In January 2022, the National Collegiate Athletic Association Board of Governors updated the “transgender student-athlete participation policy” that governs the rules and regulations in the world of college sports. This updated policy puts NCAA student-athlete participants in line with the Olympic Movement, which outlines an approach that is different from sport to sport. This approach “preserves opportunity for transgender student-athletes while balancing fairness, inclusion and safety for all who compete,” according to the NCAA website.

In line with both the policies of the U.S. Olympic and Paralympic Committee, the NCAA policy gives the power of decision in regards to transgender student-athlete participation to the policy of the national governing body for each individual sport. The decision will go to the international federation of the sport if there is no national governing body policy in place already. If there is no international federation policy, then the decision would be made based on the policy criteria created by the International Olympic Committee. 

The updated policy was deemed effective immediately but was set up to be implemented in three separate phases between the years 2022 and 2025. 

Phase one required transgender student-athletes to provide documentation to the Committee on Competitive Safeguards and Medical Aspects of Sports four weeks before their winter and spring championships. This phase took place in 2022. 

Phase two required transgender student-athletes to provide documentation that meets the 2010 NCAA policy and the “sport standard for documented testosterone levels at three points in time: 1. Prior to any competition during the regular season; 2. Prior to the first competition in an NCAA championship event; and 3. Prior to any competition in the non-championship segment.” 

Phase three was titled "full implementation" and will take place beginning on Aug. 1, 2024. This phase requires transgender student-athletes to provide documentation twice a year that meets sports standards “as reviewed and approved by CSMAS.” These sports standards include things such as mitigation timelines and testosterone levels.

Over the course of the month of March, sixteen female athletes have come forward and filed a lawsuit. This lawsuit states that they “bring this case to secure for future generations of women the promise of Title IX that is being denied from them and other college women.” Title IX as published by the U.S. Department of Education states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.” 

In an interview with ABC News, William Bock, the lead attorney in the lawsuit, stated “What the plaintiffs are really after is an equal and fair opportunity to succeed. For everybody to be equal at the starting line.” The NCAA stated that while it "does not comment on pending litigation, the Association and its members will continue to promote Title IX, make unprecedented investments in women's sports and ensure fair competition in all NCAA championships."

According to the Associated Press, this lawsuit is taking place due to transgender swimmer Lia Thomas, who competed in the national championships in 2022. Thomas is a swimmer for the University of Pennsylvania, who had previously competed on the men’s team before her gender transition. Thomas was the first transgender athlete to win “a Division 1 title in any sport, finishing in front of three Olympic medalists for the championship.” The lawsuit details that swimmers were shocked to share a locker room with Thomas, and expresses their disappointment that only she was handed a trophy when she tied with another athlete. When this athlete complained, compliant agents told her that Thomas holding the trophy was crucial for photo purposes. It also outlines opportunities that other athletes were “denied” following defeat from Thomas.

Following her Division 1 win, Thomas spoke with ABC News. She stated “I knew there would be scrutiny against me if I competed as a woman. I was prepared for that, but I also don’t need anybody’s permission to be – myself and to – to do the sport that I love.”

The plaintiffs in this case include track and volleyball athletes as well as swimmers. This debate on whether or not transgender athletes should be allowed to compete expands beyond just Thomas’ struggles The policy surrounding transgender athletes is intricate at the collegiate and international levels. Should collegiate athletic spaces be single-sex or should they be open to transgender athletes? What should that policy look like? The questions are never-ending as we look to the future for answers on how to proceed.