1.1 This policy outlines the participation framework of the 2nd AsiaPacific Outgames.
1.2 The policy covers:
(3) New Zealand law
(4) Equity and diversity
(5) Sex and Gender
(8) Use of photographs and names
(9) Performance-enhancing drug use
(11) Amendments to this policy
1.3 This policy was approved on 9 June 2010 by Wellington 2011 Inc, the entity organising the 2nd AsiaPacific Outgames, and endorsed on 11 June 2010 by GLISA AsiaPacific, the licensing organisation of the AsiaPacific Outgames.
2. DefinitionsBack to top
2.1 For the purposes of this policy, the following definitions apply:
Accreditation – the process where a participant provides suitable identification to receive their personalised 2nd AsiaPacific Outgames Accreditation Pass and their registration pack
Accreditation Pass – the personalised identification card which a participant is provided with during the Accreditation process
Event – An event, whether sport, conference, cultural or social organised by Wellington 2011 Inc or in association with the 2nd AsiaPacific Outgames.
Gender identity – a person’s internal, deeply felt sense of being male or female (or something other or inbetween). A person’s gender identity may or may not correspond with their sex
Intersex – a general term used for a range of conditions where a person is born with reproductive or sexual anatomy that does not seem to fit the typical biological definitions of female or male. An intersex participant is most likely to identify as either male or female, but may identify as something other or inbetween. (Intersex conditions are relatively common and many people will not know if they have an intersex medical condition.)
Participant – someone who has registered to participate in a Sport Event or the Conference at the 2nd AsiaPacific Outgames, provided all the required information and paid the relevant fee(s)
Participation Committee – A member committee established by Wellington 2011 Inc to hear and rule on Participant grievances.
Sanctioning Body – An International or National organisation that holds the regulatory authority for a particular sport.
Sex – a person’s biological makeup (e.g. their body and chromosomes) defined usually as either male or female and also including indeterminate sex.
Sport Event – a single, specific sporting competition such as swimming or running
Sport Event Rules – the rules set for a Sporting Event
Trans – an umbrella term to describe someone whose gender identity is different from their physical sex at birth. They may or may not pursue reassignment through surgery and/or hormone therapy.
Transitioning – steps taken by trans people to live in their gender identity. These often, but not always, involve medical treatment to change one’s sex through hormone therapy and/or surgeries.
2.2 In the Pacific and Asia there are a variety of indigenous terms that are often used to describe diversity of sexual orientation as well as gender identity. These terms are best understood within their cultural context and include Samoan fa’afafine, Tongan fakaleiti, Rarotongan akava’ine, Australian Sistergirls, Indonesian waria and Thai kathoey. Some people using these terms identify as trans; some do not. Some will wish to play sport as their physical birth sex, while others will not – depending on their gender identity.
3. New Zealand law Back to top
3.1 This policy has been developed in consideration of New Zealand law, and in particular the Human Rights Act 1993. Under New Zealand law it is unlawful to discriminate against someone based on their sex (including gender identity), sexual orientation and disability (including HIV status).
4. Equity and diversity Back to top
4.1 While the 2nd AsiaPacific Outgames is promoted to lesbian, gay, bisexual, trans and intersex (LGBTI) people, Wellington 2011 Inc nevertheless affirms the principle of inclusion regardless of a person’s sexual orientation, age, sex, gender identity, ethnicity, religion, nationality, political belief, physical ability, athletic/artistic ability, or health status (including HIV/AIDS).
4.2 The 2nd AsiaPacific Outgames values the diversity of participants and the community, and seeks to create a welcoming place for people. The 2nd AsiaPacific Outgames seeks the support from all participants to create a harassment-free and safe environment for participants to ‘do their best’.
5. Sex and GenderBack to top
5.1 The 2nd AsiaPacific Outgames welcomes all people regardless of their sex or gender identity.
5.2 Some sporting events at the 2nd AsiaPacific Outgames are not sex-segregated and are open to any participants. These include, for example, bridge and lawn bowls.
5.3 Some sporting events are sex-segregated because of the competitive physical advantage that men on average have compared to women, and/or to reduce the risk of physical harm to some participants in competition.
5.4 For sex-segregated events, trans or intersex people’s ability to participate depends on whether or not they may have a physical advantage over other competitors.
5.5 For the purposes of the 2nd AsiaPacific Outgames, a person’s intersex condition is only relevant in a small minority of circumstances where it would give someone a competitive advantage against other participants. In all cases that advantage would only be against female participants.
5.6 The 2nd AsiaPacific Outgames organisers appreciate the sensitivity and privacy issues for intersex participants. We have an intersex counsellor appointed as a confidential contact for any intersex participants wishing to enquire about their eligibility to participate competitively against female athletes. They can be contacted through using our contact us form.
