Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: March 14, 2025 Contact: Emily Hicks, Staff Attorney
2025 Assembly Bill 102
Assembly
Amendment 1
2025 ASSEMBLY BILL 102
Assembly Bill 102 requires each University of Wisconsin System (UWS) institution and Wisconsin
Technical College System (WTCS) district board (hereinafter, “institutions of higher education”) to
designate all intercollegiate or club athletic teams or sports for either males or females. The bill also
requires institutions of higher education to prohibit students of the male sex from participating on a
team or in a sport designated for females, and to prohibit students of the male sex from using locker
rooms designated for females.
Assembly Bill 102 also provides a cause of action for a female student against an institution of higher
education for harm resulting from a violation of the athletics participation provisions of the bill, as well
as a cause of action against an institution of higher education or athletic association or organization for
retaliation or other adverse action resulting from reporting a violation. The bill also creates a cause of
action for an institution of higher education against a licensing or accrediting organization or an athletic
association or organization for harm resulting from the institution of higher education’s compliance
with the athletics participation provisions of the bill.
The bill defines “sex” to mean the sex determined at birth by a physician and reflected on the birth
certificate.
ASSEMBLY AMENDMENT 1
Assembly Amendment 1 creates a definition of “biological sex,” allows institutions of higher education
to designate teams or sports as coed, and makes changes relating to prohibited use of locker rooms
based on sex.
First, the amendment deletes the definition of “sex” in Assembly Bill 102 and replaces it with a
definition of “biological sex.” The amendment defines biological sex to mean the physical condition of
being male or female at birth, as stated on an individual’s original birth certificate.
Second, the amendment permits an institution of higher education to designate an intercollegiate or
club team or sport as: (1) for males; (2) for females; or (3) coed. The original bill did not permit a school
to designate a sport or team as coed.
Finally, the amendment deletes the original provision relating to locker rooms, and instead, creates a
separate statute specific to the use of locker rooms. The amendment defines “locker room” to mean an
area in a campus or school building designated for students to change clothes or be in various stages of
undress and to be used by more than one individual student at a time, and includes a shower room.
The amendment requires the Board of Regents and each WTCS district board (hereinafter, “governing
bodies”) to designate each locker room located in a campus or school building for exclusive use by
individuals of one biological sex, but creates limited exceptions. - 2 -
Pursuant to a policy, a governing body may temporarily re-designate a locker room for use by the
opposite biological sex for special events. A governing body may also allow individuals of the opposite
biological sex to enter a locker room under the following circumstances: (1) for custodial purposes; (2)
for maintenance or inspection purposes; (3) to provide medical assistance; (4) the individual is a
member of the faculty, academic staff, or university staff or a police officer or emergency services
personnel performing duties related to their employment; (5) the individual is a child being assisted by
a family member or guardian; (6) to provide assistance to an individual with a disability; (7) the locker
room is temporarily designated for exclusive use by the individual’s biological sex; or (8) during a
natural disaster, emergency, serious threat to student safety, or during a drill related to student safety.
A student may submit a written request for accommodations relating to locker room use, which the
governing body must provide. The accommodations may include use of a single-occupancy locker room
or the regulated use of a staff locker room.
BILL HISTORY
Assembly Amendment 1 was introduced by Representative Dittrich on March 11, 2025. On March 13,
2025, the Assembly Committee on Colleges and Universities voted to adopt the amendment and
recommend passage of the bill, as amended, on votes of Ayes 7; Noes 4.
For a full history of the bill, visit the Legislature’s bill history page.
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