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Draft Transgender Guidelines PDF
Draft Transgender Guidelines PDF
GUIDELINES FOR UAAP PARTICIPATION OF TRANSGENDER
PERSONS
UAAP Season 82
Robie Batungbacal
Enriquito Cruz
Anica Gomez
Pelos Remollo
Ric Sigui
Renson Yu
DECLARATION OF POLICY
Providing equal opportunity in sports is recognized not only as a core value in
education, but also, and more importantly, as a human right. To respond to the realities of the
growing number of transgender students seeking to participate in their school’s athletics
programs, especially with the gender that they identify with1, institutions of learning are called
on to take a proactive stance against discrimination and to start taking steps to be aware of
and address all issues on fairness and equity. Thus, in response to the clarion call for gender
equity in sports, the UAAP advocates for and adopts a policy of inclusion and
non-discrimination, particularly with regard to the participation of transgender athletes in all
athletics programs. Thus, the principal aim of these Guidelines is to afford transgender
student-athletes the equal opportunity to participate in sports keeping in mind the
association’s interest in maintaining fair competition.
RULES AND REGULATIONS
In addition to the requirements2 currently imposed by the UAAP on
student-athlete-participants with regard to general requirements, eligibility documents
procedures, documents to be submitted by incoming students, qualifying marks, addition and
replacement of athletes, withdrawal of athletes protest on eligibility, misrepresentation of
documents, residency requirements number of playing years, playing outside the UAAP,
disciplinary sanctions, citizenship requirements, among others, the following requirements are
also to be imposed on transgender student-athletes (TSA):
1
National Collegiate Athletics Association, NCCA Inclusion of Transgender Student-Athletes, available at
https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf (last accessed March 6, 2019).
2
UAAP Season 77 Ground Rules & Guidelines, University Athletic Association of the Philippines (2014).
I.
DEFINITION OF TERMS
1. FTM (Female-to-Male)/Affirmed male/transboy — A child or adult who was assigned
to the female gender at birth but identifies with the male gender.3
2. MTF (Male-to-Female)/Affirmed female/transgirl — A child or adult who was
assigned to the male gender at birth but identifies with the female gender.4
3. Gender Identity - a person’s internal psychological identification as a boy/man or
girl/woman.5
4. Transgender: An individual whose gender identity does not match the person’s sex at
birth.6
5. TSA - Transgender Student-Athlete
II.
RESPONSIBILITIES OF THE SCHOOL
1. The school must develop a policy and culture that fosters inclusivity and equitable
participation allowing all qualified students to take part in athletics programs
regardless of their chosen gender identity and expression and balance it with the fair
competition.
2. The school must take active steps in achieving and spreading awareness about the
rights and issues concerning gender identity and expression in the context of sports.
3. The school must respect the privacy of all student-athletes, especially the decisions of
the student-athletes with regard to their gender identity and expression as well as any
medical information in relation thereto.
4. The school must conduct regular forums and training seminars in order to educate the
athletics administrators, coaches and other student athletes regarding the proper
etiquette, behavior, and current scientific perspectives on the participation of
transgender student-athletes on men’s and women’s sports teams.
3
National Collegiate Athletics Association, NCCA Inclusion of Transgender Student-Athletes, available at
https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf (last accessed March 6, 2019).
4
Id.
5
Gender Spectrum, “A Word About Words,” available online at http://www.genderspectrum.org/images/stories/
Resources/Family/A_Word_About_Words.pdf
6
Id.
5. The school must constantly review its policies and rules on TSA participation and
eligibility in interuniversity-sports competitions and ensure that the rights and
concerns of TSAs are fully addressed and protected.
6. The school must create a Committee specifically dedicated to raising awareness about
gender equity issues and tasked to receive the complaints from aggrieved
student-athletes.
III.
