NJSIAA Revises Transgender Policy
On November 15, 2017, the New Jersey State Interscholastic Athletic Association (“NJSIAA”) announced changes to its policy affecting transgender student athletes. Under the new policy, the NJSIAA simply defines a transgender student as a student whose gender identity differs from the student’s sex assigned at birth.
The new policy allows transgender students to participate in sports in accordance with either their birth sex or their gender identity, but not both. The old policy required documented proof of a change in gender identity, such as a physician’s certification. In contrast, the revised policy does not require medical consultation.
A school may appeal the transgender student athlete’s eligibility if it believes the student’s participation would adversely affect competition or safety. The Eligibility Appeals Committee of the NJSIAA will hear such an appeal through a confidential process. However, such an appeal will not address a challenge to the school’s determination of the student’s sex-assignment.
The new policy also allows the NJSIAA to consider a transgender student’s use of a banned substance as a medical reason for a positive drug test if the use is for the purposes of hormone therapy.
Finally, the NJSIAA’s new policy only applies to students who have declared their transgender status. For those transgender student athletes who later no longer identify as transgender, the new policy can no longer apply to them.
You can read the full NJSIAA policy here.
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