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Arkansas Code Title 6. Education § 6-1-107. Fairness in Women's Sports Act

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) This section shall be known and may be cited as the “Fairness in Women's Sports Act”.

(b)(1) As used in this section, “school” means:

(A) A public elementary or secondary school;

(B) An open-enrollment public charter school; and

(C) A public two-year or four-year institution of higher education.

(2) “School” includes a private educational institution whose interscholastic, intercollegiate, intramural, or club athletic teams or sports compete against a public school.

(c) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a school shall be expressly designated as one (1) of the following based on biological sex:

(1) “Male”, “men's”, or “boys”;

(2)(A) “Female”, “women's”, or “girls”.

(B) An interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for females, women, or girls shall not be open to students of the male sex; or

(3) “Coed” or “mixed”.

(d) A state government entity, licensing or accrediting organization, or athletic association or organization shall not undertake any of the following with respect to a school that maintains separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex:

(1) Accept a complaint concerning gender bias;

(2) Open an investigation; or

(3) Take any other adverse action against the school.

(e) A student who is:

(1) Deprived of an athletic opportunity or suffers a direct or indirect harm as a result of a violation of this section shall have a private cause of action against the school for:

(A) Injunctive relief;

(B) Damages, including without limitation:

(i) Monetary damages for any psychological, emotional, or physical harm; and

(ii) Reasonable attorney's fees and costs; and

(C) Any other relief available under the law; or

(2) Subject to retaliation or other adverse action by a school or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school or athletic association or organization, or to a state or federal agency with oversight of schools, shall have a private cause of action against the school or athletic association or organization for:

(A) Injunctive relief;

(B) Damages, including without limitation:

(i) Monetary damages for any psychological, emotional, or physical harm; and

(ii) Reasonable attorney's fees and costs; and

(C) Any other relief available under law.

(f) A school that suffers a direct or indirect harm as a result of a violation of this section shall have a private cause of action against the state government entity, licensing or accrediting organization, or athletic association or organization for:

(1) Injunctive relief;

(2) Damages, including without limitation:

(A) Monetary damages for any psychological, emotional, or physical harm; and

(B) Reasonable attorney's fees and costs; and

(3) Any other relief available under the law.

(g) A civil action initiated under subsection (e) or subsection (f) of this section shall be commenced within two (2) years after the harm occurred.

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Cite this article: FindLaw.com - Arkansas Code Title 6. Education § 6-1-107. Fairness in Women's Sports Act - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-6-education/ar-code-sect-6-1-107/

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