOC creates first Transgender athlete policy• Required surgery and hormone therapy for transgender athletes

(IOC, 2003)• Revised in 2016- no longer required surgery (IOC, 2015)

2011- NCAA creates its’ first policy for member schools• FTM- Compete on male teams, but cannot than play for female team

again (without making a mixed team)• MTF- Can play on men’s team even after starting hormone therapy-

cannot play on women’s team until after completing 1 yr. of hormone suppression therapy

History cont.

High School Level• 2007- Washington State and Colorado become first 2 states to

write policies for transgender athletes• Revised with expert input to be more “age appropriate”

OHSAA• Has well-being of student athletes in mind with confidential

medical records• Want all involved to have access to proper training and resources• Vague language• “The integrity of women’s sports should be preserved”• Who defines “sound medical evidence”?

Arguments held by Lawyers• The need to have policies in place for possible legal reasons• Protects students from discrimination

• Could have potential legal standing with The Equal Protection Clause of the Fourteenth amendment, which states that “no state shall… deny to any person within its jurisdiction the equal protection of the laws.”

• Lawsuits could use Title IX, The Americans With Disabilities Act, as well as state specific statutes for possible legal backing

Bill of Rights

1. Every state shall adopt and commit to an inclusive bill of rights for transgender student athletes for the protection of both the athlete and school.

2. Transgender students will notify schools before participation, for their own safety. Without prior knowledge, the school is unable to provide proper support to them.

3. State and school policies will avoid establishing policies based on the gender recorded on students’ birth certificate.

Bill of Rights cont.

4. Policy makers will be committed to not having different categories for participation based on FTM and MTF transgender identities.

5. The sport in which the student wants to participate shall not be a factor in deciding whether or not to allow them to play.

6. The state athletic associations will establish an over-arching set of policies for the state. By failing to do so, students may face discrimination in one district, while students in other districts are allowed to participate in sporting activities.

Bill of Rights

7. In addition to policies outlining participation in sport, the administration will provide clear guidelines for bathroom and locker room use for transgender students.

8. Schools will not require sex reassignment surgery for transgender students to participate.

9. Policies will use appropriate terms when referring to transgender students such using the correct pronouns by which the student chooses to be identified.

Questions?

Danyelle HoscharHoschar.3@osu.edu

ReferencesGreen, L. (2011). Transgender Athletes on School Sports Teams. High School

Today, 4(5), 12-14. Retrieved from https://nfhs.org/media/9728/high_school_today_february_11.pdf

IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism. (2015, November). International Olympic Committee. Retrieved from http://www.olympic.org/Documents/Commissions_PDFfiles/Medical_commission/2015-11_ioc_consensus_meeting_on_sex_reassignment_and_hyperandrogenism-en.pdf

NCAA Office of Inclusion. (2011, August). NCAA Inclusion of Transgender Student-Athletes. Retrieved from https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf

ReferencesOhio High School Athletic Association. (2014, November). Transgender Policy.

Retrieved from http://www.ohsaa.org/eligibility/TransgenderPolicy.pdf

Statement of the Stockholm consensus on sex reassignment in sports. (2003, December). International Olympic Committee. Retrieved from http://www.olympic.org/documents/reports/en/en_report_905.pdf