SB 1046: Bioloogical Sex Interscholastic Sports

A. EACH INTERSCHOLASTIC, INTERCOLLEGIATE, INTRAMURAL OR CLUB 7 ATHLETIC TEAM OR SPORT THAT IS SPONSORED BY AN EDUCATIONAL INSTITUTION OF 8 THIS STATE AND EACH EDUCATIONAL INSTITUTION WHOSE STUDENTS OR TEAMS 9 COMPETE AGAINST AN EDUCATIONAL INSTITUTION SPONSORED BY THIS STATE MUST BE 10 EXPRESSLY DESIGNATED AS ONE OF THE FOLLOWING BASED ON BIOLOGICAL SEX: 11 1. MALES, MEN OR BOYS. 12 2. FEMALES, WOMEN OR GIRLS. 13 3. COED OR MIXED SEX. 14 B. EDUCATIONAL INSTITUTION ATHLETIC TEAMS OR SPORTS THAT ARE 15 DESIGNATED FOR FEMALES, WOMEN OR GIRLS MAY NOT BE OPEN TO STUDENTS OF THE 16 MALE SEX. 17 C. IF DISPUTED, A STUDENT MAY ESTABLISH THE STUDENT'S SEX BY 18 PRESENTING A PHYSICIAN'S SIGNED STATEMENT THAT INDICATES THE STUDENT'S SEX 19 BASED ONLY ON ALL OF THE FOLLOWING FACTORS: 20 1. THE STUDENT'S INTERNAL AND EXTERNAL REPRODUCTIVE ANATOMY. 21 2. THE STUDENT'S NORMAL ENDOGENOUSLY PRODUCED LEVELS OF 22 TESTOSTERONE. 23 3. AN ANALYSIS OF THE STUDENT'S GENETIC MAKEUP. 24 D. SUBSECTION C OF THIS SECTION DOES NOT APPLY IF A STUDENT WAS 25 BORN WITH A MEDICALLY VERIFIABLE GENETIC DISORDER OF SEX DEVELOPMENT, 26 INCLUDING: 27 1. A DISORDER IN WHICH THE AMBIGUITY OF THE EXTERNAL BIOLOGICAL SEX 28 CHARACTERISTICS CANNOT BE RESOLVED, SUCH AS BEING BORN WITH FORTY-SIX XX 29 CHROMOSOMES WITH VIRILIZATION, FORTY-SIX XY CHROMOSOMES WITH 30 UNDERVIRILIZATION OR BOTH OVARIAN AND TESTICULAR TISSUE. 31 2. A SEXUAL DEVELOPMENT DISORDER FOR WHICH A PHYSICIAN HAS 32 DETERMINED THROUGH GENETIC TESTING THAT THE STUDENT DOES NOT HAVE THE 33 NORMAL CHROMOSOME STRUCTURE FOR A MALE OR A FEMALE. 34 E. FOR STUDENTS BORN WITH A GENETIC DISORDER OF SEX DEVELOPMENT AS 35 DESCRIBED UNDER SUBSECTION D OF THIS SECTION, A STUDENT MAY ESTABLISH THE 36 STUDENT'S SEX BY PRESENTING A PHYSICIAN'S SIGNED STATEMENT INDICATING THE 37 BIOLOGICAL SEX OF THE STUDENT BASED SOLELY ON GENETIC TESTING, SUCH AS THE 38 PRESENCE OF XX OR XY CHROMOSOMES, IF THAT CAN BE DETERMINED. IF THE 39 BIOLOGICAL SEX OF THE STUDENT BASED SOLELY ON GENETIC TESTING CANNOT BE 40 DETERMINED AS PRESCRIBED IN THIS SUBSECTION, THE STUDENT MAY IDENTIFY THE 41 STUDENT'S SEX. 42 F. A GOVERNMENTAL ENTITY, A LICENSING OR ACCREDITING ORGANIZATION 43 OR AN ATHLETIC ASSOCIATION OR ORGANIZATION MAY NOT ENTERTAIN A COMPLAINT, 44 OPEN AN INVESTIGATION OR TAKE ANY OTHER ADVERSE ACTION AGAINST AN 45 EDUCATIONAL INSTITUTION FOR MAINTAINING SEPARATE INTERSCHOLASTIC, SB 1046

