Swim England

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Swim England Transgender and Non-binary Competition policy

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Swim England’s updated transgender and non-binary competition policy has inclusion and fairness at its very heart.

In order for all aquatic disciplines to be enjoyed as sport, there must be inclusive opportunities for transgender participants to compete.

However, it is widely recognised that fairness of competition must be protected and Swim England believes the creation of open and female categories is the best way to achieve this.

These categories are designated as:

  • Female – athletes with a birth sex of female
  • Open – athletes with a birth sex of male, trans or non-binary competitors and any competitor not eligible for the female category

The updated policy ensures there are entry-level competitive opportunities for transgender people to participate in the majority of our disciplines within their gender identity.

In order to progress further, however, the Female/Open categories are utilised as a means to protect fair competition within the sporting pathway.

Peer-reviewed examples confirm the general consensus that post-puberty transgender females retain a biological level of performance advantage post-transition.

Whilst Swim England’s existing policy regarding the use of hormonal therapy was found to be effective at reducing performance advantage, it was insufficient to negate it completely and trans females therefore likely retain an advantage over their cisgender peers.

As a result, Swim England believes that the restriction of certain competition to birth sex females to be justified and proportionate in the pursuit of fair competition.

This policy refers only to Swim England competition (including those organised by our member Regions, Counties and Clubs) and will be implemented on 1 September 2023.

Those that participate in aquatics recreationally should be able to do so, in a fully-inclusive environment, free from discrimination.

In order to achieve this, Swim England will continue to support operators to provide a varied pool programme, catering for the many demographics found in our communities across England.

The transgender and non-binary competition policy for each discipline can be downloaded below where a number of frequently asked questions can also be viewed.

Further resources will be published by Swim England ahead of the policy coming into effect.

Anyone with further questions or wanting more information about the policy should email [email protected]

Policies

Document Library

Frequently Asked Questions

General Policy

Why does the policy differ between disciplines, isn’t this inconsistent?

In 2021, the Sports Council Equality Group released its ‘Guidance on Transgender Inclusion in Domestic Sport’. This required national governing bodies (NGB) to ‘define the best options for their sport’ based upon factors such as contact and the existing competitive model. As an NGB, Swim England was therefore obligated to consider each sport individually, whilst utilising the same consideration of safety, fairness and inclusion across all disciplines.

When does the policy come into effect? Is there a phasing in period?

The policy will go live from 1 September 2023 meaning all competitions/ competitors will need to comply from this date. Exceptions do exist where swimming competition licenses have already been granted or leagues have already begun.

If you are a meet promoter and have already received a licence number prior to 3 April your existing conditions will be honoured.

Should you have any queries please contact [email protected]

On what basis/legislation/science is the new policy based on?

Please see the Explanatory Note for an overview of these considerations. Further questions can be sent to [email protected]

How and to whom does one raise any questions/concerns?

Questions or concerns relating to the policy should be submitted to [email protected]

Is there an age limitation on the policy?

Yes. There are age-specific considerations with regards to Water Polo. However, the wider policy is applicable for all ages.

If there is a suspicion the policy is being misused, why can’t a competitor be challenged at the event using the existing Protest regulations?

Swim England recognises that this is a sensitive area and therefore the welfare of competitors is our primary concern. As a result of previous, unfounded allegations, Swim England asks that such concerns are raised post-event. Please advise the complainant that the challenge will be looked into following the event. Do not approach the athlete. As per the policy, questions or concerns should be submitted to [email protected]

The policy refers to athletes in the female category needing to ‘provide confirmation’ that their birth sex is female, what does this mean?

The event conditions will be updated to include the following: The Female category is for birth sex females in accordance with Swim England’s Transgender and Non-Binary Competition Policy. By entering the ‘Female’ category you confirm that your birth sex is female.

What is the difference between a licensed and unlicensed competition within swimming?

Licensed competitions have been granted a licence by Swim England as a result of a formal application detailing the conditions and management of the event. As a result, licensed competitions within swimming are able to submit times into national rankings whereas unlicensed competitions cannot.

What is Swim England’s policy on transgender participants use of changing rooms?

Swim England does not set changing room policy for transgender participants. If you have queries about changing room usage, Swim England recommends speaking to the pool operator about its designated policy.

Do Water Polo leagues need to adhere to the Policy?

If the league is affiliated, it must adhere to the new policy.

Do affiliated organisations need to adhere to the Policy?

Any organisation affiliated to Swim England, a region or a county running competitions under Swim England Laws must adhere to the new policy.

If ‘safety’ is the overall priority, why are transgender males able to compete with other males within the ‘Open’ category of Water Polo?

Whilst safety is the overall priority, Swim England believes transgender males should be able to compete in the Open category of Water Polo, if they make the informed decision to do so. Transgender males or non-binary individuals with a birth sex of female who wish to compete in the Open category will be required to sign an assumption of risk form. For further information, please contact [email protected]

What support will I receive to help me understand and enact the changes to the policy?

Webinars have been delivered to stakeholders across aquatics and guidance is available via this webpage. If you have further queries please contact [email protected]

I am a transgender athlete that followed the process within the previous Transgender Competition Policy, what should I do?

