Tag: StudentAthletes

  • Trump Signs Executive Order to Ban Transgender Student-Athletes from Participation in Women’s Sports

    Trump Signs Executive Order to Ban Transgender Student-Athletes from Participation in Women’s Sports

    by CUPA-HR | February 11, 2025

    On February 5, President Trump signed an executive order titled “Keeping Men Out of Women’s Sports.” The order aims to bar transgender women and girls from participating in women’s sports by directing agencies to withdraw federal funding from schools that refuse to comply with the order.

    The EO claims that, in recent years, educational institutions and athletic associations have allowed men to compete in women’s sports, which the Trump administration believes denies women and girls equal opportunity to participate in competitive sports, thus violating Title IX. As a result, the EO sets policy to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities” and to “oppose male competitive participation in women’s sports more broadly.”

    With respect to the specific actions ordered, the EO directs the secretary of education to ensure compliance with the court order to vacate the Biden administration’s Title IX rule and to take other actions to ensure that the 2024 regulations do not have effect. It also directs the secretary to take action to “protect all-female athletic opportunities” by setting forth regulations and policy guidance that clearly specifies and clarifies “that women’s sports are reserved for women.”

    Notably, the EO further directs all federal agencies to review grants to educational programs and to rescind funding to programs that fail to comply with policy set forth in the EO. Institutions with grant programs deemed to be noncompliant with this order could, therefore, risk losing federal funding for that program.

    The EO also seeks quick enforcement by federal agencies. The EO orders the Department of Education to prioritize Title IX enforcement actions against educational institutions and athletic associations that “deny female students an equal opportunity to participate in sports and athletic events.” The Department of Justice is also tasked with providing resources to relevant agencies to ensure “expeditious enforcement” of the policy set forth in the EO.

    Finally, the EO directs the assistant to the president for domestic policy to convene both major athletic organizations and state attorneys general to promote policies consistent with Title IX and identify best practices in enforcing equal opportunities for women to participate in sports.

    On February 6, the NCAA updated its policy regarding transgender student-athlete participation in response to the EO. According to the NCAA, the new policy limits competition in women’s sports to student-athletes assigned female at birth, but it allows student-athletes assigned male at birth to practice with women’s teams and receive benefits while practicing with them. For men’s sports, student-athletes may participate in practice and competition regardless of their sex assigned at birth or their gender identity, assuming all other eligibility requirements are met.

    Institutions should review their policies and practices in light of the EO and the NCAA’s policy change. CUPA-HR will continue to monitor for Title IX updates and keep members apprised of new enforcement under the Trump administration.



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  • Congress Introduces Legislation on Employee Classification of Student-Athletes – CUPA-HR

    Congress Introduces Legislation on Employee Classification of Student-Athletes – CUPA-HR

    by CUPA-HR | June 18, 2024

    On June 13, the House Education and Workforce Committee voted to advance H.R. 8534, the Protecting Student Athletes’ Economic Freedom Act. The bill would prohibit student-athletes from being classified as employees under federal and state labor laws and regulations due to their participation in intercollegiate athletics.

    The bill was introduced on May 23 by Rep. Bob Good (R-VA) and 10 House Republicans. If enacted, the bill would prohibit student-athletes from being classified as employees at institutions of higher education, athletic conferences or athletic associations (such as the NCAA). In effect, the legislation would prohibit student-athletes from being classified as employees under federal labor laws, such as the Fair Labor Standards Act (FLSA) and National Labor Relations Act (NLRA), as well as state laws and regulations determining employment classification.

    Throughout the Biden administration’s first term, the National Labor Relations Board (NLRB) has issued significant guidance and decisions with respect to the classification of student-athletes as employees. In September 2021, the NLRB’s general counsel issued a memorandum asserting the agency’s position that student-athletes are considered employees under the NLRA. The memorandum was followed by an NLRB complaint filed against the University of Southern California, the Pac-12 Conference and the NCAA for allegedly misclassifying USC’s men’s football and men’s and women’s basketball players as student-athletes rather than employees. Additionally, in March 2024, the Dartmouth College men’s basketball team voted in favor of joining the Service Employees International Union, after a regional NLRB director determined that players on the team are employees under the NLRA using the board’s general counsel memorandum.

    The bill passed out of committee by a partisan vote of 23-16, only gaining support from Republicans on the committee. The bill now awaits a full House vote, where Republicans can pass the bill with a simple majority. The fate of the bill is more uncertain in the Senate, as it is unlikely that it will gain enough support from Democrats to bypass the 60-vote filibuster. CUPA-HR will keep members apprised of any updates relating to this bill and employee classification of student-athletes generally.



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