GENDER OR FEMININITY CONTROL7
1. Gender Determination
a. For purposes of a student-athlete’s eligibility to participate in the UAAP sports
competitions, the determination of the gender of an athlete, shall be primarily
based on his/her Certificate of Live Birth. Provided, that if an athlete has
previously undergone a sex change, the following documents shall likewise be
considered: 8
i. a certification under oath from a duly licensed physician stating that the
athlete has successfully undergone a sex change and the gender of such
athlete post-procedure.9
ii. an affidavit from the athlete stating that he/she has undergone a sex
change and that he/she identifies with his/her gender post-procedure.10
2. The member universities are responsible for validating the gender of their respective
athletes.11
3. If a challenge is presented by another member university, the following process shall
be carried out:12
a. A reputable doctor shall be appointed by the host university to issue impartial
decisions, unless it is the host university that is intending to field a TSA, in which
case, another university included in the UAAP, to be decided by the UAAP board,
will appoint;13
7
UAAP Season 77 Ground Rules & Guidelines, supra note 2.
8
Id.
9
Id.
10
Id.
11
Id.
12
Id.
13
UAAP Season 77 Ground Rules & Guidelines, supra note 2.
b. Confer with the UAAP-appointed medical practitioner who will conduct
interviews and regular tests i.e. ultrasound, doping, etc.14
c. Refer and verify findings using the facilities at the St. Luke’s Medical Center, or
other medical institutions which the UAAP Board might deem fit.15
4. Conditions:16
a. If the challenge is unsuccessful, the costs of the tests will be charged to the
challenging university;17
b. If the challenge is successful, the costs of the test will be paid by the university
intending to field the TSA;18
c. Forfeiture of games19
i. For individual sports: the medal of the athlete in question will be
relinquished and handed back to the UAAP;20
ii. For team sports: if the athlete’s gender is deemed questionable by the
UAAP-appointed doctor and the member university allows the athlete in
question to continue playing, after which the test comes out positive , all
the games participated in by the athlete in question shall be forfeited,
and will be deemed disqualified for that season, with the consequence
of nullifying any award which the team wins, if such is the case;21
iii. A member university can pose a challenge to the eligibility of the TSA,
within 1 month from the release of the final roster of the university in
the specific sport. When a challenge is presented, the same may not be
withdrawn, but the athlete in question may be withdrawn by the
concerned university.22
iv. If sex changes are conducted before puberty, the athlete can qualify to
play immediately. If sex changes are conducted after puberty, the
athlete can qualify to play two (2) years after the procedure.23 The
determination of when puberty occurs will depend on the discretion of
14
Id.
15
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16
Id.
17
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18
Id.
19
UAAP Season 77 Ground Rules & Guidelines, supra note 2.
20
Id.
21
Id.
22
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23
Id.
the UAAP Board and the medical-practitioners whose services they
decide to procure.
IV.
TRANSGENDER STUDENT-ATHLETE PARTICIPATION
NCAA Policy on Transgender Student-Athlete Participation24 shall be adopted by the UAAP
Rules, which states:
1. A trans male (FTM) student-athlete who has received a medical exception for treatment
with testosterone for diagnosed Gender Identity Disorder or gender dysphoria and/or
Transsexualism, for purposes of NCAA competition may compete on a men’s team, but is
no longer eligible to compete on a women’s team without changing that team status to a
mixed team.25
2. A trans female (MTF) student-athlete being treated with testosterone suppression
medication for Gender Identity Disorder or gender dysphoria and/or Transsexualism, for
the purposes of NCAA competition may continue to compete on a men’s team but may
not compete on a women’s team without changing it to a mixed team status until
completing one calendar year of testosterone suppression treatment.26
Any transgender student-athlete who is not taking hormone treatment related to gender
transition may participate in sex-separated sports activities in accordance with his or her
assigned birth gender.27
1. A trans male (FTM) student-athlete who is not taking testosterone related to gender
transition may participate on a men’s or women’s team.28
2. A trans female (MTF) transgender student-athlete who is not taking hormone
treatments related to gender transition may not compete on a women’s team.29
24
National Collegiate Athletics Association, NCCA Inclusion of Transgender Student-Athletes, available at
https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf (last accessed March 6, 2019).
25
Id.
26
Id.
27
Id.
28
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29
Id.