You should have received an email explaining the updated policy, including how it may impact you. If this is not the case, please contact [email protected]

Do swimming leagues need to adhere to the Policy?

If a swimming league event is licensed, it must adhere to the new policy. Within unlicensed events athletes should be free to self-ID as per the policy.

Can athletes wear whatever costume they want within the ‘Open’ category?

World Aquatics have set out the expectations for costumes and we would still expect competitors to comply with this. We recognise that athletes may not want to wear costumes as prescribed in these rules and where possible, we will support this. We have published our Swimwear Guidance which outlines different formats of costume. It is essential an athletes applies for a Certificate of Exception if they want to wear a costume not specified by World Aquatics.

What is the ‘Eligibility Category’?

As per the policy, these are the categories into which competition is split. You may see it represented as ‘EC’ on websites such as swimmingresults.org.

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Club

I am a team manager and an athlete who identifies as female wants to room share with other females, what do I do?

Whilst this policy refers solely to competition, Swim England recognises that overnight stays during a meet need to be considered. In this instance the safety and welfare of all members, regardless of whether they are transgender, must be prioritised. Therefore, Swim England recommends that birth sex be used when determining room sharing. If room sharing is not appropriate in these circumstances, a single room should be offered.

I am a membership secretary and a parent asked me to change the gender of their child on OMS, how do I go about this?

If they wish to update their gender this can be done by the club or the individual logging into OMS and editing the gender field on the Diversity tab. This field is used for data collection only. If they wish to change their ‘Eligibility Category’ on OMS this can only be done by contacting [email protected] where the team will be happy to help with the process. It is the ‘Eligibility Category’ field that determines the category of competition. Please note, the process to change someone’s ‘Eligibility Category’ may take up to 28 days and can only be changed back once.

I am a membership secretary and I am unsure an athlete is being truthful about their gender, what do I do?

Please do not approach the member directly as any presumption, whilst legitimate, may be unfounded and cause harm. Questions or concerns relating to the policy should be submitted to [email protected]

I am a coach and an athlete identifying as female wants to train with other females – what should I do?

The Policy relates solely to competition and it is for each club to determine their training sessions. Where there is a concern please contact [email protected]

I am a coach and an athlete identifying as male wants to train with other males – what should I do?

The Policy relates solely to competition and it is for each club to determine their training sessions. Where there is a concern please contact [email protected]

Our club has a volunteer who is trans female / trans male, what do we need to do?

This policy is solely for competition and therefore an individual should be free to volunteer as per their gender identity, free from discrimination.

I am a membership secretary and a member has accidentally been registered within the wrong Eligibility Category, what do I do?

If the member has joined Swim England within the last 28 days, the Eligibility Category can be changed by emailing [email protected] to confirm that a mistake has been made upon registration.

If the error has been noticed more than 28 days after the membership registration, they can request for an Eligibility Category correction to be made by emailing [email protected], however Swim England will require a copy of the member’s Birth Certificate to do so.

Please be aware that the process of amending Eligibility Category will take up to 28 days to update on the member’s profile.

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Competition

In an unlicensed competition, can a trans male athlete wear jammers only?

No, unless a swimwear exception has been applied for and granted under a ‘Certificate of Exception‘.

I am a meet promoter and I have received a challenge in relation to a gender of an athlete, what do I do?

Please advise the complainant that the challenge will be looked into following the event. Do not approach the athlete. As per the policy, questions or concerns should be submitted to [email protected]

An athlete looks male and is competing in the Female category, what do I do?

Please do not approach the member directly as any presumption, whilst legitimate, may be unfounded and cause harm. Questions or concerns relating to the policy should be submitted to [email protected]

An athlete wants to enter a competion as non-binary, what do I do as the meet promoter?

Please consult the policy. If you are unsure as to the appropriate category, questions can be submitted to [email protected]

I am a meet Promoter, do I need to change my criteria for my meet that has already been granted a licence?

No, if you have already received a licence number prior to the launch of the Policy your existing conditions will be honoured. We appreciate that the documents for the meet might not all comply as a result of entries being open prior to the updates of the event management software. If you wish to update your conditions to comply with the new Policy please contact your Regional Licensing Officer.

Will the Results and Rankings website look any different?

Rankings will refer to ‘Open/Male’ times rather than simply ‘Male’. Given swimmingresults.org includes British, Welsh and Scottish rankings the term ‘Male’ must still be included for accuracy.

Will I need to update my meet entry software to reflect the changes?

Swim England is in discussion with third party meet entry software providers about the changes. Although we do not have direct control over these applications, we expect updates to begin form the implementation date of the 1st September 2023.

I am a J1 / J2 in a swimming competition and I believe there is an athlete in the wrong category, what should I do?

Please speak to the lead referee who will refer the matter in accordance with the agreed process.

I am a referee and I receive a report of an athlete potentially in the wrong category, what should I do?

