Existing law governs athletics in schools and in institutions of higher education. (Chapters 385B and 398 of NRS) Section 5 of this bill requires a public school or a private school that competes against a public school to designate, based on biological sex at birth, each athletic team or sport that is sponsored by the school as being for males, for females or for both males and females. Section 5 prohibits such a school from opening an athletic team or sport that is designated for females or males to participation by members of the other sex. Section 6 of this bill provides that a school's compliance with section 5 does not constitute discrimination on the basis of sex or gender identity or expression under any state statute or local ordinance. Section 6 also prohibits certain entities that oversee athletic teams and sports that are sponsored by public schools from taking certain adverse actions against a school for maintaining a separate athletic team or sport for females or males. Sections 10 and 11 of this bill establish similar provisions applicable to public and private institutions of higher education. Sections 3, 4 and 9 of this bill define certain terms, and section 2 of this bill establishes the applicability of the definitions set forth in sections 3 and 4.
Section 7 of this bill authorizes a pupil to bring a civil action against: (1) a school for a violation of sections 2-7; or (2) a school or athletic association or organization for retaliating against the pupil for reporting a violation of sections 2-7 to the school, athletic association or organization or a state or federal agency with oversight of the school. Section 7 additionally authorizes a school to bring a civil action against a governmental entity, licensing or accrediting organization or athletic association or organization for a violation of sections 2-7. Section 7 establishes: (1) the period within which such a civil action must be filed; and (2) the types of relief available in such a civil action. Section 12 of this bill establishes similar provisions applicable to public and private institutions of higher education.