# Title 15.1 — Elementary and Secondary Education

## Chapter 15.1-39 — Athletic Team Participant Designation

### § 15.1-39-01. Definitions.

As used in this chapter:
1. "School" means a public school or a not-for-profit nonpublic school whose athletic
teams compete against a public school.
2. "Sex" means the biological state of being female or male, based on an individual's
nonambiguous sex organs, chromosomes, or endogenous hormone profile at birth.
3. "Student" means an individual enrolled at a school.
### § 15.1-39-02. Designation of athletic teams.

1. An interscholastic or intramural athletic team or sport sponsored by a school must be
expressly designated as one of the following based on the sex of the intended
participants:
a. "Males", "men", or "boys";
b. "Females", "women", or "girls"; or
c. "Coed" or "mixed".
2. An athletic team or sport designated for "females", "women", or "girls" may not be
open to students of the male sex.
3. This section may not be construed to restrict the eligibility of a student to participate in
interscholastic or intramural athletic teams or sports designated as "males", "men", or
"boys" or designated as "coed" or "mixed".
### § 15.1-39-03. Adverse action against school prohibition.

A government entity, a licensing or accrediting organization, or an athletic association or
organization may not entertain a complaint, open an investigation, or take any other adverse
action against a school for maintaining separate interscholastic or intramural athletic teams or
sports for students of the female sex.
### § 15.1-39-04. Cause of action.

1. A student who is deprived of an athletic opportunity or who suffers direct or indirect
harm as a result of a school knowingly violating this chapter has a private cause of
action for injunctive relief, damages, and any other relief available under law against
the school.
2. A student subject to retaliation or other adverse action by a school or athletic
association or organization as a result of reporting a violation of this chapter to an
employee or representative of the school or athletic association or organization, or to a
state or federal agency with oversight of schools in the state has a private cause of
action for injunctive relief, damages, and any other relief available under law against
the school or athletic association or organization.
3. A school that suffers direct or indirect harm as a result of a violation of this chapter has
a private cause of action for injunctive relief, damages, and any other relief available
under law against the government entity, licensing or accrediting organization, or
athletic association or organization.
4. A civil action must be initiated within two years after the harm occurred. A person that
prevails on a claim brought pursuant to this section is entitled to monetary damages,
including for any psychological, emotional, and physical harm suffered, reasonable
attorney's fees and costs, and any other appropriate relief.
