Transgender policy

Approved by CTT Board January 2018  


POLICY AND PROCEDURES ON TRANSSEXUAL PEOPLE IN CYCLING TIME TRIALS’ EVENTS 


Introduction  

Cycling Time Trials (“CTT”) is responsible for regulating the participation of persons as competitors in cycling time trials within its jurisdiction within England, Wales, the Isle of Man, the Channel Islands and Scotland.  
 
Cycling in all its forms is a gender-affected sport, as defined by legislation, in that the physical strength, stamina or physique of average persons of one sex would put them at an advantage or disadvantage (as the case may be) to average persons of the other sex as competitors in an event of any discipline within cycling.  
 
Accordingly, CTT has adopted this policy for two reasons: first, in order to ensure equal and fair competition in cycling time trials; and second, to ensure the safety at all times of all competitors.  

Key terminology

This policy uses a number of terms associated with transsexual people and cycling.  CTT recognises that there are considerable differences in those that are used and has adopted the following definitions:  

Transgender person  

The terms 'transgender person' or 'trans person' are umbrella terms to cover a number of specific terms such as transsexual men, transsexual women, intersex people, androgyne and polygender people, cross-dressing and transvestite people.  
 
Gender reassignment  
 
Gender reassignment is one of a number of protected characteristics defined in the Equality Act 2010  and applies to people who are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of reassigning their sex. This legislation prohibits discrimination against a person to whom the protected characteristic applies.  
 
Transsexual person  
 
This term refers to someone with the protected characteristic of gender reassignment. CTT uses the term transsexual man to describe a female-to-male transsexual person and uses the term transsexual woman to describe a male-to-female transsexual person.  This is not the same as a cross dresser or transvestite people, nor is it the same as sexual orientation.1  
 
1 Sport Councils Equality Group Guidance for NGBs on transsexual people in competitive sport May 2013  
 
Affirmed (acquired) sex or gender  
 
CTT uses the term ‘affirmed’ or ‘acquired' in reference to an individual's sex or gender to describe the sex that the person has transitioned/is transitioning to as opposed to that which was assigned at birth.  

Scope of this Policy  

CTT is the National Governing Body for the sport of cycling time trials in England, Wales, the Isle of Man, the Channel Islands and Scotland.  Therefore this policy relates solely to activity within those territories. CTT is responsible for setting standards and values to apply throughout cycling time trials at every level within such territories.  It is the responsibility of CTT to apply its rules and regulations and to regulate participation of persons as competitors in CTT’s events in order to ensure that it provides fair competition and has due regard for the safety of all competitors.  CTT permits a range of competitions to suit the needs of all those who wish to participate in its events.  CTT expects athletes to compete at an appropriate level.  
 
This policy covers competitions as defined below; it includes competitions sanctioned by CTT as an organisation and includes those events managed and organised though its CTT Districts and affiliated clubs and associations, collectively referred to as 'domestic competitions' in this policy.  
 
The Sports Council Equality Group’s guidance for national governing bodies on transsexual people and competitive sport also states that competition or competitive sport refers to activity where the result (winning or losing) has a meaningful outcome.  The requirements set out in this policy would not therefore, apply to cycling activity such as training, friendly or fun rides or to athletes taking part in mass participation events of a charitable outcome.  
 
CTT’s Policy and Procedures on Transsexual People in CTT’s Events apply to all individuals involved in such events, whether paid or in a voluntary capacity.  All have a responsibility to ensure that transsexual people are treated with dignity and respect and that they are treated fairly.  

Guidance and legislation  

The practices and procedures within this policy are based on the principles contained within English legislation and in particular take the following into consideration:  
 

  • Equality Act 2010;
  • Sports Council Equality Group Guidance;
  • Data Protection Act 1998;
  • and  Gender Recognition Act 2004.  

 

Policy and Procedures for domestic competitions  

CTT's requirements relating to the eligibility of transsexual people to compete in domestic athletics competitions are as follows:  
 
Transsexual males  
 
Any transsexual male (female‐to‐male transsexual person) who is recognised under English law as someone undergoing or who has undergone gender reassignment may compete in his affirmed gender in any male or mixed sex domestic competition without further evidence beyond what is required for any other male athlete.  
 
Transsexual females  
 
a) Any transsexual woman (male to female transsexual person) aged 16 years or over who is recognised under English law as undergoing or who has undergone gender reassignment may compete in her affirmed gender in female or mixed sex domestic competitions by providing evidence that her hormone therapy has brought her blood-measured testosterone level within the range of her affirmed gender or that she has had a gonadectomy. Alternatively, she may compete in a male or mixed-sex competition if she has not started hormone treatment.  

b) Any transsexual girl (under 16 and post puberty) who is recognised under English law as someone undergoing or who has undergone gender reassignment may compete in her affirmed gender in any female or mixed-sex domestic competition subject to an individual case by case review, if required, undertaken by UKA and as detailed further below. Alternatively, she may compete in any male or mixed-sex competition if she has not started hormone treatment or had a gonadectomy.  

c) Any transsexual girl (pre-puberty) who is recognised under English law as undergoing or who has undergone gender reassignment may compete in her affirmed gender in any female or mixed-sex competition subject to confirmation of her stage of pubertal development, as detailed further below. 
 