Swim England recognises that this is a sensitive area and therefore the welfare of competitors is our primary concern. As a result of previous, unfounded allegations, Swim England asks that such concerns are raised post-event. Please advise the complainant that the challenge will be looked into following the event. Do not approach the athlete. As per the policy, questions or concerns should be submitted to [email protected]. You will be provided with a reporting form, with a request for basic information including the competitor involved, the individual raising the concern and the basis for this concern.

I am swimming in an unlicensed relay within a licensed competition, can I self-ID?

No, as the event has been licensed the Female/Open categories will apply.

I am looking at swimmingresults.org and there are still references to “male”. Why is this the case?

The swimmingresults.org website is a live website and changes will therefore begin to take place from 1 September. Swim England will endeavour to make these changes as quickly as possible. However, if after the 1 October 2023, you notice a reference has been missed, please email [email protected].

I am the organiser of a swimming league and we have a licensed final after 1 September, what do I do?

Please contact [email protected] and the team will help you based upon the specifications of the situation.

I am due to attend a swimming licensed competition after the 1 September and the Female/Male categories are still being used rather than Female/Open. Is that correct?

If competitions applied for a licence prior to 3 April 2023, then Swim England has agreed to honour the conditions of the application. This may mean that some competitions continue to use ‘Female/Male’ categories for the remainder of 2023. If you are unsure please contact [email protected]. Regional Licensing Officers will be checking any licensing applications received after the launch of the new Policy in order to ensure they comply.

I believe that competitors are abusing the ‘self-ID’ aspect of the policy in order to gain a performance advantage. What can I do?

Swim England recognises that this is a sensitive area and therefore the welfare of competitors is our primary concern. As a result of previous, unfounded allegations, Swim England asks that such concerns are raised post-event. Please advise the complainant that the challenge will be looked into following the event. Do not approach the athlete. As per the policy, questions or concerns should be submitted to [email protected]

I am an event organiser and I want to use the new Policy prior to 1 September. Is this ok?

The policy does not come into effect until the 01 September.

I am an event organiser and I will be opening up entries before 1 September but my event is after. What do I need to do?

Swim England recognises there will be a period of transition between the old and new categories and we therefore expect to see some instances of the category ‘male’ still appearing on documents and scoreboards post 1 September. Swim England is in touch with the main event management system providers as they put in provision to accommodate the changes.

During an event, if we receive a challenge in relation to a medal winning athlete on the grounds of a transgender query, what should I do?

The result stands and the challenge will be looked into following the event. Do not approach the athlete. As per the policy, challenges should be submitted to [email protected]

I am unable to set the categories of ‘Female’ and ‘Open’ on external software such as Hytek, what should I do?

Swim England recognises there will be a period of transition between the old and new categories and we therefore expect to see some instances of the category ‘male’ still appearing post the 1st September.

The following text can be added to event conditions to account for this:

Currently, the software used to manage and run the meet are not capable of the new ‘Open’ and ‘Female’ categories. An exact date for when these changes will be made is not yet available. It is inevitable, and this is recognised by Swim England, that there will be a period of transition and that the terms ‘Male’ (and other legacy terms) will continue to appear on scoreboards, webpages and applications. However where this happens, the terms ‘Ladies’, ‘Women’ and ‘Girl’ should be taken as referring to the new ‘Female’ category and all other terms as the new ‘Open’ category.

The ‘Female’ and ‘Open’ categories are still being used in some junior water polo events. Why is this?

In order to ensure consistency with senior (16+) events, the ‘Female’ and ‘Open’ categories may still be used. However, unlike in senior competition, competitors are free to self-id into the category that aligns with their gender identity.

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Member

My child wants to identify as female, how do I ask the Club to respect their wishes?

Swim England recommends speaking with the Club Welfare Officer and Coach to agree the best course of action within the remit of the club. This is an evolving area and therefore understanding will be needed from all parties to ensure that changes can be implemented positively. Whilst every effort must be made to respect the needs of your child, safeguarding must remain the overall priority. For support, please submit any questions to [email protected]

I believe my child is being discriminated against by the club because they identify as trans female / trans male, what do I do?

We take a zero tolerance approach to transphobia and discrimination. Such instances should be reported via the Club Welfare Officer and emailed to [email protected]

What will happen to historical records on swimmingresults.org?

Historical records will be listed as ‘Female’ and ‘Open/Male’. The latter will be used to reflect that historical records were achieved within the ‘Male’ category, prior to the implementation of an ‘Open’ category. The heading ‘Sex’ will also be replaced by ‘EC’, in reference to ‘Eligibility Category’.

I’m eligible for the ‘Female’ category but would like to participate in certain competitions within the ‘Open’ category, is this possible?

The objective of this policy is to determine how transgender and non-binary members can compete within Swim England’s sports. As a result, members will not be able to freely alternate between the ‘Female’ and ‘Open’ categories. A maximum of 2 changes may be made. Please note, the Swim England process may take up to 28 days.

I have previously competed in the ‘Female’ category and will need to change to the ‘Open’ category, how do I do this?

To update your eligibility category this can only be done by contacting [email protected] where the team will be happy to help with the process. It is the ‘Eligibility Category’ field in the Online Membership System that determines the category of competition. Please note, the process to change someone’s ‘Eligibility Category’ may take up to 28 days and can only be changed back once.

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