Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 1 - GENERAL PROVISIONS (§§ 6-1-101 — 6-5-1204) › Chapter 1 - GENERAL PROVISIONS (§§ 6-1-101 — 6-1-706) › Subchapter 1 - GENERAL PROVISIONS (§§ 6-1-101 — 6-1-108) › Section 6-1-107 - Fairness in Women's Sports Act - Definition

(a)
This section shall be known and may be cited as the "Fairness in Women's Sports Act".
(b)
(1)
As used in this section, "school" means:
(A)
A public elementary or secondary school;
(B)
An open-enrollment public charter school; and
(C)
A public two-year or four-year institution of higher education.
(2)
"School" includes a private educational institution whose interscholastic, intercollegiate, intramural, or club athletic teams or sports compete against a public school.
(c)
Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a school shall be expressly designated as one (1) of the following based on biological sex:
(1)
"Male", "men's", or "boys";
(2)
(A)
"Female", "women's", or "girls".
(B)
An interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for females, women, or girls shall not be open to students of the male sex; or
(3)
"Coed" or "mixed".
(d)
A state government entity, licensing or accrediting organization, or athletic association or organization shall not undertake any of the following with respect to a school that maintains separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex:
(1)
Accept a complaint concerning gender bias;
(2)
Open an investigation; or
(3)
Take any other adverse action against the school.
(e)
A student who is:
(1)
Deprived of an athletic opportunity or suffers a direct or indirect harm as a result of a violation of this section shall have a private cause of action against the school for:
(A)
Injunctive relief;
(B)
Damages, including without limitation:
(i)
Monetary damages for any psychological, emotional, or physical harm; and
(ii)
Reasonable attorney's fees and costs; and
(C)
Any other relief available under the law; or
(2)
Subject to retaliation or other adverse action by a school or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school or athletic association or organization, or to a state or federal agency with oversight of schools, shall have a private cause of action against the school or athletic association or organization for:
(A)
Injunctive relief;
(B)
Damages, including without limitation:
(i)
Monetary damages for any psychological, emotional, or physical harm; and
(ii)
Reasonable attorney's fees and costs; and
(C)
Any other relief available under law.
(f)
A school that suffers a direct or indirect harm as a result of a violation of this section shall have a private cause of action against the state government entity, licensing or accrediting organization, or athletic association or organization for:
(1)
Injunctive relief;
(2)
Damages, including without limitation:
(A)
Monetary damages for any psychological, emotional, or physical harm; and
(B)
Reasonable attorney's fees and costs; and
(3)
Any other relief available under the law.
(g)
A civil action initiated under subsection (e) or subsection (f) of this section shall be commenced within two (2) years after the harm occurred.
Added by Act 2021, No. 461,§ 2, eff. 7/28/2021.