Iowa-2021-HF184-Introduced

H.F. 184 Section 1. NEW SECTION . 261I.1 Short title. 1 This chapter shall be known and may be cited as the “Save 2 Women’s Sports Act” . 3 Sec. 2. NEW SECTION . 261I.2 Definition. 4 As used in this chapter, “educational institution” means a 5 public or accredited nonpublic school, regents institution, 6 community college, or any other institution of higher 7 education that is a member of the national collegiate athletic 8 association, national association of intercollegiate athletics, 9 or national junior college athletic association. 10 Sec. 3. NEW SECTION . 261I.3 Designation of athletic teams 11 or sports by sex —— eligibility. 12 1. Interscholastic or intramural athletic teams or sports 13 that are sponsored by an educational institution shall be 14 expressly designated as one of the following based on the 15 biological sex of the participating students: 16 a. Males, men, or boys. 17 b. Females, women, or girls. 18 c. Coed or mixed. 19 2. Notwithstanding section 216.9, students of the male sex 20 shall be ineligible to participate in athletic teams or sports 21 designated for females, women, or girls. 22 Sec. 4. NEW SECTION . 261I.4 Disputes of biological sex. 23 If the biological sex of a student is disputed, the student 24 may establish the student’s sex by presenting a signed 25 statement by a licensed physician that indicates the student’s 26 sex based solely upon all of the following factors: 27 1. The student’s internal and external reproductive 28 anatomy. 29 2. The student’s normal, endogenously produced levels of 30 testosterone. 31 3. An analysis of the student’s genetic makeup. 32 Sec. 5. NEW SECTION . 261I.5 Adverse action against 33 educational institutions prohibited. 34 Notwithstanding section 216.9, a government entity, 35 -1- LSB 1126YH (1) 89 je/jh 1/ 4

H.F. 184 licensing or accrediting organization, or athletic association 1 or organization shall not consider a complaint, open an 2 investigation, or take any other adverse action against 3 an educational institution for maintaining separate 4 interscholastic or intramural athletic teams or sports for 5 students of the female sex. 6 Sec. 6. NEW SECTION . 261I.6 Causes of action —— damages. 7 1. A student who is deprived of an athletic opportunity or 8 suffers any direct or indirect harm as a result of a violation 9 of this chapter by an educational institution shall have a 10 private cause of action for injunctive relief, damages, and any 11 other relief available provided by law against the educational 12 institution. 13 2. A student who is subject to retaliation or other adverse 14 action by an educational institution or athletic association 15 or organization as a result of reporting a violation of this 16 chapter to an employee or representative of the institution 17 or athletic association or organization or to any state or 18 federal agency with oversight of educational institutions in 19 this state shall have a private cause of action for injunctive 20 relief, damages, and any other relief provided by law against 21 the institution or athletic association or organization. 22 3. An educational institution that suffers any direct or 23 indirect harm by a government entity, licensing or accrediting 24 organization, or athletic association or organization as a 25 result of a violation of this chapter shall have a private 26 cause of action for injunctive relief, damages, and any other 27 relief provided by law against the government entity, licensing 28 or accrediting organization, or athletic association or 29 organization. 30 4. A civil action under this section must be initiated 31 within two years after a violation of this chapter has 32 occurred. A person who prevails in such an action shall be 33 entitled to monetary damages, including for any psychological, 34 emotional, and physical harm suffered, if applicable, 35 -2- LSB 1126YH (1) 89 je/jh 2/ 4

H.F. 184 reasonable attorney fees, and any other appropriate relief. 1 Sec. 7. NEW SECTION . 261I.7 Severability. 2 The provisions of this chapter are severable pursuant to 3 section 4.12. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill requires that interscholastic or intramural 8 athletic teams or sports that are sponsored by an educational 9 institution be expressly designated based on the biological 10 sex of the participating students. The possible designations 11 are males, men, or boys; females, women, or girls; and coed 12 or mixed. Students of the male sex shall be ineligible to 13 participate in athletic teams or sports designated for females, 14 women, or girls, notwithstanding a provision of the Iowa civil 15 rights Act of 1965. 16 The bill defines “educational institution” as a public or 17 accredited nonpublic school, regents institution, community 18 college, or any other institution of higher education that 19 is a member of the national collegiate athletic association, 20 national association of intercollegiate athletics, or national 21 junior college athletic association. 22 If the biological sex of a student is disputed, the bill 23 authorizes the student to establish the student’s sex by 24 presenting a signed statement by a licensed physician that 25 indicates the student’s sex based solely upon the student’s 26 internal and external reproductive anatomy, the student’s 27 normal, endogenously produced levels of testosterone, and an 28 analysis of the student’s genetic makeup. 29 The bill prohibits a government entity, licensing or 30 accrediting organization, or athletic association or 31 organization from considering a complaint, opening an 32 investigation, or taking any other adverse action against 33 an educational institution for maintaining separate 34 interscholastic or intramural athletic teams or sports for 35 -3- LSB 1126YH (1) 89 je/jh 3/ 4

H.F. 184 students of the female sex, notwithstanding a provision of the 1 Iowa civil rights Act of 1965. 2 The bill provides for private causes of action for students 3 and educational institutions relating to violations of the 4 bill. A civil action must be initiated within two years after 5 a violation of the bill has occurred. A person who prevails 6 in such an action shall be entitled to monetary damages, 7 including for any psychological, emotional, and physical harm 8 suffered, if applicable, reasonable attorney fees, and any 9 other appropriate relief. 10 The bill contains severability provisions. 11 The bill shall be known and may be cited as the “save women’s 12 sports Act”. 13 -4- LSB 1126YH (1) 89 je/jh 4/ 4