Mercury (Hobart)

’We had such a sound body

- JULIAN LINDEN

OF the misconcept­ions surroundin­g FINA’s gamechangi­ng policy for transgende­r athletes, the most misunderst­ood is why swimming’s leaders took the plunge when other sports had not.

The popular story is that FINA panicked because of the storm that erupted when University of Pennsylvan­ia trans swimmer Lia Thomas won a national title at the US college

championsh­ips.

Because that happened just three months ago, and FINA’s bombshell new policy was made public only when delegates were asked to vote on it at the congress in Budapest last weekend, the simple but wrong assumption was that it was a hit job aimed squarely at Thomas.

The critics accused FINA of rushing through with a half-baked policy just to block Thomas from competing at the 2024 Olympics in Paris.

But the FINA executive who engineered and helped draft and oversee the entire policy says that notion is simply untrue.

“It’s easy to say Lia Thomas was the lightning rod but that’s not the case,” FINA’s chief executive director Brent Nowicki told News Corp.

“These issues, health and safety, welfare issues, competitio­n, fairness issues, these are issues that have been in internatio­nal sport for years now.”

In an exclusive interview outlining the background to the policy that has rocked the sporting world, Nowicki has lifted the lid on how the policy that has divided the world came to fruition.

Critically, he reveals planning started much earlier than people think – in 2021, not 2022 – and there was never any intention to exclude anyone. Rather, the starting point for the project was to find a way to include everyone in a fair way.

It was only after FINA received a detailed report it commission­ed from independen­t scientists and medical experts that it felt compelled to come up with a policy that effectivel­y banned transgende­r women from competing in elite female competitio­ns.

“We didn’t start with the goalposts in front of us. We weren’t trying to kick that ball through those goalposts,” Nowicki said.

“We were trying to move the ball down the field methodical­ly, correctly, and

that was the approach we had always taken.”

The starting point for the policy actually stems from FINA’s dark past, and attempts to clean it all up.

For much of its 114 years, FINA has been run primarily by men who spent millions of the sport’s fortune on their own lavish lifestyles instead of competitor­s struggling to make ends meet.

But that all changed last year after FINA elected a new president, Husain AlMusallam, on a platform to reform the organisati­on.

Nowicki, a US lawyer who had worked for years at the Court of Arbitratio­n for Sport and has a reputation for meticulous planning, got straight to work on the first day he sat down at his new desk – June 8, 2021.

Overseeing the reforms – which promised to put the interests of athletes first – he soon discovered a range of issues not properly covered by the existing policies, including inclusion and fairness.

“There was no preconceiv­ed notion,” he said. “If anything, there was a desire to learn as much as we possibly could and figure out what does science say, what does it mean?

“I wanted to know what it was. What does being transgende­r mean? What does it mean scientific­ally?

What does it mean, chromosoma­lly? What does it mean socially? What does it mean mentally?

“It’s not just being transgende­r that makes you transgende­r. There’s more to it than just the label you put on somebody. It was our duty to figure that out, educate ourselves.”

By November, the first group had been chosen. Comprising medical and science experts, it included Sandra Hunter, an Australian-born professor at the Department of Athletic and Human Performanc­e at Marquette University.

In early 2022, the science group had handed its report to

Nowicki. The full report has not been published but the architects addressed the congress, explaining how competitio­ns between male and female athletes were unfair once puberty kicked in because of the difference­s in testostero­ne values.

What’s more, the scientists showed how biological and physical changes could not be undone, which was one of the decisive factors that convinced FINA to prevent transgende­r women from competing in elite events if they had gone through puberty – essential rejecting the idea that level playing fields could be created by testostero­ne reduction

Once it became clear what the science was saying, Nowicki set up a second working group, of legal and human rights experts, to look at how to frame the policy.

The five members included former Federal Court of Australia judge Annabelle Bennett and James Drake, an Australian barrister and CAS arbitrator based in London.

Nowicki also began talking to athletes, sending out questionna­ires to 300 around the world. The response was overwhelmi­ng.

About 83 per cent said eligibilit­y for events should be decided by birth sex. And more than 63 per cent said they wanted to see an additional “open” category created to ensure everyone could compete.

Other sporting bodies are scrambling to catch up, facing increasing pressure to follow FINA, though Nowicki said that was never the intention.

“The media has said it was a very aggressive policy,” Nowicki said. “But we went as far as we needed to go to meet the legitimate objectives we felt were necessary for competitiv­e balance, for fairness in our sport.

“We had such a sound body of evidence, we had a sound body of voice, we felt comfortabl­e in our legal skin and we were prepared to go forward.”

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