Showing posts with label intramurals. Show all posts
Showing posts with label intramurals. Show all posts

Monday, January 19, 2015

College Rec Sports Has New Policy of Transgender Inclusion

The National Intramural-Recreational Sports Association (NIRSA) has announced a new policy of inclusion for transgender athletes, which will take effect this spring. NIRSA governs a series of regional and national "extramural" championships for college students in a variety of men's, women's, and coed sports.

The policy allows encourages transgender athletes to self-identify as male or female for purposes of participation:
NIRSA recognizes and celebrates the transgender student population among their tournament participants. Through the guiding policies of the NIRSA Championship Series tournaments, NIRSA empowers students to participate in intramural sports and sport club divisions based on their expressed gender identity.
The policy does not require the participant to undergo hormone treatments, sex reassignment surgery, or any kind of legal process in order to participate consistently with one's gender.  In this way, the policy distinguishes itself from the NCAA's policy for its championships in women's sports, which requires transgender female athletes to undergo hormone treatment for a year prior to competing. With an increasing number of high school athletic associations adopting or considering NCAA-type policies, NIRSA's policy serves as an example that more inclusive policies are possible and more appropriate for sport organizations that are striving to maximize athletic participation.  On its website, NIRSA acknowledges that the new policy will not "noticeably impact the experience of the majority of tournament participant organizers and participants." Yet, it underscores the value of its efforts "if these changes make participation more inviting and inclusive for even one more individual."  

Another thing I like about this policy is that it imposes no additional burdens on transgender athletes, in contrast to some high school athletic association policies that allow gender-identity based participation only after a committee of sorts has investigated and affirmed the student's gender.  NIRSA's policy simply requires that the campus official who signs off on the team's roster should include transgender athletes as participants on a single-sex team, or denote their sex for purposes of a coed sport that specifies a particular ratio of men:women, based on that player's good faith representation of their gender identity. The policy specifically instructs the campus official not to designate the player according to the sex listed on the player's school records if that designation is in conflict with the player's affirmed gender identity. And it provides a work-around for any player who is not comfortable discussing their gender identity with that particular campus official.

The policy also affirms that "for many, coming to know one’s gender identity is not something that happens in an instant; it is a complex process that can occur over an extended period of time." This language appropriately preempts any requirement that a player consistently identify as a single gender over the course of their time in college.  The policy is also sensitive to issues of confidentiality ("Under no circumstances should a student-athlete’s identity as a transgender person be disclosed without the student’s express permission"). 

Along with announcing a new policy for participation, NIRSA has updated its code of conduct, which already prohibits "verbal or non-verbal profanity, disrespectful language, and obscene gestures or behavior" to also ban "bullying" and "homophobic and transphobic expressions of any kind." And, it  includes a set clear and straightforward "best practices" for facilities:
Transgender student-athletes should be able to use the locker room, shower, and toilet facilities in accordance with the student’s gender identity. Every locker room should have some private, enclosed changing areas, showers, and toilets for use by any athlete who desires them. When requested by a transgender student-athlete, schools should provide private, separate changing, showering, and toilet facilities for the student’s use,but transgender students should not be required to use separate facilities.
The policy stops short of requiring such facilities as a condition for hosting a NIRSA-governed competition, but it does require host institutions who do not meet this standard to "work with NIRSA to make comparable accommodations."  Ideally, this language will encourage institutions that are not already thinking about incorporating principals of universal design into their facilities and locker rooms to begin to do so.

Friday, July 13, 2007

Fields Explains Title IX's Application to Club and Intramural Sports

Professor Sarah Fields of Ohio State -- author of Female Gladiators, a book we greatly admire and highly recommend -- has a new article in the Journal of College and University Law titled "Intramural and Club Sports: The Impact of Title IX." (citation: 33 J. College & U. L. 521 (2007)).

Fields points out that most Title IX lawsuits regarding athletics address disparities in intercollegiate sports, notwithstanding that 5.5 million people participate in intramural and club teams compared to about 487,000 who compete at the intercollegiate level.

Though Title IX clearly governs club and intramural sports (as the law covers all university programs), it is not always clear whether a university is in compliance. Intramurals don't necessarily have a set number of participation opportunities, and many coed teams do not cap the number of participants of either sex. But if an intramural program reserves particular slots for men and women, the proportion of these slots should mirror the gender breakdown of the student body or else schools must ensure that they are satisfying the interests and abilities of the underrepresented sex. When it comes to club teams, which are student-initiated, Fields suggests that universities with gender-neutral policies for approving and recognizing clubs are likely in compliance.

Schools also must ensure that they do not discriminate on the basis of sex in the support they offer to intramural and club sports, particularly, access to equipment, facilities, and supplies. It would be unlawful, for instance, to provide men's clubs/intramurals better or more frequent practice or game times (or vice versa), or to require male participants to furnish their own equipment but supply comparable equipment to female participants (or vice versa).

Fields concludes,
Colleges and universities should be aware of potential Title IX violations when it comes to intramural and club sports. Institutions need to be aware of the requirements to provide equal access and equal opportunity in terms of funding and facilities to intramural and club sports. Institutions should be responsive to their students' interests and abilities and be sure that they are providing adequate intramural leagues with comparable scheduling and equipment provision.

Bad investigations

 The more I learn about the ins and outs of Title IX (and Title VI) investigations, the more pessimistic I become about the ability of these...