Keeping Men Out of Women’s Sports

February 5, 2025

Presidential Actions

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Action Summary

Policy & Purpose: Prohibits male participation in women’s sports to protect female athletes’ opportunities, safety, and dignity, emphasizing the need for equal participation under Title IX.
Federal Funding & Enforcement: Mandates rescinding federal funds from educational programs that deny women fair athletic opportunities; directs the Secretary of Education (in coordination with the Attorney General) to enforce Title IX by reversing previous nondiscrimination regulations and pursuing litigation where necessary.
Definitions: Applies definitions from Executive Order 14168 to clarify terms related to gender and sex in the context of sports participation.
Domestic Policy Actions: Instructs the Assistant to the President for Domestic Policy to convene representatives of athletic organizations, female athletes, and State Attorneys General to establish fair, safe policies and best practices that align with Title IX.
International & Immigration Measures: Directs the Secretary of State to rescind support for identity-based sports exchanges, promote international rules that protect sex-based competition in women’s sports (including efforts with the International Olympic Committee), and work with the Secretary of Homeland Security to review entry policies preventing males from competing in women’s sports.
General Provisions: Clarifies that the order will not impair existing executive authorities, will be implemented in accordance with the law and available appropriations, and that any invalid provisions will not affect the remainder of the order.

Risks & Considerations

The Executive Order mandates strict adherence to Title IX, emphasizing the exclusion of male athletes from female sports categories. This could lead to increased scrutiny and potential funding cuts for institutions not in compliance, impacting Vanderbilt’s athletic programs and funding.
There is a risk of legal challenges and public controversy surrounding the enforcement of this order, particularly in relation to gender identity and inclusion policies. This could affect Vanderbilt’s reputation and its policies on diversity and inclusion.
The order may necessitate changes in Vanderbilt’s athletic policies and practices to ensure compliance, potentially requiring additional resources for policy review and implementation.
Vanderbilt may need to engage in dialogue with state and federal agencies to align its policies with the new federal directives, which could involve complex negotiations and adjustments.

Impacted Programs

Vanderbilt Athletics will need to review and potentially revise its policies regarding athlete participation to ensure compliance with the Executive Order and Title IX requirements.
The Office of Equity, Diversity, and Inclusion may need to address concerns and provide guidance on the implications of this order for gender identity and inclusion policies.
Legal and Compliance Departments will play a crucial role in interpreting the order and advising on necessary policy adjustments to mitigate legal risks.
Peabody College of Education and Human Development might see increased demand for research and expertise in gender and sports policy, presenting opportunities for academic contributions and policy development.

Financial Impact

Potential rescission of federal funds for non-compliance could impact Vanderbilt’s budget, necessitating a review of funding sources and financial strategies.
Compliance with the order may require additional financial resources for policy review, legal consultation, and potential restructuring of athletic programs.
There may be opportunities for Vanderbilt to secure funding for research and initiatives that align with the order’s emphasis on protecting women’s sports, particularly through collaborations with federal agencies.

Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)

Key Actions

Vanderbilt Athletics Department should review and ensure compliance with the new federal policies regarding the participation of athletes in women’s sports. This includes aligning with Title IX requirements and ensuring that all athletic programs and facilities are in compliance to avoid potential funding rescissions.
The Office of Federal Relations should monitor developments and guidance from the Department of Education and the Department of Justice regarding enforcement actions related to Title IX. This will help Vanderbilt stay informed about any changes that could impact funding or compliance requirements.
Vanderbilt’s Legal Affairs Office should assess the potential legal implications of the executive order on the university’s policies and practices, particularly in relation to athletic programs and facilities. This includes preparing for any litigation or compliance challenges that may arise.
The Department of Gender and Sexuality Studies should engage in research and dialogue about the implications of the executive order on gender identity and sports. This research can contribute to broader discussions and policy recommendations on gender equity in athletics.

Opportunities

The executive order provides an opportunity for Vanderbilt’s Peabody College to conduct research on the impact of gender policies in sports and education. By contributing to the academic discourse, Peabody can influence policy development and implementation at both the national and international levels.
Vanderbilt can position itself as a leader in promoting fair and safe sports practices by hosting conferences and workshops that bring together stakeholders from various sectors to discuss the implications of the executive order and explore best practices.
The emphasis on international sports norms offers an opportunity for Vanderbilt’s International Programs to engage with global athletic organizations and contribute to shaping international policies that align with the executive order’s objectives.

Relevance Score: 4 (The order necessitates major process changes in compliance and policy alignment for Vanderbilt’s athletic programs.)

Average Relevance Score: 3.8

Timeline for Implementation

60 days from February 5, 2025 – The Assistant to the President for Domestic Policy is directed to convene both representatives of major athletic organizations and State Attorneys General within 60 days as specified in Section 4(a).

Relevance Score: 3

Impacted Government Organizations

Department of Education – Secretary of Education: Tasked with enforcing Title IX by reviewing funding and regulating athletic participation, including rescinding grants to non-compliant educational institutions.
Department of Justice: Responsible for providing resources and support for the enforcement of Title IX and ensuring legal compliance regarding discrimination in sports.
All Executive Departments and Agencies: Directed to review and rescind federal grants where appropriate to enforce the policy, impacting funding decisions across the executive branch.
White House – Assistant to the President for Domestic Policy: Charged with convening representatives from major athletic organizations and State Attorneys General to develop fair and safe sports policies for female athletes.
Department of State – Secretary of State: Required to lead international policy actions by rescinding support for certain sports exchanges and promoting international rules that preserve sex-specific competition.
Bureau of Educational and Cultural Affairs (Sports Diplomacy Division): Acts under the Secretary of State to reshape international sports engagements in accordance with the order’s policy.
Representative of the United States to the United Nations: Involved in promoting international norms for sports competition that mirror the order’s focus on sex-based athletic categories.
Department of Homeland Security – Secretary of Homeland Security: Collaborates on reviewing and adjusting U.S. admission policies for athletes, ensuring alignment with the gender-specific guidelines.
State Attorneys General: Convened to share best practices and enforce state-level compliance with the directive’s mandate for safe and fair women’s sports.

Relevance Score: 3 (A moderate number of Federal agencies and key political appointee offices are impacted by the order.)

Responsible Officials

Secretary of Education – Tasked with coordinating Title IX enforcement actions to protect and affirm all‐female athletic opportunities.
Attorney General – Responsible for coordinating with the Secretary of Education and ensuring that vacated and future regulations comply with the order’s objectives.
Department of Justice – Charged with providing all necessary resources to facilitate the expeditious enforcement of the order’s policies.
Assistant to the President for Domestic Policy – Directed to convene major athletic organizations and State Attorneys General to develop fair, safe policies for female athletes.
Secretary of State – Responsible for rescinding support for certain sports exchange programs, promoting international sporting norms, and addressing policies on athletes’ participation.
Secretary of Homeland Security – Tasked, in conjunction with the Secretary of State, to review and adjust policies affecting male participation in women’s sports.
State Attorneys General – To be convened by the Assistant to the President for Domestic Policy to identify best practices for enforcing equal opportunities in sports.

Relevance Score: 5 (Directives affect White House appointees as well as Cabinet officials and agency heads, ensuring high-level political and administrative impact.)