NCAA flipped a switch and seemed to change its genital participation policy to prevent biological men from competing in women’s sports in the wake of President Donald Trump’s executive order.

Two weeks after Trump’s no men in women’s sporting orders, long -time critics of the top collegial athletic association in the United States pointed out that the new policy leaves much to be desired. Riley Gaines, Jennifer Sey, Kim Jones and others who have advanced the protection of women’s sports have pointed out the possible loopholes in NCAA’s policy.

The biggest criticism is that the policy does not go far enough or establish clear barriers to protect women’s athletes in the college rows. The most common criticism has been that the policy allegedly allows trans athletes to bypass the restriction by changing gender on their birth certificate.

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In the United States, 44 states allow birth certificates to change to change a person’s birth sex. The only states that do not allow this are Florida, Texas, Kansas, Oklahoma, Tennessee and Montana. In the meantime, there are 14 states that allow sex on a birth certificate to change without required medical documentation, including California, New York, Massachusetts and Michigan.

Gaines, the host of Outkick’s “Gaines for Girls” podcasts and former Allamerican swimmer at Kentucky, Pakinomist Digital said in an interview Wednesday that the new NCAA policy is “explicit in conflict” with Trump’s executive order.

“No. 1, first and foremost, this policy removes all responsibility from NCAA, which is of course something that has been in their minds for a long time,” Gaines said. “It gives loopholes to both states and schools because it doesn’t define sex that we’ve seen now is a problem, unfortunately. I mean it’s crazy we have to define sex -based expressions like male and woman but we have seen what happens when we don’t.

NCAA responds as critics call potential loopholes in his new trans-athlete policy

Riley Gaines speaks at Independent Women’s Forum’s “Our Bodies, Our Sports: We Won’t Coirps down” Rally on January 11, 2024 in Phoenix. (Megan Mendoza/The Republic/USA Today Network)

“So it does not define sex, it does not define male or female but it defines gender identity. And it defines gender identity as both man and woman. So of course you can see where it is a problem. The qualifications of how they consider as, and Assigning sex is based on your birth certificate, which is of course a piece of paper that we have now seen that can be completely forged and fraudulent.

“This policy allows explicitly men and women in the women’s layer. No matter how you read it, men are still allowed to receive women’s benefits that include access to their dressing room. There is no screening. There is no supervision. All these and more are only only A couple of reasons why this NCAA policy is definitely problematic.

NCAA’s new policy for student athletes “assigned male at birth” and their participation in women’s teams stated that athletes may not compete for the women’s team, but they “can practice the team that is in line with their gender identity and receive all others Benefits that apply to student athletes who are otherwise eligible for practice.

A NCAA spokesman told Pakinomist Digital that the governing body will not allow trans athletes to compete in the women’s category based on changed birth certificates.

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Riley Gaines speaks during a roundtable event calling to protect Women’s Sports in Grand Blanc, Michigan, August 5, 2024. (Ryan Garza/USA Today Network)

“The policy is aware that there are no exceptions available and athletes assigned male at birth may not compete on a women’s team with changed birth certificates or other forms of ID,” the spokesman said.

With regard to trans athletes practicing on a women’s team, NCAA considers male practice players as a “staple” of women’s sports.

“Players in male practices have been a staple in college sports for decades, especially in women’s basketball, and the association will continue to explain it in politics,” the spokesman said.

Gaines told Pakinomist Digital that the policy “speaks for itself.”

“The policy is simply not clear. Again, that accountability is removed from NCAA,” she said. “So of course they will say, ‘Look, Onus isn’t on us. We’ve done what we’re going to do.’ The bottom line is that they have opened women almost even longer than their previous politics, considering that they have taken screening and supervision.

“These schools can and will – mark my words, interpret it to mean what they want it to mean. I don’t know why so many people are so naive to believe that ncaa essentially grew a spine overnight and decided to do everything in their power to protect athletes – female or male for that matter – for as someone who was at the receiving end of NCAA’s abuse, I can tell you that it is not the case.

Kim Jones, a former college-tennis star and co-founder of the Independent Council for Women’s Sports, said at “Fox & Friends” that she would ask Trump to bring NCAA back to the table, tear up the new policy and start again.

President Donald Trump signs an executive order that prevents transient female athletes from competing in women or girls’ sporting events, in the White House, February 5, 2025 (AP Photo/Alex Brandon)

Gaines said she would tell the president that now it was time to keep NCAA’s “feet to the fire.”

“NCAA certainly receives federal funds. So if they are not willing to comply with President Trumps, again, thoroughly and beautifully written executive orders, I think NCAA should lose federal funding.”