Judge lets Riley Gaines-NCAA lawsuit proceed; case moves to discovery

A federal judge on Thursday partially denied the NCAA’s motion to dismiss in the Riley Gaines lawsuit, allowing the case to proceed. U.S. District Judge Tiffany Johnson ruled that the plaintiffs plausibly allege the NCAA receives federal financial assistance and is thus subject to Title IX, while also finding that the plaintiffs have not plausibly alleged the NCAA is a state actor or a violation of a right to bodily privacy.

The suit, filed in March of last year by Gaines and a group of current and former female college athletes who say transgender inclusion in college sports should be governed differently, accuses the NCAA of policies that allowed biological male transgender athletes to compete in women's events. The plaintiffs include Gaines, who has cited her experience competing against Lia Thomas, a former University of Pennsylvania swimmer, and other athletes such as Brooke Slusser, a former San Jose State volleyball captain, and Caroline Hill, a former Rochester Institute of Technology track athlete.

Johnson also granted the University System of Georgia and Georgia Tech’s motion to dismiss, meaning those university defendants are not part of the case going forward at this stage. The 2022 hosting site for the NCAA swimming championships, Georgia Tech, is named as a defendant in the suit along with the System, which oversees state universities in Georgia.

Gaines’ attorney, Bill Bock of the Independent Council on Women’s Sports (ICONS), welcomed the judge’s decision to keep the case alive against the NCAA and said the parties will now press into discovery to develop the record on Title IX accountability. "We agree with the aspects of Judge Johnson’s order that permit this important lawsuit to proceed against the NCAA. The NCAA has for years erroneously claimed it cannot be held accountable under Title IX, even though the NCAA controls significant aspects of college athletics for colleges and universities which receive federal funding," Bock said. The court’s ruling, he added, paves the way to demonstrate NCAA responsibility under Title IX.

The lawsuit stems from Gaines’ high-profile tie with Lia Thomas at the 2022 NCAA women’s swimming championships, a moment that drew intense attention and controversy over transgender participation in women’s sports. The suit argues that the NCAA’s policies and governance have harmed female athletes by shaping competition, resources, and locker-room policies. The plaintiffs contend these factors violated Title IX and other federal protections by enabling practices they view as discriminatory against cisgender female athletes.

With the NCAA’s status clarified for the case to move forward, the parties are expected to enter a discovery phase to gather documents, data, and testimony related to the NCAA’s policies, funding, and enforcement mechanisms. Additional motions and potential rulings could shape the scope and timeline of the litigation as it proceeds toward trial or settlement discussions. The case remains a focal point in ongoing debates over gender identity, athletic eligibility, and federal oversight in collegiate sports.