Dear University of Lethbridge Board Members,
The Gender, Equity and Diversity Committee of the University of Lethbridge Faculty Association is writing to you concerning the recently mandated policy on “Fairness in Sport”, and the Interim Policy which the University has recently adopted in order to be in compliance with legislation enacted by Bill 29.
This policy is explicitly exclusionary: it targets all female student athletes, and in particular those who are transgender or non-binary. It runs contrary to the goals of equity and inclusion that are explicit parts of the University of Lethbridge’s Strategic Plan and betrays the agreed-upon promotion of diversity and “a positive and inclusive working climate” among our Academic Staff (U of L Academic Staff Collective Agreement 12.01.1 (d)). Furthermore, as an institution of higher education, our policies should uphold scientific research standards, and research has shown the premise of this policy (that trans athletes have a biological advantage in competitive sport) to be false[1]. It is shameful and harmful to see discriminatory language in any policy document of our institution, and we urge the Board to rescind this Interim Policy and pursue no future iteration of this policy.
The policy is in direct conflict with the stated values of the University of Lethbridge. Our Strategic Plan states that “We are an inclusive university that values diverse experiences and backgrounds, ensuring all students find their place and purpose here” (U of L Strategic Plan “Who we are”). It also explicitly commits the University to fostering Indigenous values and world views. Neither of these is upheld by a policy that polices women’s bodies and excludes our trans student athletes from full participation in student life.
It is also incompatible with the University’s own Harassment and Discrimination policy, which the Board approved in December of 2021. The policy’s stated purpose is to “support an environment in which members of the University Community can work, live and learn in a climate free from Harassment and Discrimination, and share the responsibility for achieving these goals”; it gives as examples of relevant factors “sex, sexual identity, gender identity, gender expression” (U of L Harassment and Discrimination Policy). Far from “achieving these goals,” this policy directly attacks them.
Within the context of the Post-Secondary Education sector, this discriminatory policy jeopardizes our athletes’ participation in national and international sporting events, which will not tolerate discriminatory practices. It may also result in research done with and by student athletes being eliminated from major funding agencies, all of which have anti-discrimination policies and standards that our University will no longer meet. In fact, the University’s explicitly discriminatory policy may exclude all researchers affiliated with the University from major funders such as the Tri-Agency, which have strong anti-discrimination requirements.
The policy is also in direct conflict with anti-discrimination legislation at all levels of government, including the Alberta Human Rights Act (according to the Canadian Bar Association Response to Bills 26, 27 and 29), the Canadian Charter of Rights and Freedoms, and Alberta’s Provincial Information Protection Act. Contravening such legislation is morally dubious and will leave the University vulnerable to lawsuits from numerous quarters, including student athletes, their families and the sporting and educational agencies that support them.
Even the passage of the interim policy and the debate around the adoption of a permanent policy have already layered additional harm on top of that caused by Bill 29 to queer and trans members of our community. Some of those individuals have already documented experiences of greater intolerance and feelings of fear and discomfort being on campus, harms that will only intensify with the passage of time and if this interim policy becomes permanent.
We urge the Board, in the strongest terms, to refuse to be signatories to a harmful and discriminatory policy. Our students and our University of Lethbridge community deserve policies that both protect and include all members.
Saurya Das
ULFA President
Patrick Wilson
Chair of ULFA’s Gender, Equity and Diversity Committee
[1] See in particular this article by E-Alliance, “Transgender Women, Athletes and Elite Sport: A Scientific Review” which directly addresses the question of crafting institutional policy around trans athletes on p. 9.