5.7 There is no competitive advantage if:
trans women wish to compete against men or
trans men wish to compete against men.
5.8 Competitive advantage will apply in some instances when:
a trans woman wishes to compete against other women or
in the less likely situation, where a trans man wishes to still compete as a female, against women.
5.9 In assessing whether or not a trans person has competitive advantage in these situations, the sole consideration is the person’s sex hormone levels. The 2nd AsiaPacific Outgames organisers recognise that taking hormones may not be possible, appropriate or preferred by all trans people.
5.10 In line with the IOC Stockholm Consensus:
a trans woman does not have competitive advantage against other women if she has been taking female hormones regularly for the two years immediately prior to the 2nd AsiaPacific Outgames, at levels prescribed to enable her to transition.
5.11 In line with emerging research, if a trans man wishes to still compete against women he must NOT have been taking male hormones for more than one year prior to the 2nd AsiaPacific Outgames at levels prescribed to enable him to transition.
5.12 Testosterone, the sex hormone prescribed to trans men, is a banned substance under the Policy on Doping of GLISA and the World Anti-Doping Code. There are strict policies for applying for a Therapeutic Use Exemption (TUE) for any banned substance. Trans men on testosterone are advised to obtain a letter from their prescribing physician setting out the frequency and level of their dose.
5.13 Trans people are able to fully participate in sex-segregated events where they have no competitive advantage (see 5.7 above), unless:
a Sanctioning Body has its own sex and/or gender policy which places further restrictions on trans people’s participation and
that Sanctioning Body requires its policy to be observed for the Sporting Event to qualify as a sanctioned event
5.14 Trans women can only participate in sex-segregated events as women if they have undergone hormone therapy for a minimum of two years as part of a process of gender transition.
5.15 All participants at the 2nd AsiaPacific Outgames have the freedom to express their gender identity.
5.16 Normal identification may be required for identity verification, but all participant lists and results will be based on preferred names and titles.
5.17 Participants are able to compete wearing the uniform that matches their gender identity, even if they are not able to compete competitively as that sex.
5.18 Some Sanctioning Bodies, including that which sanctions swimming, have sex-specific uniform rules that may present issues for trans participants. Participants are encouraged to contact the organisers to discuss their specific circumstances and possible options.
5.19 2nd AsiaPacific Outgames organisers recognise that privacy in changing rooms, showers and toilet facilities is important for many participants, particularly those who are female, intersex and/or trans. The organisers will:
identify where private facilities are an option, for example if a swimming venue has some changing areas set-aside for small family groups. Where these are available, people with particular privacy concerns should approach the organisers with enquiries about accessing these facilities.
ensure that there are toilets available at each venue (in both the ‘female’ and ‘male’ facilities) that have doors
ensure that, where there are showers available at a venue, that some showers (in both the ‘female’ and ‘male’ facilities) have either a door or a curtain
identify whether unisex toilet facilities are available at each venue
5.20 Trans and intersex people are able to choose the toilet facility or changing room which best matches their gender identity and expression.
5.21 Participants seeking exemption from the provisions of this policy are encouraged to request that their circumstances be reviewed (by the ‘Contact Us’ portal via the 2nd AsiaPacific Outgames website, with subject heading ‘Participation Exemption Sought’). Such a review will be carried out by a panel consisting of a total of three members of:
(1) Wellington 2011 Inc; and/or
(2) GLISA AsiaPacific; or
(3) their delegates.
The panel will conduct its review in a discreet and confidential manner, it will issue its decision within 21 days of the request being received, and its decision will be final and binding, and may not be appealed. The panel will adopt an approach which takes into account the strength and endurance differences between sexes and any risk to the health and safety of participants. It will review all the information put forward by the participant and will consider any unique circumstances presented by the participant in making its decision.
5.22 Where a Sanctioning Body has its own sex and/or gender policy, and that Sanctioning Body requires its policy to be observed for the Sporting Event to qualify as a sanctioned event, then the policy of the Sanctioning Body shall apply to that Sporting Event.
5.23 Participants are encouraged to familiarise themselves with the requirements of the Sanctioning Body for their sport.
6. AgeBack to top
6.1 The 2nd AsiaPacific Outgames welcomes all people regardless of age, with some restrictions to comply with New Zealand law and to ensure safety, health and welfare, appropriate participation, parental or guardian consent where appropriate, and adult supervision at all relevant times for persons under 18 years.
6.2 All participants for the 2nd AsiaPacific Outgames will be a minimum of 16 completed years of age at 12 March 2011.
All persons who are less than 18 completed years of age at 12 March 2011 will not be accredited to participate without the consent and entry into the attached waiver of liability in relation to the participant by:
(1) A parent or guardian, who attends in person at Accreditation; or
(2) An appropriate adult supervisor who attends at Accreditation and presents the consent of the person’s parent or guardian.
