The Scottish Football Association

Transgender and Transsexual

Hampden turf

THE SCOTTISH FA
POLICY on TRANSSEXUAL PEOPLE PLAYING in DOMESTIC COMPETITIVE FOOTBALL


1 - INTRODUCTION
1.1  Football is a gender affected sport in which the physical strength, stamina and/or physique of an average person of one sex puts them at an advantage or a disadvantage to an average person of the other gender as competitors in a football match. Accordingly, the Scottish Football Association (“the Scottish FA”) has produced this policy to manage enquiries from, or about, transsexual people who wish to be registered for the purpose of participation in domestic association football in their affirmed gender.
1.2  This policy only applies to domestic football competitions as players seeking to represent Scotland in international football would be governed by FIFA regulations.


2 - PRINCIPLES
2.1  The Scottish FA is committed to the principles of equality in sport. It aims to ensure that all people within football, irrespective of their age, gender reassignment, disability, marriage or civil partnership, pregnancy, maternity or breastfeeding status, race (including ethnic origin, nationality and colour), religion or belief, sex, social status or sexual orientation, have a genuine and equal opportunity to participate in football at all levels and in all roles.
2.2  The Scottish FA will ensure that there will be open access to all those who wish to participate in any aspect of football activities and that they are treated fairly, equally and with respect.
2.3  Under current UK legislation, football, as a gender-affected sport, may be regulated by the Scottish FA in respect of the participation of a transsexual person; The Scottish FA is also responsible for regulating the participation of persons as competitors in association football matches to ensure fair competition and having due regard for the safety of all competitors.
2.4  The Scottish FA wishes to try, as far as is possible, to permit transsexual people to compete in their affirmed gender while balancing this with its role in providing fair play and competition and protecting the integrity of women’s and men’s competitions.
2.5  In addition to those wishing to compete, it also has a responsibility to protect those who may be staff or spectators, and who may be transsexual people, or perceived to be so, or associated with them, such as family members. However this particular document focusses only on players, or would-be players, in domestic football competitions.


UNDERSTANDING THE TERMS WE USE
3.1 This policy uses a number of terms associated with transsexual people and football. We recognise that there are considerable differences in those that are used, and we have adopted the following terms.
Transgender person
The term transgender person or trans person are umbrella terms to cover a number of specific terms such as transsexual men, transsexual women, intersex people, androgyne and polygender people, cross-dressing and transvestite people.
Gender reassignment
Gender reassignment is one of a number of protected characteristics defined in the Equality Act 2010 and is the process of transitioning from one sex to another. This legislation prohibits discrimination against a person who is proposing to undergo, is undergoing or has undergone a process, or part of a process, for the purpose of reassigning their sex.
Transsexual person
This term refers to someone with the protected characteristic of gender reassignment. We use the term transsexual man to describe a female-to-male transsexual person and transsexual woman to describe a male-to-female transsexual person. This is not the same as a cross-dresser, or transvestite people, nor is it the same as sexual orientation.
3.2  The reassignment of a person’s gender may include undergoing medical gender reassignment treatments. However, it is not necessary for somebody to have undergone medical treatment in order to have the characteristic of gender reassignment. A transsexual person may be proposing to undergo, be in the process of undergoing or have completed a reassignment of their sex. Gender reassignment is a personal process (that is, moving away from one’s birth sex to the preferred gender), rather than a medical process.
3.3  We use the term ‘affirmed’ or ‘acquired gender’ to describe the sex that the person has transitioned/is transitioning to as opposed to that which was assigned at birth.


4 - POLICY TERMS
4.1  This policy is effective from 6th August 2015. This policy supersedes the Scottish FA’s previous policy dated 12th August 2008. 

4.2  In line with Article 20.2 of the Articles of Association, “Matches involving male and female players may be played, provided that all of the participating players are not older than 15 years of age on the 1st January of the calendar year in which the season commenced.” 

4.3  The Scottish FA has adopted the following policy with regards to eligibility for the purpose of participation by male or female transsexual people in domestic competitive football: 

- All enquiries will be passed to the Company Secretary who will notify the Registrations Department and a specialist medical group appointed by the Scottish FA. All enquiries and any supporting evidence provided will be handled sensitively and confidentially and anyone involved will understand the confidentiality obligations that are associated with handling such a matter and in line with the Data Protection Act 1998 and, where relevant, the Gender Recognition Act 2004.
4.3.2 Pursuant to Article 20.1 of the Articles of Association of the Scottish FA, individuals undergoing gender reassignment may be eligible for participation in association football in their affirmed gender PROVIDED THAT such individuals have satisfied the requirements of this policy. The individual will be asked to permit their GP and/or Consultant to disclose sufficient information to the Scottish FA (including such other information, records or other material as the Scottish FA may require from time to time) to allow it to determine that the following conditions have been met:
Affirmed gender     Domestic competition run under the auspices of THE Scottish FA and in accordance with its regulations and policies


Transsexual male – over 16 (female-to-male transsexual person) May compete in his affirmed gender in male domestic competition if his blood-measured testosterone level is within the range of his affirmed gender and this is confirmed annually by a suitably qualified medical representative appointed by the Scottish FA
Or
If he has not started hormone treatment he can play in any female domestic competition


Transsexual male – under 16 and post- puberty  

May compete in any male or mixed-sex domestic competition subject to age eligibility and subject to an individual case-by-case review undertaken by the Scottish FA


Or
If he has not started hormone treatment he can play in any female domestic competition


Transsexual male – pre-puberty

May compete in any male domestic or mixed-sex competition subject to age eligibility and subject to confirmation of his stage of pubertal development


Transsexual woman – over 16 and post- puberty (male-to-female transsexual person)

May compete in female or mixed-sex domestic competition by providing evidence that her hormone therapy has brought her blood-measured testosterone levels within the range of her affirmed gender
Or
If she has not started hormone treatment she can play in any male domestic competition


Transsexual girl – under 16 and post- puberty

May compete in any female domestic or mixed-sex competition subject to age eligibility and subject to an individual case-by-case review undertaken by the Scottish FA


Or
If she has not started hormone treatment she can play in any male domestic competition


Transsexual girl – pre-puberty

May compete in any female or mixed-sex domestic competition subject to age eligibility and subject to confirmation of her stage of pubertal development.
Football

4.4  In order to ensure compliance with Article 20.1 and this policy a specialist medical group appointed by the Scottish FA will consider the evidence provided by the individual in relation to the above criteria on a case-by case basis.


4.5  A person shall not be entitled to play football matches in their acquired gender until such time as they have provided evidence that the criteria set out above have been met to the Scottish FA’s satisfaction.

For further information and guidance please contact:

The Head of Legal Department
The Scottish FA
Hampden Park
GLASGOW G42 9AY

Telephone:
+44 (0)141 616 6045

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