In addition to the above-mentioned requirements, The IOC Consensus Meeting on Sex
Reassignment and Hyperandrogenism30 shall also be adopted by these UAAP Rules, with
modifications:
1. TSAs who identify as male are eligible to compete in the male category without restriction.31
2. TSAs who identify as female are eligible to compete in the female category under the
following conditions:32
2.1. The TSA has declared that her gender identity is female. The declaration cannot be
changed, for sporting purposes, for a minimum of four years.33
2.2. The athlete must demonstrate that her total testosterone level in serum has been
below 5 nmol/L for at least 12 months prior to the start of their respective tournaments
or competitions. The 12-month period could be changed by the UAAP Board,
depending on the circumstances, but such should not be less than 12 months.34
2.3. The athlete's total testosterone level in serum must remain below 5 nmol/L
throughout the period of desired eligibility to compete in the female category.35 The
testosterone level may be subject to change to be decided by the board of directors,
with mandatory consultation with all the universities involved.
2.4. Compliance with these conditions may be monitored by testing. In the event of
non-compliance, the athlete’s eligibility for female competition will be suspended for 6
to 12 months, depending on the discretion of the UAAP Board.36
30
International Olympic Committee, The IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism, available at
https://stillmed.olympic.org/Documents/Commissions_PDFfiles/Medical_commission/2015-11_ioc_consensus_meeting_on_sex_rea
ssignment_and_hyperandrogenism-en.pdf (last accessed March 6, 2019).
31
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32
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33
Id.
34
Id.
35
International Olympic Committee, The IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism, available at
https://stillmed.olympic.org/Documents/Commissions_PDFfiles/Medical_commission/2015-11_ioc_consensus_meeting_on_sex_rea
ssignment_and_hyperandrogenism-en.pdf (last accessed March 6, 2019).
36
Id.
V.
MEDICAL ATTENTION
1. Member universities are responsible for the medical needs of their transgender
athletes, hence they are required to:
a. Have their medical staff or personal trainers undergo training for the
specific needs of the transgender athletes including but not limited to:
i. First aid
ii. Emergency care
b. Conduct guidance counseling or consolation for those who are in need.
c. Have appropriate medicines that are needed for the appropriate condition
of the athletes.
2. The UAAP and the appropriate host school shall ensure that in every event there is
access to:
a. First aid
b. Ambulance
c. Medicine
VI.
FACILITIES ACCESS
A. Changing Areas, Toilets, Showers
1. Transgender student-athletes should be able to use the locker room, shower,
and toilet facilities in accordance with the student’s gender identity.37
2. Every locker room should have some private, enclosed changing areas, showers,
and toilets for use by any athlete who desires them.38
3. 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.39
37
National Collegiate Athletics Association, NCCA Inclusion of Transgender Student-Athletes, available at
https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf (last accessed March 6, 2019).
38
Id.
39
Id.
B. Competition At Another School
1. If a transgender student-athlete requires a particular accommodation to ensure
access to appropriate changing, showering, or bathroom facilities, school
leaders, athletic directors, and coaches, in consultation with the transgender
student-athlete, should notify their counterparts at other schools prior to
competitions to ensure that the student has access to facilities that are
comfortable and safe. This notification should maintain the student’s
confidentiality.40
2. Under no circumstances should a student-athlete’s identity as a transgender
person be disclosed without the student’s express permission.41
C. Hotel Rooms
1. Transgender student-athletes generally should be assigned to share hotel
rooms based on their gender identity, with a recognition that any student who
needs extra privacy should be accommodated whenever possible.42
VII.
DRESS CODES & TEAM UNIFORMS
A. Dress Codes for Competition Proper
1. TSAs should be permitted to dress consistently with their gender identities. The
existing restrictions should be applied equally to all persons in their respective
gender categorizations.43
B. Dress Code In Transit
1. In order to recognize the right of TSAs to participate in the UAAP competitions
and tournaments, dress codes for athletic teams when traveling or during a
game day at school should be genderneutral.44
C. Restrictions
40
Id.
41
Id.
42
National Collegiate Athletics Association, NCCA Inclusion of Transgender Student-Athletes, available at
https://www.ncaa.org/sites/default/files/Transgender_Handbook_2011_Final.pdf (last accessed March 6, 2019).
43
Id.
44
Id.
1. No student should be required to wear a gendered uniform that conflicts with
the student’s gender identity.45 Such violation will subject the university to
corresponding sanctions, as the UAAP Board may deem proper.
VIII.
ENFORCEMENT AND SANCTIONS
45
Id.
who makes such a complaint as well as to maintain the confidentiality of the
student-athlete if requested.