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LGBTQ Inclusion Policy

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            In 2010, the NCAA Executive Committee announced its support and commitment to diversity, inclusion, and gender equality among its student-athletes, coaches, and administrators. The statement included the NCAA’s commitment to ensuring that all students have equal opportunities to achieve their academic goals, and coaches and administrators have equal opportunities for career development in a climate of respect.[1] In 2012, the LGBTQ Subcommittee of the NCAA association-wide Committee on Women’s Athletics and the Minority Opportunities and Interests Committee commissioned Champions of Respect, a document that provides resources and advocacy that promotes inclusion and equality for LGBTQ student-athletes, coaches, administrators and all others associated with intercollegiate athletics. This resource uses guides from the Women's Sports Foundation It Takes a Team! project for addressing issues related to LGBTQ equality in intercollegiate athletics. The document provides information on specific issues LGBTQ sportspeople face, similarities and differences of these issues on women’s and men’s teams, policy recommendations and best practices, and legal resources and court cases.[2]

The NCAA has kept these core values central to its decisions regarding the allocation of championship bids. In April 2016, the Board of Governors announced new requirements for host cities that includes protection against discrimination based on sexual orientation or gender identity for all people involved in the event. This decision was prompted by several states passing laws that permit discrimination based on sexual orientation or gender identity in accordance with religious beliefs.[3]

The NCAA expressed concern over Indiana’s Religious Freedom Restoration Act that allows businesses to discriminate against people based on their sexual orientation. This bill was proposed just before Indianapolis was set to host the 2015 Men’s Basketball Final Four tournament.[4] The bill clashed with the NCAA core values of inclusion and equality, and forced the NCAA, which has its headquarters in Indianapolis, to consider moving events out of Indiana. Under pressure from across the nation and fearing the economic loss of being banned from hosting NCAA events, the governor of Indiana, Mark Pence, revised the bill so that businesses could not discriminate based on sexual orientation, race, religion, or disability. The NCAA accepted the revised bill and continues to host events in Indiana.[5] The bill was enacted into law on July 1, 2015.[6]

On September 12, 2016, the NCAA announced that it would pull all seven planned championship events out of North Carolina for the 2016-2017 academic year.[7] This decision was a response to the state passing the Public Facilities Privacy and Security Act (H.B. 2) on March 23, 2016. This law requires people to use public restrooms that correspond with their sex assigned at birth and stops cities from passing laws that protect against discrimination towards gay and transgender people.[8] The NCAA Board of Governors determined that this law would make ensuring an inclusive atmosphere in the host communities challenging, and relocating these championship events best reflects the association's commitment to maintaining an environment that is consistent with its core values.[7] North Carolina has lost the opportunity to host the 2018 Final Four Tournament which was scheduled to be in Charlotte, but is relocated to San Antonio. If H.B. 2 is not repealed, North Carolina could be barred from bidding for events from 2019 to 2022.[9]

Legislators in Texas drafted a similar bill, nicknamed the Texas Privacy Act, in January 2017. This law would remove all existing anti-discrimination laws protecting LGBT people from cities in Texas and require transgender people to use public bathrooms that correspond with their sex, not gender identity.[10] Arkansas also drafted a Senate Bill 776, or the Arkansas Physical Privacy and Safety Act, which mirrors the Texas Privacy Act.[11] The NCAA has not commented on how these bills will effect its decisions in hosting championship events in Texas and Arkansas.[10]

Historically, the NCAA has used its authority in deciding on host cities to promote its core values. The Association also prohibits championship events in states that display the Confederate flag, and at member schools that have abusive or offensive nicknames or mascots based on Native American imagery. Board members wish to ensure that anyone associated with an NCAA championship event will be treated with fairness and respect.[3]

  1. ^ Griffin, Pat, and Hudson Taylor. “Champions of Respect: Inclusion of LGBT Student-Athletes and Staff in NCAA Programs,” April 2010. 
  2. ^ Branch, John. “N.C.A.A. Advises on Sexual Orientation Issues.” The Quad: The New York Times College Sports Blog, March 4, 2013. https://thequad.blogs.nytimes.com/2013/03/04/n-c-a-a-offers-guidance-on-l-g-b-t-matters/.
  3. ^ a b Hendrickson, Brian. “Board of Governors Approves Anti-Discrimination Process for Championships Bids.” Text. NCAA.org - The Official Site of the NCAA, April 27, 2016. 
  4. ^ Reports, Tribune wire. “NCAA Weighs Response to Indiana’s Religious Freedom Law.” Chicagotribune.com, March 26, 2015. http://www.chicagotribune.com/chi-ncaa-tournament-indiana-religious-freedom-spt-20150326-story.html.
  5. ^ Lowery, Wesley. “Gov. Pence Signs Revised Indiana Religious Freedom Bill into Law.” Washington Post, April 2, 2015. https://www.washingtonpost.com/news/post-nation/wp/2015/04/02/gov-pence-signs-revised-indiana-religious-freedom-bill-into-law/.
  6. ^ "Indiana Gov. Pence defends religious objections law: 'This bill is not about discrimination'". Chicago Tribune. Retrieved March 29, 2015.
  7. ^ a b “NCAA to Relocate Championships from North Carolina for 2016-17.” NCAA.com, September 12, 2016. http://www.ncaa.com/news/ncaa/article/2016-09-12/ncaa-relocate-championships-north-carolina-2016-17.
  8. ^ Shoichet, Catherine E. (April 5, 2016). "North Carolina transgender law: Is it discriminatory?"CNN. Retrieved November 30, 2016.
  9. ^ Glier, Ray. “N.C.A.A. Leader Mark Emmert Says Discrimination Policy Is Clear.” The New York Times, March 17, 2017. https://www.nytimes.com/2017/03/17/sports/ncaabasketball/ncaa-discrimination-north-carolina-mark-emmert.html.
  10. ^ a b Zeigler, Cyd. “With SB6, Texas Could Lose 2017 Women’s Final Four and 2018 Men’s Final Four.” Outsports, January 5, 2017. http://www.outsports.com/2017/1/5/14180710/texas-sb6-ncaa-final-four.
  11. ^ Sopelsa, Brooke. “Texas, Arkansas Advance Anti-Transgender ‘Bathroom Bills.’” NBC News, March 16, 2017. http://www.nbcnews.com/feature/nbc-out/texas-arkansas-advance-anti-transgender-bathroom-bills-n734381.