AP 178: Athlete Eligibility in Female-Only School Sports
Administration of Policy and Legislation
Background
The Government of Alberta’s Fairness and Safety in Sport Act and its corresponding Regulation outline eligibility requirements for student athletes participating in amateur competitive sports. Parkland School Division shall comply with these requirements to ensure safe, equitable, and lawful participation in school athletics.
This procedure establishes clear eligibility guidelines for student athletes participating in female-only leagues, classes, or divisions in School Sport Alberta-sanctioned sports.
Definitions
a) Amateur Competitive – shall refer to a sport or sport discipline in which the student athlete’s primary focus is on development through competitive experience, skill improvement, and pursuit of excellence, with performance measured against others and potential for advancement.
b) Applicant – shall refer to an individual submitting a confidential challenge to a student athlete’s eligibility, who is either:
a. A student athlete participating in the same relevant sport, classification, or division; who is over the age of 18;
b. A parent or legal guardian of a student athlete participating in the same relevant sport, classification, or division; or
c. A principal of an Alberta school with a team participating in the same relevant sport, classification, or division.
c) Athlete Eligibility Criteria – shall refer to the requirements for participation in School Sport Alberta-sanctioned athletics, as established by the Superintendent and by School Sport Alberta (formerly the Alberta Schools’ Athletic Association).
d) Athlete Eligibility Adjudicator – shall refer to the individual designated by the Superintendent to investigate, review, and make determinations on challenges relating to athlete eligibility, in accordance with this procedure.
e) Relevant Sport – shall refer to an amateur competitive female-only sport or sport discipline governed, regulated, coordinated, promoted or sponsored by Parkland School Division.
f) Sex at Birth – shall refer to the sex listed on a student athlete’s official birth registration document, issued under the Vital Statistics Act or similar legislation outside Alberta.
Procedures
Confirmation of Athlete Eligibility
1. Prior to engaging in competition, the Principal or designate shall ensure that before a student athlete participates in a relevant female-only sport, a student athlete (or their parent or guardian if the student athlete is under 18 years of age) shall complete the Fairness and Safety in Sport Confirmation Form indicating that they understand and meet the eligibility criteria to participate;
1.1. Failure of a student athlete (or their parent or guardian) to confirm their eligibility in writing will render the student athlete ineligible to participate.
Athlete Eligibility Criteria
2. The Principal or designate shall ensure that the following eligibility criteria are upheld when determining if a student athlete may participate in the relevant sport:
2.1. The student athlete is over the age of 12;
2.2. The student athlete is competing in a Relevant Sport as defined above; and
2.3. The Fairness and Safety in Sport Confirmation Form has been completed indicating that the student athlete was of the female sex at birth.
Submitting a Challenge to Athlete Eligibility
3. An applicant may submit a challenge if there are reasonable grounds to believe that a student athlete is ineligible according to the criteria established in section 2.
4. A challenge must be submitted in writing using Challenge to Athlete Eligibility Form to the school division's Athlete Eligibility Adjudicator.
5. A Challenge to Athlete Eligibility to a student eligibility to participate in the relevant sport must include:
5.1. The name and contact information of the applicant;
5.2. The name of the school the applicant is representing or their child attends and/or sport association they belong to;
5.2.1. If the applicant is a parent or guardian of a student athlete the name of the student athlete must be included in the challenge.
5.3. The name of the student athlete who is the subject of the challenge, their club/team and sport; and
5.4. Information that supports the grounds for the challenge.
Verification of Applicant Eligibility
6. Upon receiving a Challenge to Athlete Eligibility, the Athlete Eligibility Adjudicator shall initiate a verification process to determine whether the applicant meets the eligibility criteria. This process may include the following:
6.1. The information provided on the Challenge to Athlete Eligibility Form shall be used to verify that the applicant meets the defined eligibility criteria; and
6.2. If the submitted information is insufficient to confirm applicant eligibility, the Athlete Eligibility Adjudicator or designate may contact the applicant’s child’s school and/or school division to obtain the necessary verification.
Verification of Athlete Eligibility
7. The Athlete Eligibility Adjudicator shall ensure that all matters arising under this procedure shall be conducted in a manner that respects the dignity, safety, and privacy of the student athlete while ensuring compliance with applicable legislation.
8. Upon receipt of a challenge, the Athlete Eligibility Adjudicator shall confirm receipt and notify the Superintendent or designate within 24 hours of receiving the challenge.
8.1. The Superintendent or designate shall notify Minister of Tourism and Sport that the challenge has been received, without personal identifying information, within 3 business days.
9. The Athlete Eligibility Adjudicator shall dismiss the challenge if, in their opinion, reasonable grounds do not exist for the challenge, including but not limited to instances where:
9.1. The school division has previously resolved a challenge for the same student athlete;
9.2. Insufficient information has been provided to proceed as a valid challenge;
9.3. The challenge has not been submitted by an applicant as defined in this procedure;
9.4. The student athlete is not participating in a sport covered by the Fairness in Sport Regulation or Fairness in Sport Act; or
9.5. The challenge is deemed to have been made in bad faith.
10. If there is sufficient information to proceed with a challenge the Athlete Eligibility Adjudicator shall notify the applicant and the student athlete whose eligibility is the subject of the challenge to advise them that the challenge is proceeding and request a copy of the student athlete's birth registration document.
10.1. Failure to provide the birth registration document as defined in the Vital Statistics Act or similar document issued outside of Alberta shall render the student athlete ineligible to participate in a relevant sport.
11. The student athlete shall remain eligible to participate in the relevant sport until the adjudication process is completed and a final determination has been rendered.
Resolution
12. Once the birth registration document is received, the Athlete Eligibility Adjudicator shall verify the student athlete's eligibility.
13. If the challenge is dismissed and the student athlete is determined to be eligible, the Athlete Eligibility Adjudicator will notify, in writing, the applicant and the student athlete. The student shall be deemed permanently eligible for participation in female-only leagues, classifications, or divisions of relevant sports under this procedure.
13.1. The Superintendent or designate will notify the Minister of Tourism and Sport of the decision, without personal identifying information, within 30 business days of the challenge.
14. If the challenge is upheld and the student athlete is determined to be ineligible, the Athlete Eligibility Adjudicator shall notify, in writing, the applicant and student athlete. The student shall be deemed permanently ineligible for participation in female-only leagues, classifications, or divisions of relevant sports under this procedure.
14.1. The Superintendent or designate shall notify the Minister of Tourism and Sport of the decision, without personal identifying information, within 30 business days of the challenge.
Appeal Process
15. An individual not satisfied with the decision of the Athlete Eligibility Adjudicator may appeal, in writing, according to AP 172 Appeal Process Regarding Student Matters.
