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The NCAA has issued an updated gender-participation policy following President Donald Trump’s executive order, which bans biological males from competing in women’s sports.
However, the new policy has already drawn criticism from advocates for women’s sports, who argue that it contains loopholes that fail to fully protect female athletes.
Two weeks after Trump signed the No Men in Women’s Sports executive order, figures such as Riley Gaines, Jennifer Sey, and Kim Jones have raised concerns that the NCAA’s new policy does not go far enough in establishing clear protections for female athletes at the college level.
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According to the updated NCAA policy, student-athletes who were “assigned male at birth” will not be allowed to compete on women’s teams.
However, they will be allowed to practice with women’s teams and receive all other benefits applicable to student-athletes.
The policy states:
“Athletes may not compete on the women’s team but may practice on the team consistent with their gender identity and receive all other benefits applicable to student-athletes who are otherwise eligible for practice.”
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An NCAA spokesperson told Fox News Digital that the policy is firm in its stance against waivers, stating:
“The policy is clear that there are no waivers available, and athletes assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID.”
However, the NCAA also defended allowing biological males to practice with women’s teams, saying it is a long-standing tradition in collegiate sports.
“Male practice players have been a staple in college sports for decades, particularly in women’s basketball, and the association will continue to account for that in the policy,” the spokesperson said.
Despite barring competition, critics argue that the policy still leaves room for interpretation and lacks key protections.
Former University of Kentucky swimmer Riley Gaines, who now hosts OutKick’s “Gaines for Girls” podcast, told Fox News Digital that the NCAA’s decision contradicts Trump’s executive order.
“This policy removes all accountability from the NCAA,” Gaines said. “It provides loopholes for both states and schools because it does not define sex.”
She pointed out that the policy does define gender identity, stating that it recognizes both “man” and “woman” as gender identities, while failing to define biological sex.
“It doesn’t define sex, it doesn’t define male or female, but it does define gender identity,” Gaines said.
“The qualifications for how they assign sex are based on birth certificates, which we now know can be completely changed.”
The ability to change the sex listed on birth certificates varies by state, raising further concerns about how the NCAA will enforce the policy.
Currently, 44 states allow birth certificate amendments to change a person’s recorded sex, while only six states—Florida, Texas, Kansas, Oklahoma, Tennessee, and Montana—prohibit it.
Additionally, 14 states, including California, New York, Massachusetts, and Michigan, allow birth certificate changes without requiring any medical documentation.
Gaines warned that this loophole could be exploited, allowing biological males to bypass the competition restriction by changing their legal documentation.
Kim Jones, a former college tennis player and co-founder of the Independent Council on Women’s Sports, said during an appearance on “FOX & Friends” that Trump should intervene and force the NCAA to rewrite the policy.
Gaines echoed that sentiment, urging Trump to hold the NCAA accountable.
“The NCAA certainly receives federal funds. So, if they’re not willing to comply with President Trump’s, again, thoroughly and beautifully written executive order, then I believe the NCAA should lose federal funding,” Gaines said.
As the debate over fairness in women’s sports continues, the NCAA’s revised policy is expected to remain a point of contention, especially as Trump’s administration pushes for stricter enforcement of the executive order.
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