USA Swimming issues a new policy for transgender athletes in elite competition

USA Swimming on Tuesday issued a new policy that establishes eligibility criteria for transgender athletes in elite events.

To determine a transgender swimmer's eligibility at the elite level, a three-person panel of independent medical experts will determine whether the swimmer's prior physical development as a man gives the athlete a competitive advantage over her cisgender female competitors. The swimmer also must show that the concentration of testosterone in her blood has been less than 5 nanomoles per liter continuously for a period of at least 36 months.

The policy will apply to transgender athletes who wish to set records in the 13-14 age group and older, or those who wish to set American records. Transgender swimmers at the nonelite level can change their competition category to compete "in a manner that is consistent with their gender identity and expression," USA Swimming announced.

"The development of the elite policy acknowledges a competitive difference in the male and female categories and the disadvantages this presents in elite head-to-head competition," USA Swimming said in a statement. "This is supported by statistical data that shows that the top-ranked female in 2021, on average, would be ranked 536th across all short course yards (25 yards) male events in the country and 326th across all long course meters (50 meters) male events in the country, among USA Swimming members. The policy therefore supports the need for competitive equity at the most elite levels of competition."

The debate over transgender athletes’ right to compete, particularly in college sports, has gained urgency with the emergence of Penn swimmer Lia Thomas, who competed for the men’s team for three seasons. After undergoing more than two years of hormone replacement therapy as part of her transition, she has posted the fastest times of any female college swimmer in two events this season.

Last month, the NCAA established a new, sport-by-sport policy in which transgender athletes' participation will be determined by the policy set by each sport's governing body. The College Swimming & Diving Coaches Association criticized that new policy, faulting it as "not a solution" and a "missed opportunity" to address a complex issue and saying national college sports officials are "abdicating the leadership they are uniquely qualified to provide."

If a sport's national governing body has no policy, the relevant international federation's policy will be followed as NCAA protocol. In the absence of an international federation policy, the NCAA will follow the established policy of the International Olympic Committee for that sport.

FINA, world swimming's governing body, still is developing its own transgender policy. USA Swimming said in a letter to its members that it was spurred to release its new policy because of "a reevaluation of FINA's expected policy timeline" and because of the NCAA's announcement last month that put the onus on national governing bodies.

The USA Swimming elite policy is effective immediately and will remain in place until it is superseded by a FINA policy.