LRB-2523/1
ARG:cdc
2021 - 2022 LEGISLATURE
April 22, 2021 - Introduced by Senators Bernier, Jacque and Nass, cosponsored
by Representatives Dittrich, Brandtjen, Cabral-Guevara, Rozar, Tittl,
Gundrum, Sortwell, Tusler, Plumer, Skowronski, James, Allen,
Kuglitsch, Moses, Ramthun and Sanfelippo. Referred to Committee on
Human Services, Children and Families.
SB323,1,3 1An Act to amend 36.12 (1) and 38.23 (1); and to create 36.25 (58) and 38.12 (15)
2of the statutes; relating to: designating University of Wisconsin and technical
3college sports and athletic teams based on the sex of the participants.
Analysis by the Legislative Reference Bureau
This bill requires each University of Wisconsin institution and technical college
that operates or sponsors an intercollegiate, intramural, or club athletic team or
sport to designate the athletic team or sport as falling into one of three categories
based on the sex of the participating students. The three categories are 1)
participants who are males or men; 2) participants who are females or women; and
3) coed or participants of both sexes. The bill defines “sex” as the sex determined by
a physician at birth and reflected on the birth certificate. The bill also requires a UW
institution or technical college to prohibit a male student from participating on an
athletic team or in a sport designated for females or women. Finally, the bill requires
the UW institution or technical college to notify students if the institution or
technical college intends to change a designation for an athletic team or sport.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB323,1 4Section 1. 36.12 (1) of the statutes is amended to read:
SB323,2,5
136.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
2admission to, participation in or the benefits of, or be discriminated against in any
3service, program, course or facility of the system or its institutions because of the
4student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
5sexual orientation, pregnancy, marital status or parental status.
SB323,2 6Section 2. 36.25 (58) of the statutes is created to read:
SB323,2,97 36.25 (58) Intercollegiate or intramural sports; designation as single sex
8or coed.
(a) In this subsection, “sex” means the sex determined by a physician at
9birth and reflected on the birth certificate.
SB323,2,1110 (b) An institution that operates or sponsors an intercollegiate, intramural, or
11club athletic team or sport shall do all of the following:
SB323,2,1312 1. Expressly designate the athletic team or sport as one of the following based
13on the sex of the participating students:
SB323,2,1414 a. Males or men.
SB323,2,1515 b. Females or women.
SB323,2,1616 c. Coed or mixed-sex.
SB323,2,1817 2. Prohibit students of the male sex from participating on an athletic team or
18in a sport that is designated for females or women under subd. 1.
SB323,2,2219 3. If the institution intends to change the designation of an athletic team or
20sport under subd. 1., provide written notification of the change to students who are
21eligible under both the previous and current designation to participate in the sport
22or on the athletic team.
SB323,3,223 (c) 1. A student who is deprived of the opportunity to participate in a sport or
24on an athletic team or who suffers any direct or indirect harm as the result of a

1violation of par. (b) may bring a cause of action against the institution for injunctive
2relief, damages, and any other relief available under law.
SB323,3,83 2. A student who is subject to retaliation or other adverse action by an
4institution or athletic association or organization, as a result of reporting a violation
5of par. (b) to an employee or representative of the institution or athletic association
6or organization or to any state or federal agency with oversight over the institution,
7may bring a cause of action against the institution or athletic association or
8organization for injunctive relief, damages, and any other relief available under law.
SB323,3,139 3. An institution that suffers any direct or indirect harm by a licensing or
10accrediting organization or an athletic association or organization as a result of
11compliance with par. (b) may bring a cause of action against the licensing or
12accrediting organization or the athletic association or organization for injunctive
13relief, damages, and any other relief available under law.
SB323,3 14Section 3. 38.12 (15) of the statutes is created to read:
SB323,3,1715 38.12 (15) Intercollegiate or intramural sports; designation as single sex
16or coed.
(a) In this subsection, “sex” means the sex determined by a physician at
17birth and reflected on the birth certificate.
SB323,3,1918 (b) A district board that operates or sponsors an intercollegiate, intramural, or
19club athletic team or sport shall do all of the following:
SB323,3,2120 1. Expressly designate the athletic team or sport as one of the following based
21on the sex of the participating students:
SB323,3,2222 a. Males or men.
SB323,3,2323 b. Females or women.
SB323,3,2424 c. Coed or mixed-sex.
SB323,4,2
12. Prohibit students of the male sex from participating on an athletic team or
2in a sport that is designated for females or women under subd. 1.
SB323,4,63 3. If the district board intends to change the designation of an athletic team or
4sport under subd. 1., provide written notification of the change to students who are
5eligible under both the previous and current designation to participate in the sport
6or on the athletic team.
SB323,4,107 (c) 1. A student who is deprived of the opportunity to participate in a sport or
8on an athletic team or who suffers any direct or indirect harm as the result of a
9violation of par. (b) may bring a cause of action against the district board for
10injunctive relief, damages, and any other relief available under law.
SB323,4,1711 2. A student who is subject to retaliation or other adverse action by a district
12board or athletic association or organization, as a result of reporting a violation of
13par. (b) to an employee or representative of the district board or athletic association
14or organization or to any state or federal agency with oversight over the district
15board, may bring a cause of action against the district board or athletic association
16or organization for injunctive relief, damages, and any other relief available under
17law.
SB323,4,2218 3. A district board that suffers any direct or indirect harm by a governmental
19entity, licensing or accrediting organization, or athletic association or organization
20as a result of compliance with par. (b) may bring a cause of action against the
21governmental entity, licensing or accrediting organization, or athletic association or
22organization for injunctive relief, damages, and any other relief available under law.
SB323,4 23Section 4. 38.23 (1) of the statutes is amended to read:
SB323,5,324 38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
25admission to, participation in or the benefits of, or be discriminated against in any

1service, program, course or facility of the board or any district because of the
2student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
3sexual orientation, pregnancy, marital status or parental status.
SB323,5 4Section 5 . Initial applicability.
SB323,5,65 (1) This act first applies in the first semester or session beginning after the
6effective date of this subsection.
SB323,5,77 (End)
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