6.3 Where a Sanctioning Body has its own age policy, and that Sanctioning Body requires its policy to be observed for the Sporting Event to qualify as a sanctioned event, then the policy of the Sanctioning Body shall apply to that Sporting Event.
6.4 Participants seeking to be exempt from the provisions of 6.1, 6.2 and/or 6.3 may request (by emailing the ‘Contact Us’ portal via the 2nd AsiaPacific Outgames website with subject heading ‘Participation Exemption Sought’) that their circumstances be reviewed. Such a review will be carried out by a panel consisting of a total of 3 members of:
(1) Wellington 2011 Inc.; and/or
(2) GLISA AsiaPacific; or
(3) their delegates.
The panel will conduct its review in a discreet and confidential manner, it will issue its decision within 21 days of the request being received, and its decision will be final and binding, and may not be appealed.
7. Accreditation Back to top
7.1 All participants for 2nd AsiaPacific Outgames will be provided an Accreditation Pass, which is required for access to events as a participant.
7.2 All participants will be required to supply legal documentation for proof of identification (such as passports, birth certificates, or a driver’s licence which includes date of birth and photograph). For transgender participants, a letter from a general practitioner or medical specialist will be acceptable.
8. Use of photographs and names Back to top
8.1 Photographs and names of 2nd AsiaPacific Outgames participants may be used in any manner and in any media for any purposes including reporting, recording or promoting the 2nd AsiaPacific Outgames or future AsiaPacific Outgames. This may involve inclusion in publication of sporting results, exhibitions, archives, or any other use, without seeking further permission of the participant.
9. Performance-enhancing Drug Use Back to top
9.1 Wellington 2011 Inc condemns the use of banned substances and doping practices to enhance performance in sport. Substances and practices to enhance performance are contrary to the notions of fair play, integrity, and respect, are potentially harmful to the health of athletes, and in some cases, are illegal.
9.2 Wellington 2011 Inc expects that participants will not use:
(1) any substance banned by the World Anti-Doping Agency; or
(2) prescribed substances that enhance performance, and will endeavour to perform at their personal best without unnatural enhancement.
9.3 Wellington 2011 Inc reserves the right to undertake official drug testing and allow GLISA AsiaPacific or any Wellington 2011 Inc sport Sanctioning Body to undertake official drug testing.
9.4 Whilst there may be no routine official drug testing, participants who admit the use of performance enhancing substances for the purpose of achieving records or better results than they would normally achieve, will be subject to possible:
(2) retraction of the 2nd AsiaPacific Outgames participation recognition;
(3) retraction of any place awards and/or medals awarded by 2nd AsiaPacific Outgames; and
(4) elimination of the participant’s result from the GLISA/Outgames performance records.
9.5 Note to transitioned/transitioning male athletes: Transitioned or transitioning male athletes are cautioned that the administration of testosterone would constitute a doping offence under the Policy on Doping of GLISA and the World Anti-Doping Code. GLISA acknowledges that there are uncertainties as to how anti-doping rules will apply in the situation of transitioned males, and whether Therapeutic Use Exemptions (TUE) would be granted to allow such hormone therapy. Transitioned male athletes should review the GLISA/Outgames Policy on Doping and should contact the 2nd AsiaPacific Outgames or GLISA for further guidance.
10. Grievances Back to top
10.1 Persons who have a complaint regarding their treatment by Wellington 2011 Inc officials, other participants or volunteers, may have the grievance heard by a Participation Committee set up to deal with these matters.
10.2 This committee will seek to confidentially address the issues raised. The members of the committee will comprise:
(1) a member of the Wellington 2011 Inc Executive Committee,
(2) a person with legal expertise in the field of antidiscrimination, and
(3) other persons with relevant expertise (including, where relevant, trans and/or intersex issues).
10.3 The committee will take verbal or written complaints. Formal complaints that are investigated will need to be put in writing. The Committee will provide its decision in writing within 3 days of receiving the complaint. In the case of a person who proffers a complaint regarding gender presentation or identity, the committee may direct the Accreditation Pass to be reissued according to its decision.
10.4 The decision of this committee will be final and is not subject to appeal within Wellington 2011 Inc.
10.5 A person who has a complaint arising from an incident as part of a sport or cultural event, or in relation to the rules of a specific sport or the behaviour or decisions of a technical official, should first seek to resolve the issue with the coordinators(s) of the individual sport or cultural event. Subject to the nature of the complaint, and the rules and structures of the sport or event concerned, the Participation Committee may advocate on behalf of the aggrieved person to any relevant body.
10.6 No provision contained in this policy limits a person’s access to take action under relevant New Zealand laws that may apply.
11. Amendments to this policyBack to top
11.1 This policy may be amended at any time. Notice of amendments will be sent to registered participants and will be published on the 2nd AsiaPacific Outgames website.