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EXCLUSIVE: Riley Gaines’ lawsuit against the NCAA will proceed after a federal judge partially denied the defendant’s motions to dismiss on Thursday. Her lawyer revealed a key condition it would take to achieve a settlement.
The attorney for Gaines and 19 other plaintiffs involved, Bill Bock of the Independent Council on Women’s Sports (ICONS), told Fox News Digital he believes his side can achieve everything it set out hoping to do when first filing back in early 2024. But he also isn’t ruling out the possibility of agreeing to a settlement with the NCAA, but said such an agreement in this case would be “difficult.”
Federal judge Tiffany Johnson ruled on Thursday that Bock’s clients plausibly alleged the NCAA receives federal financial assistance, and is thus, subject to Title IX.
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The NCAA changed its gender eligibility policy in February to state that only biologically female athletes be permitted to compete in the women’s category, one day after President Donald Trump signed the “Keeping Men Out of Women’s Sports” executive order.
Bock worries about the NCAA changing its policy back in the event of a change in federal policy.
“The difficulty with a settlement is making a settlement enforceable long term, so the best way to do that would be with a judicial order,” Bock said. “The only way that I think we would look at settling is if the settlement was accompanied by a consent decree, which is an enforceable ongoing order against the NCAA that complies with Title IX.
“They violated women’s rights for more than 15 years, so they’ve indicated a strong willingness not to… so we need very strong ironclad assurances that they will protect women at school.”
Bock did not indicate that a consent decree would be the only condition needed for a settlement.
Another key objective that ICONS is seeking to accomplish with their lawsuit is the implementation of mandatory sex tests for women’s athletes, according to Bock. Gaines and other women’s sports activists have argued that the NCAA’s new policy doesn’t do “enough” to keep males out of women’s college sports, without sex testing.
Since the NCAA instituted its current policy, there have been recorded instances of trans athletes competing in women’s events.
Trans track and field athlete Evelyn Parts has sued Swathmore College, alleging the school removed the athlete from the team after the policy was changed, before being “fully reinstated” and allowed to compete in women’s competition while the rule change and executive order were in place.
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Parts is listed as the winner of the women’s 10,000 meters at the Bill Butler Invitational in April and as a participant in the Paul Donahue Invite that same month and the Centennial Championships in early May, according to the athlete’s Swarthmore Athletics page.
Meanwhile, Ithaca College in New York admitted to allowing a trans athlete to compete in a Division III rowing competition in March. The trans athlete competed in the Cayuga Duals, but only in the third varsity eight event, which is not factored into NCAA championship qualification.
The NCAA provided a statement to Fox News Digital addressing Ithaca’s breach of policy, saying “Ithaca stated their intent to adhere to the policy, which allows for practice opportunities, and the NCAA appreciates Ithaca’s responsiveness.”
Now, Gaines, Bock and the other 19 plaintiffs are seeking to prevent more instances like that from happening, and believe the recent ruling can help them achieve that.
Johnson dismissed other charges in the lawsuit, including the allegation that the NCAA is a state actor, allegations of a violation of a right to bodily privacy, and all charges against the University of Georgia System and Georgia Tech, which hosted the 2022 swimming championships where Gaines and other women’s swimmers had to compete against UPenn trans athlete Lia Thomas. Bock said they plan to appeal this.
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But with the case proceeding on the Title IX claims, Bock believes his side can still accomplish all of its main goals, including the judicial order and mandatory sex testing.
Other plaintiffs in the lawsuit include former San Jose State volleyball captain Brooke Slusser, citing her experience with former trans teammate Blaire Fleming, and former Rochester Institute of Technology women’s track and field athlete Caroline Hill, citing her experience with former trans athlete Sadie Schreiner.
“We can achieve, effectively, all of what we’ve been seeking, which is A. determination that the NCAA policy violates Title IX, that they violated the rights of the women who competed in the NCAA championships in 2022, and their current policy is in violation of Title IX,” Bock said.
Fox News Digital has reached out to the NCAA for a response to Bock’s statements, but has not received a response.
The NCAA provided a previous response addressing Johnson’s decision.
“College sports remain the premier stage for women’s sports in America, and the Association and its members will continue to promote Title IX, make unprecedented investments in women’s sports and ensure fair competition in NCAA championships. The NCAA’s transgender participation policy aligns with the Trump administration’s order,” the statement read.
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