 
These requirements can be summarised as follows: 
 
Non‐contact sport 
 
 

Affirmed gender Domestic competition run under the auspices of an NGB  and in accordance with its regulations and policies 
Any transsexual male (female‐  to‐male transsexual person)  May compete in his affirmed gender in any male or mixed‐  sex domestic competition  
Transsexual woman – over 16  and post‐puberty (male‐to‐  female transsexual person)  Either  
 
May compete in her affirmed gender in female or mixed‐sex  domestic competition by providing evidence that her  hormone therapy has brought her blood‐measured  testosterone levels within the range of her affirmed gender  or that she has had a gonadectomy.  
 
Or   She may compete in any male or mixed‐sex competition if  she has not started hormone treatment  
Transsexual girl – under 16 and  post‐puberty  Either  
 
She may compete in her affirmed gender in any female or  mixed‐sex domestic competition subject to an individual  case‐by‐case review, if required, undertaken by the NGB 
 
Or 
 
She may compete in any male or mixed‐sex competition if she has not started hormone treatment or had a gonadectomy 
Transsexual girl – pre‐puberty  May compete in her affirmed gender in any female or mixed‐sex domestic competition subject to confirmation of her stage of pubertal development 


 
CTT’s procedure to determine eligibility for transsexual people to take part in domestic athletics competitions

The following sets out the procedures that supplement the requirements set out above in order to determine the eligibility of transsexual people to take part in domestic competitions:  

General provisions  

All documentation revealing information about a person’s past or present gender reassignment status will be managed in accordance with CTT’s policies with regards to the management of sensitive personal data and confidential information and in line with the Data Protection Act 1998 and, where relevant, the Gender Recognition Act 2004.  In particular, CTT undertakes that:  
 

  • Anyone at CTT involved in assessing and reviewing such information will understand the confidentiality obligations that are associated with handling such a matter; and
  • It will, to the fullest extent possible, undertake all communications with the individual concerned and will only share information with the club of which the athlete is a member of a ‘needs-led’ basis allowing them to manage athlete registration and establish the athlete's right to compete.  

 
In order to determine compliance with this policy, CTT’s National Secretary (Legal & Corporate) and a medical representative appointed by CTT will consider the evidence on a case-by case basis.

For all transsexual males  

Provided that the athlete can demonstrate to CTT that he is recognised under English law as someone undergoing or who has undergone gender reassignment, no further evidence will be required in order for him to compete in any male or mixed sex competition beyond what would be required for any other male athlete.  

For all transsexual females  

All enquiries must be passed to CTT’s National Secretary (Legal & Corporate).  
 
A transsexual woman or girl shall not be entitled to compete in female, domestic competitions in her affirmed gender until such time as she has provided evidence that the requirements set out above have been met to CTT’s satisfaction.  Notification by a transsexual female athlete to CTT of an enquiry under these procedures shall include providing CTT with details of the following information at a minimum although CTT shall be entitled to request further information in its absolute discretion:  
 
i. evidence of acquired sex under applicable law (e.g. sex recognition certificate or other form of legal recognition of acquired sex);  
 
ii. details of any sex reassignment procedure;  
 
iii. details of any post reassignment treatment (name of treatment, dosage and periodicity); and  
 
iv. details of any post-reassignment monitoring of treatment.  
 
v. In addition to the above, the following additional specific procedures shall apply for transsexual females:  

For transsexual women aged 16 years or above  

The transsexual woman (and her legal guardian if under 18) will be asked to permit their GP and/or consultant to disclose sufficient information to CTT (including such other information, records or other material as CTT may require from time to time) to allow it to ascertain that hormone therapy has been administered in a verifiable manner and that this has minimised any gender-related advantages in CTT’s competitions.  This will need to demonstrate that the hormone treatment has reduced her blood-measured testosterone levels within the range of her affirmed gender.  Hormonerelated treatment must also be notified to and verified by CTT annually to ensure its validity.  

For transsexual girls (under 16 and post puberty)  

The transsexual girl and her legal guardian will be asked to permit CTT to undertake an individual case-by-case review.  This will involve a review meeting with the transsexual girl, her advocate (e.g. parent, social worker, or a representative from a LGBT young people’s group such as Gendered Intelligence) and a representative from CTT.  Their role will be collectively to agree a way forward for the young person based on her individual circumstances and to manage everybody’s expectations and with due consideration for fairness.                                                  

For transsexual girls pre-puberty  

The transsexual girl and her legal guardian will be asked to permit their GP and/or consultant to disclose sufficient information to CTT (including such other information, records or other material as CTT may require from time to time) to allow it to ascertain the girl’s stage of pubertal development. This is subject to an annual review.                                                                                                                               

National Secretary (Legal & Corporate) contact details  

Nick Sharpe Wash Farm, Wash, Chapel-en-le-Frith, High Peak, SK23 0QW Email: nicksharpe@cyclingtimetrials.org.uk