Federal judge dismisses Riley Gaines' Title IX lawsuit against NCAA, appeal pending

A federal judge in Georgia dismissed a lawsuit filed by swimmer Riley Gaines and the Independent Council on Women’s Sports (ICONS) that alleged the NCAA violated Title IX by allowing transgender women to compete in women’s events. The court found that the NCAA does not receive federal financial assistance, a prerequisite for Title IX liability, and therefore the plaintiffs’ claims cannot proceed.

Judge Tiffany R. Johnson, a Biden-appointed judge, granted the NCAA’s motion for summary judgment, concluding that neither the organization nor its affiliates received direct or indirect federal funds. The ruling did not address whether the NCAA’s former transgender-athlete policy constituted sex discrimination.

Gaines, who competed in the 2022 NCAA Division I Women’s Swimming and Diving Championships, said she would appeal the decision. > "This momentary setback will not deter me or other women athletes in the least," she said in a statement. ICONS co-founder Kim Jones added that the organization believes the judge erred and expects an appellate court to find the NCAA covered by Title IX.

The plaintiffs have 30 days to file a notice of appeal with the 11th Circuit Court of Appeals. The case follows a Supreme Court precedent that the NCAA is not subject to Title IX solely because its member schools receive federal funds. The NCAA has since revised its eligibility rules, prohibiting athletes assigned male at birth from competing on women’s teams, though they may still practice with women’s teams.

ICONS co-founder Marshi Smith urged Congress to oppose the Protect College Sports Act, a bill that would grant the NCAA broader regulatory authority, arguing that the organization should not receive additional powers after successfully avoiding Title IX liability.