U of A implements new Fairness and Safety in Sports Policy

The University of Alberta has created the Fairness and Safety in Sport Policy, as required under the Government of Alberta’s Fairness and Safety in Sports Regulation, which focuses on transgender women’s participation in sports.

The U of A’s policy requires athletes competing in women’s leagues to provide proof that they were assigned female at birth to be able to compete. Athletes competing in men’s leagues are not required to prove their sex at birth.

The Gateway requested comment from the U of A’s Athletics and was redirected to U of A media relations.

In a comment provided over email, U of A media relations said “the policy mirrors the government regulation without adding further restrictions and outlines a clear process in which any eligibility challenges are managed by the Registrar’s Office.”

It said the policy was implemented prior to the start of competition season to ensure students understand and confirm their eligibility.

University intends to support individuals impacted by the policy

The policy was discussed further at the September 22 General Faculties Council (GFC) meeting. 

Jax Oltean, associate general counsel, explained that the university’s policy was a direct result of the provincial regulations. They said the regulation is very clear as to what the policy must say.

Oltean said the university went beyond the requirements to be more supportive to students.

“Those include things like a commitment to procedural fairness, the reimbursement of any costs to obtain a birth registration document,” Oltean explained.

Karina Banerji, the undergraduate Board of Governors (BoG) representative, spoke at the meeting. She said she is also a president of one of the associations registered under club sports. 

“Speaking for myself, registered under club sports, we are not comfortable proceeding to more competitive leagues given that this is going to interfere with the privacy and safety of our student athletes,” Banerji said.

Melissa Padfield, deputy provost (students and enrolment), said it’s important to surface concerns around how the policy may restrict individuals or leagues. She said individuals who are impacted may come to her and the Student Success and Experience office with their concerns.

“I think it’s really important that we support individual students who are experiencing any sort of challenges or impacts from the effects of this kind of legislation,” she said.

“It’s important for us to consider that we are, as a university, passing what is a sexist and transphobic policy,” Lise Gotell says

Padfield said in response to another question that the university tried to limit the people who are able to challenge someone’s sex at birth to those who are directly engaged in the sport. This is to try to avoid vexation complaints.

She also said athletes will be allowed to continue to fully participate as a challenge is processed. Padfield said the university has worked to spread awareness around supports available to those impacted by the policy.

Lise Gotell, a women’s and gender studies professor, said she had moved the item from an information item, which involves no discussion, to a discussion item on the GFC agenda.

Gotell said that she doesn’t believe that the university can pass the policy without the consideration of GFC. She also said that the policy is unconstitutional under the Canadian Charter of Rights and Freedoms.

“I think it’s important for us to consider that we are, as a university, passing what is a sexist and transphobic policy that will have negative impacts on women athletes as a group and trans athletes as a group,” Gotell said.

She also noted that individual support is not a remedy or a response to discrimination claims.

Questions on the name and implementation of the policy 

Fiona Kelly, the dean of the faculty of law, asked if the university could “comply a little more stubbornly” in how they named the policy. She said that the current policy name reflects that of the provincial act, but the university could call it a policy that responds to the government requirement.

“I just wonder if as a little bit of an act of objection that we don’t reflect the very language that [the province] has given us and instead simply indicate that it’s a policy to comply,” Kelly said.

Kyle Foster echoed Kelly’s comment and said they think the policy should come to GFC for approval.