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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 378
August 11, 2023 - Introduced by Representatives DITTRICH, RETTINGER, CALLAHAN,
MAGNAFICI, BINSFELD, O'CONNOR, GUNDRUM, GUSTAFSON, MAXEY, BODDEN,
PENTERMAN, ARMSTRONG, BRANDTJEN, TUSLER, S. JOHNSON, SAPIK, MACCO,
ROZAR, GREEN, SCHMIDT, ALLEN, BEHNKE, DUCHOW, HURD, TITTL, NEDWESKI,
SCHRAA, WICHGERS, EDMING, SORTWELL, DONOVAN and MURPHY, cosponsored by
Senators KNODL, QUINN, MARKLEIN, HUTTON and TOMCZYK. Referred to
Committee on Colleges and Universities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 36.12 (1) and 38.23 (1); and to create 36.25 (58) and 38.12 (15)
of the statutes; relating to: designating University of Wisconsin and technical
college sports and athletic teams based on the sex of the participants.
Analysis by the Legislative Reference Bureau
This bill requires each University of Wisconsin institution and technical college
that operates or sponsors an intercollegiate, intramural, or club athletic team or
sport to designate the athletic team or sport as falling into one of three categories
based on the sex of the participating students. The three categories are 1)
participants who are males or men; 2) participants who are females or women; and
3) coed or participants of both sexes. The bill defines “sex” as the sex determined by
a physician at birth and reflected on the birth certificate. The bill also requires a UW
institution or technical college to prohibit a male student from participating on an
athletic team or in a sport designated for females or women. Finally, the bill requires
the UW institution or technical college to notify students if the institution or
technical college intends to change a designation for an athletic team or sport.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 36.12 (1) of the statutes is amended to read:
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SECTION 1 ASSEMBLY BILL 378
36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
admission to, participation in or the benefits of, or be discriminated against in any
service, program, course or facility of the system or its institutions because of the
student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
sexual orientation, pregnancy, marital status or parental status.
SECTION 2. 36.25 (58) of the statutes is created to read:
36.25 (58) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
OR COED. (a) In this subsection, “sex” means the sex determined by a physician at
birth and reflected on the birth certificate.
(b) An institution that operates or sponsors an intercollegiate, intramural, or
club athletic team or sport shall do all of the following:
1. Expressly designate the athletic team or sport as one of the following based
on the sex of the participating students:
a. Males or men.
b. Females or women.
c. Coed or mixed-sex.
2. Prohibit students of the male sex from participating on an athletic team or
in a sport that is designated for females or women under subd. 1.
3. If the institution intends to change the designation of an athletic team or
sport under subd. 1., provide written notification of the change to students who are
eligible under both the previous and current designation to participate in the sport
or on the athletic team.
(c) 1. A student of the female sex who is deprived of the opportunity to
participate in a sport or on an athletic team or who suffers any direct or indirect harm
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as the result of a violation of par. (b) 2. may bring a cause of action against the
institution for injunctive relief, damages, and any other relief available under law.
2. A student of the female sex who is subject to retaliation or other adverse
action by an institution or athletic association or organization, as a result of
reporting a violation of par. (b) 2. to an employee or representative of the institution
or athletic association or organization or to any state or federal agency with oversight
over the institution, may bring a cause of action against the institution or athletic
association or organization for injunctive relief, damages, and any other relief
available under law.
3. An institution that suffers any direct or indirect harm by a licensing or
accrediting organization or an athletic association or organization as a result of
compliance with par. (b) 2. may bring a cause of action against the licensing or
accrediting organization or the athletic association or organization for injunctive
relief, damages, and any other relief available under law.
SECTION 3. 38.12 (15) of the statutes is created to read:
38.12 (15) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
OR COED. (a) In this subsection, “sex” means the sex determined by a physician at
birth and reflected on the birth certificate.
(b) A district board that operates or sponsors an intercollegiate, intramural, or
club athletic team or sport shall do all of the following:
1. Expressly designate the athletic team or sport as one of the following based
on the sex of the participating students:
a. Males or men.
b. Females or women.
c. Coed or mixed-sex.
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SECTION 3 ASSEMBLY BILL 378
2. Prohibit students of the male sex from participating on an athletic team or
in a sport that is designated for females or women under subd. 1.
3. If the district board intends to change the designation of an athletic team or
sport under subd. 1., provide written notification of the change to students who are
eligible under both the previous and current designation to participate in the sport
or on the athletic team.
(c) 1. A student of the female sex who is deprived of the opportunity to
participate in a sport or on an athletic team or who suffers any direct or indirect harm
as the result of a violation of par. (b) 2. may bring a cause of action against the district
board for injunctive relief, damages, and any other relief available under law.
2. A student of the female sex who is subject to retaliation or other adverse
action by a district board or athletic association or organization, as a result of
reporting a violation of par. (b) 2. to an employee or representative of the district
board or athletic association or organization or to any state or federal agency with
oversight over the district board, may bring a cause of action against the district
board or athletic association or organization for injunctive relief, damages, and any
other relief available under law.
3. A district board that suffers any direct or indirect harm by a governmental
entity, licensing or accrediting organization, or athletic association or organization
as a result of compliance with par. (b) 2. may bring a cause of action against the
governmental entity, licensing or accrediting organization, or athletic association or
organization for injunctive relief, damages, and any other relief available under law.
SECTION 4. 38.23 (1) of the statutes is amended to read:
38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
admission to, participation in or the benefits of, or be discriminated against in any
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SECTION 4
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service, program, course or facility of the board or any district because of the
student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
sexual orientation, pregnancy, marital status or parental status.
SECTION 5.0Initial applicability.
(1) This act first applies in the first semester or session beginning after the
effective date of this subsection.
(END)
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