• 2 - 1 INTERCOLLEGIATE, INTRAMURAL OR CLUB ATHLETIC TEAMS OR SPORTS FOR STUDENTS 2 OF THE FEMALE SEX. 3 G. ANY STUDENT WHO IS DEPRIVED OF AN ATHLETIC OPPORTUNITY OR 4 SUFFERS ANY DIRECT OR INDIRECT HARM AS A RESULT OF A VIOLATION OF THIS 5 SECTION HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE RELIEF, DAMAGES AND 6 ANY OTHER RELIEF AVAILABLE UNDER LAW AGAINST THE EDUCATIONAL INSTITUTION. 7 H. ANY STUDENT WHO IS SUBJECT TO RETALIATION OR ANOTHER ADVERSE 8 ACTION BY AN EDUCATIONAL INSTITUTION OR ATHLETIC ASSOCIATION OR 9 ORGANIZATION AS A RESULT OF REPORTING A VIOLATION OF THIS SECTION TO AN 10 EMPLOYEE OR REPRESENTATIVE OF THE EDUCATIONAL INSTITUTION OR ATHLETIC 11 ASSOCIATION OR ORGANIZATION OR TO ANY STATE OR FEDERAL AGENCY WITH 12 OVERSIGHT OF EDUCATIONAL INSTITUTIONS IN THIS STATE HAS A PRIVATE CAUSE OF 13 ACTION FOR INJUNCTIVE RELIEF, DAMAGES AND ANY OTHER RELIEF AVAILABLE UNDER 14 LAW AGAINST THE EDUCATIONAL INSTITUTION OR ATHLETIC ASSOCIATION OR 15 ORGANIZATION. 16 I. ANY EDUCATIONAL INSTITUTION THAT SUFFERS ANY DIRECT OR INDIRECT 17 HARM AS A RESULT OF A VIOLATION OF THIS SECTION HAS A PRIVATE CAUSE OF 18 ACTION FOR INJUNCTIVE RELIEF, DAMAGES AND ANY OTHER RELIEF AVAILABLE UNDER 19 LAW AGAINST THE GOVERNMENTAL ENTITY, LICENSING OR ACCREDITING ORGANIZATION 20 OR ATHLETIC ASSOCIATION OR ORGANIZATION. 21 J. A CIVIL ACTION UNDER THIS SECTION MUST BE INITIATED WITHIN TWO 22 YEARS AFTER THE HARM OCCURS. A PERSON THAT PREVAILS ON A CLAIM BROUGHT 23 UNDER THIS SECTION IS ENTITLED TO MONETARY DAMAGES, INCLUDING FOR ANY 24 PSYCHOLOGICAL, EMOTIONAL AND PHYSICAL HARM SUFFERED, ANY REASONABLE 25 ATTORNEY FEES AND COSTS AND ANY OTHER APPROPRIATE RELIEF. 26 K. FOR THE PURPOSES OF THIS SECTION, "EDUCATIONAL INSTITUTION" 27 MEANS ANY OF THE FOLLOWING: 28 1. A PUBLIC SCHOOL, WHETHER OR NOT THE PUBLIC SCHOOL IS A MEMBER OF 29 AN INTERSCHOLASTIC ATHLETIC ASSOCIATION OR ORGANIZATION. 30 2. A PRIVATE SCHOOL THAT IS A MEMBER OF AN INTERSCHOLASTIC ATHLETIC 31 ASSOCIATION OR ORGANIZATION. 32 3. A UNIVERSITY UNDER THE JURISDICTION OF THE ARIZONA BOARD OF 33 REGENTS, WHETHER OR NOT THE UNIVERSITY IS A MEMBER OF ANY ASSOCIATION 34 LISTED IN PARAGRAPH 5 OF THIS SUBSECTION. 35 4. A COMMUNITY COLLEGE AS DEFINED IN SECTION 15-1401, WHETHER OR 36 NOT THE COMMUNITY COLLEGE IS A MEMBER OF ANY ASSOCIATION LISTED IN 37 PARAGRAPH 5 OF THIS SUBSECTION. 38 5. ANY OTHER INSTITUTION OF HIGHER EDUCATION THAT IS A MEMBER OF 39 ANY OF THE FOLLOWING: 40 (a) A NATIONAL COLLEGIATE ATHLETIC ASSOCIATION. 41 (b) A NATIONAL ASSOCIATION OF INTERCOLLEGIATE ATHLETICS. 42 (c) A NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION.