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The Riley Gaines vs. NCAA lawsuit took a big step forward Thursday.
U.S. district judge Tiffany Johnson partially denied the NCAA’s motion to dismiss, as the lawsuit will now proceed.
Gaines and the lawsuit’s plaintiffs, comprised of current and former female college athletes impacted by transgender inclusion, seek to hold the NCAA accountable for its previous policy that allowed biological male trans athletes to compete in the women’s category.
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Gaines and other former NCAA women’s swimmers cite their experience competing against and sharing a locker room with former UPenn transgender swimmer Lia Thomas.
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.
Johnson ruled that the plaintiffs have plausibly alleged the NCAA receives federal financial assistance, and thus, is subject to requirements of Title IX.
However, Johnson also ruled that plaintiffs have not plausibly alleged the NCAA is a state actor and have not plausibly alleged a violation of a right to bodily privacy.
CLICK HERE TO WATCH RILEY GAINES’ FULL TRIBUTE TO CHARLIE KIRK
The lawsuit was filed in March of last year, two years after Gaines infamously tied with Thomas at the NCAA women’s swimming championships. Multiple female swimmers were forced to share the women’s locker room with Thomas that year.
The suit also names the University of Georgia System and Georgia Tech (which hosted the 2022 swimming championships) as defendants. Johnson granted the university’s motion to dismiss.
Gaines attorney, Bill Bock of the Independent Council on Women’s Sports (ICONS), praised Johnson’s decision to let the lawsuit proceed against the NCAA.
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“We agree with the aspects of Judge Johnson’s order that permit this important lawsuit to proceed against the NCAA. The NCAA has for years erroneously claimed it cannot be held accountable under Title IX, even though the NCAA controls significant aspects of college athletics for colleges and universities which receive federal funding,” Bock said.
“Judge Johnson’s ruling is a significant step forward for Plaintiffs in this lawsuit, and we are pleased to be able to move forward with the lawsuit. We will now move on to the discovery phase and look forward to proving that the NCAA is fully accountable under Title IX.”
Fox News Digital has reached out to the NCAA for comment.
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