Riley Gaines to Appeal NCAA Lawsuit Dismissal, Eyes Supreme Court Riley Gaines and fellow plaintiffs plan to appeal a federal judge's dismissal of their Title IX lawsuit against the NCAA within 30 days and hope the case reaches the Supreme Court. Riley Gaines and fellow plaintiffs plan to appeal the dismissal of their Title IX lawsuit against the NCAA to the 11th Circuit Court of Appeals within 30 days of the ruling. NCAA Title IX AppealGaines said the case could ultimately reach the U.S. Supreme Court, which she hopes will establish the law of the land for female athletes. Gaines, joined by Independent Council on Women's Sports co-founders Kim Jones and Marshi Smith, spoke to Fox News Digital in an exclusive group interview. She said the dismissal could move the legal battle closer to its ultimate destination.The plaintiffs will appeal after a federal judge granted summary judgment to the NCAA on their remaining Title IX claims. No instance of defeat or what is perceived or deemed as defeat feels good, Gaines said. She added there were feelings of frustration with the basis of the dismissal, which indicated the NCAA was not subject to Title IX. Smith said the first reaction among the other women involved in the lawsuit was shock.She noted the NCAA has frequently celebrated Title IX and its role in the growth of women's college sports. Smith explained that 2022, the year Gaines confronted the issue at the swim championships, was the 50th anniversary of Title IX. Smith said many Title IX parties were thrown by the NCAA and individual universities to celebrate themselves. The plaintiffs were stunned to see the NCAA successfully argue it was not covered by the law it had publicly celebrated.Smith said watching Gaines compete against a 6-foot-4 male athlete while the NCAA celebrated him was mind-blowing given the current denial of responsibility. Jones described the other athletes as bewildered and shell-shocked by the outcome. She said the NCAA is an institution female athletes always believed had their backs and was bound by federal law. Jones added that even during her school years, the NCAA helped schools ensure compliance with Title IX.NCAA Governance and Legal AccountabilityJones argued the NCAA's structure makes the ruling especially difficult to accept. The organization is governed by representatives of its member institutions, many of which receive federal funding and are independently subject to Title IX. She said the NCAA is the controlling authority for collegiate athletics and sets nationwide policy, with a board of directors made up of university presidents.Gaines said the case is something she and the dozens of other plaintiffs would like to see before the Supreme Court. She wants the law of the land established once and for all regarding how large institutions like the NCAA can harm female athletes with little to zero accountability.Judge's Ruling and Federal FundingU.S. District Judge Tiffany R. Johnson ruled Monday that the evidence did not establish the NCAA as a recipient of federal financial assistance through its concussion-research collaboration with the Department of Defense. Because receiving federal assistance is required for liability under Title IX, Johnson entered judgment for the NCAA and closed the case. The Biden-appointed judge did not determine whether the NCAA's former transgender-athlete policy constituted sex discrimination.The lawsuit was filed in 2024 by Gaines and more than a dozen other current and former female college athletes. It challenged NCAA policies that permitted biological males who met certain eligibility requirements to compete in women's events. The case focused heavily on the 2022 NCAA Division I Women's Swimming and Diving Championships. Gaines tied former University of Pennsylvania swimmer Lia Thomas for fifth place in the 200-yard freestyle.Championship Case and Title IX AnniversaryThomas won the 500-yard freestyle national championship and used a women's locker room during the event. That championship coincided with the 50th anniversary of Title IX. Gaines and Smith said that detail made the NCAA's successful legal position particularly jarring. Gaines recalled the NCAA handing out shirts that said 50 years of Title IX creating opportunities for women.She noted the irony of being made to compete against a 6-foot-4 man at the time.