April 11, 2023
On April 6, 2023 the U.S. Department of Education shared an unofficial version of proposed Title IX regulations regarding sex-related eligibility criteria for male and female athletic teams. The department also provided a fact sheet, U.S. Department of Education’s Proposed Change to its Title IX Regulations on Students’ Eligibility for Athletic Teams.
Once these regulations are posted to the Federal Register, the notice-and-comment period will commence, and institutions and individuals will have 30 days to submit written responses to the proposed federal rules. After the notice-and-comment period, the department will review submitted comments, finalize the regulations, and provide a timeline for institutions to come into compliance.
At present, UW Intercollegiate Athletics follows the guidance of the NCAA Transgender Student-Athlete Participation Policy, which provides for a sport-by-sport eligibility criteria for transgender student-athletes to participate in athletic competition. The NCAA policy aligns with policy set by the United States Olympic and Paralympic Committee and International Olympic Committees.
UPDATE: The Notice of Proposed Rule Making (NPRM) was posted to the Federal Register on April 13, 2023. Comments must be received on or before May 15, 2023.