“Overseeing the reforms - which promised to put the interests of athletes first - he soon discovered a whole range of issues that were not properly covered by the existing policies, including inclusion and fairness.
So he decided to take a deeper look, especially into the transgender debate, which had come up in other sports, so began assembling top international experts with no ties to the sport’s murky past.
“There was no preconceived notion. 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?” he said.
“I wanted an all star team where everybody’s a free agent.
“I wanted to know what it was. What is 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 last year, the first group had already been chosen.
Comprising medical and science experts, it included Dr Sandra Hunter, an Australian-born professor at the Department of Athletic and Human Performance at Marquette University.
In early 2022, the science group had finished its report and handed it to Nowicki.
The full report has not been published but the architects addressed the Congress before the vote, explaining how competitions between male and female athletes are no longer fair once puberty kicks in because of the differences in testosterone values.
What’s more, the scientists showed how biological and physical changes can’t be undone, which was one of the decisive factors that convinced FINA to prevent transgender women from competiting in elite women’s events if they had gone through puberty - essential rejecting the idea that level playing fields can be created through testosterone reduction.
“In a very simplistic look on the street approach…where we drew the line was where the impact of testosterone meets between girls and boys,” Nowicki said.
“At that point, it’s arguable that the legacy effects of testosterone start to develop and you can’t undo that or you can’t undo all of that.”
Once it became clear what the science was saying, Nowicki set up a second working group, comprising 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, now based in London.
Nowicki also began talking to athletes, sending out questionnaires to over 300 athletes around the world, to find out what they wanted.
The response was overwhelming.
More than 83% said eligibility for events should be decided by birth sex. And over 63% said they wanted to see an additional ‘open’ category created to ensure everyone can compete.
A separate taskforce, yet to be decided, will begin work on that soon, and is expected to report back at the end of the year.
Nowicki also held one-on-one interviews with a smaller number of elite athletes, whose identities remain confidential, other than Australia’s Cate Campbell and American Summer Sanders.”
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