Judge dismisses Riley Gaines’ Title IX lawsuit against NCAA’s trans inclusive policies
Riley Gaines Title IX Lawsuit (Getty Images)
A federal judge has dismissed Riley Gaines’ Title IX lawsuit against the NCAA after finding no evidence the organisation received the federal funding required for the law to apply.
The case was thrown out on 28 September after US District Judge Tiffany R. Johnson concluded the evidence did not establish the National Collegiate Athletic Association (NCAA) as a recipient of federal financial assistance, a threshold requirement for Title IX claims.
In her written ruling, Johnson said: “There is no evidence that the NCAA ever received, or could have received, federal funds. Thus, Plaintiffs’ Title IX claims cannot proceed.”
Gaines responded in an X post announcing an appeal, writing: “Of course, we will appeal,” and adding: “The goal from the beginning was to get this case before the Supreme Court.”
Why the judge said Title IX didn’t apply to the NCAA
The lawsuit was filed in March 2024 by Gaines and a group of current and former female collegiate athletes. It challenged the NCAA’s trans-inclusive policies, arguing they violated the athletes’ rights under Title IX.
Gaines’ legal team argued the NCAA received federal funds through a collaboration connected to concussion research via the Concussion Assessment, Research and Education (CARE) Consortium. Johnson found that an affiliation was not the same as being a direct recipient of federal money.
As set out in the judge’s order, Department of Defense funding went to the university and other research participants rather than to the NCAA. Johnson also granted the NCAA’s motion for summary judgment on the lawsuit’s other Title IX claims, closing the case at that court level.
What happens next in Riley Gaines’ NCAA lawsuit appeal?
To continue the lawsuit, Gaines’ side must file a notice of appeal to the US Court of Appeals for the 11th Circuit within 30 days.
Gaines, a former University of Kentucky swimmer, became a prominent conservative media figure after the 2022 NCAA championships and has campaigned for restrictions on trans women and girls participating in women’s sport, appearing frequently in right-leaning media and at political events.
The lawsuit repeatedly referenced the 2022 NCAA Division I Women’s Swimming and Diving Championships at Georgia Tech, where Gaines tied for fifth place with trans swimmer Lia Thomas in the 200-yard freestyle final. Thomas also became the first openly transgender athlete to win an NCAA Division I championship, taking gold in the 500-yard freestyle.
