Enabling Trans Student Success
This presentation explores gender diversity, transgender communities, gender identity, gender expression, and terms like transgender and cisgender. It emphasizes the importance of creating a gender-inclusive campus climate for trans students to thrive.
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Working with Trans Students to Enable their Success Presentation by Cynthia Petersen Last updated March 19, 2015
Raising Awareness Educating students, faculty and staff about gender diversity and about the issues facing transgender communities is crucial for creating a gender-inclusive and positive campus climate for trans students.
Gender identity is each persons internal and individual experience of gender. It is a person s sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person s gender identity may be the same as or different from their birth-assigned sex. -Ontario Human Rights Commission s Policy on Preventing Discrimination Because of Gender Identity and Gender Expression.
Gender expression is how a person publicly expresses or presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person s chosen name and pronoun are also common ways of expressing gender. Others perceive a person s gender through these attributes. -Ontario Human Rights Commission s Policy on Preventing Discrimination Because of Gender Identity and Gender Expression.
Transgender (or trans) is an umbrella term referring to people with diverse gender identities and expressions that differ from stereotypical gender norms. It includes but is not limited to people who identify as transgender, trans woman (male-to-female MTF), trans man (female-to-male FTM), transsexual, cross-dressers, or gender non-conforming, gender variant or gender queer. -Ontario Human Rights Commission s Policy on Preventing Discrimination Because of Gender Identity and Gender Expression.
Cisgender (or cis) is an umbrella term referring to people whose own gender identity and gender expression match the sex (male/female) assigned to them at birth. It is a term coined in the 1990s to refer to people who are not transgender.
Demographics of Trans Ontarians
Roughly 1 in 200 Ontarians is Trans Distribution "Completely" transitioned (self-defined) 23% Living in birth gender 30% Transitioned socially and with some medical intervention 24% Transitioned without medical intervention 23% Reference: Scheim AI, Bauer GR. Sex and Gender Diversity Among Transgender Persons in Ontario, Canada: Results From a Respondent-Driven Sampling Survey. The Journal of Sex Research 2014
Passing as Cisgendered (Not Trans) Based on self-reports Always pass 22% Pass less than half the time or never 25% About half the time 8% Pass most of the time 45% Bauer G, Nussbaum N, Travers R, Munro L, Pyne J, Redman N. We ve Got Work to Do: Workplace Discrimination and Employment Challenges for Trans People in Ontario. Trans PULSE e-Bulletin, 30 May, 2011. 2(1).
Highly Educated, Underemployed Education Income 40 50 35 40 30 25 30 20 20 15 10 10 5 0 0 Y-axes expressed as percentage of respondents. Bauer G, Boyce M, Coleman T, Kaay M, Scanlon K. Who are Trans People in Ontario? Trans PULSE e-Bulletin, 20 July, 2010. 1(1)
Discrimination and Violence Because of their gender identity or expression: 73% of trans people reported being made fun of 26% reported being hit or beaten up 96% reported being told trans people aren t normal 39% reported being turned down for a job 32% reported having to move away 24% reported being harassed by police 67% reported fearing they will die young Longman Marcellin R, Scheim A, Bauer G, Redman N. Experiences of Transphobia among Trans Ontarians. Trans PULSE e- Bulletin, 7 March, 2013. 3(2).
Canadian Human Rights Act Bill C-279 (a private member s bill) would add gender identity to the list of prohibited grounds of discrimination in the Canadian Human Rights Act. It would also recognize crimes motivated by the victim s gender identity as hate crimes in the Criminal Code. It has been very controversial in the Canadian Senate and has not yet been passed.
Ontario Human Rights Code The Ontario Human Rights Code includes both gender identity and gender expression as prohibited grounds of discrimination. The Code covers employment (for provincially regulated employers), housing, and access to services, including educational services. The Code applies to Colleges and Universities in Ontario.
Goal of the Human Rights Code The creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community. -Preamble to the Ontario Human Rights Code
Human Rights Tribunal Decisions
Personal Identification Documents
XY v Ontario (2012 HRTO) The applicant (a trans woman) challenged s.36 of the Vital Statistics Act (VSA) To change one s sex designation on a birth certificate, the VSA required trans people to undergo sex reassignment surgery and get two doctor s certificates Held: The requirement is discriminatory.
XY v Ontario (2012 HRTO) Section 36 of the VSA is based on the stereotypical belief that transgendered persons can only be their gender by having surgery, and that surgery somehow changes them from male to female, or vice versa In reality, the majority of trans persons do not have surgery and yet are able to live in the sex associated with their gender identity. XY v Ontario, at paras 212-214
Personal Identification Approximately 48% of trans people in Ontario who have socially transitioned to live full-time in their felt-gender have no government-issued identification that reflects their lived gender. The complete absence of identification matching one s lived gender creates barriers to everyday activities of life. Reference: Bauer G, for the Trans PULSE Project. Trans Ontarians Sex Designations on Federal and Provincial Identity Documents: A Report Prepared for the Canadian Human Rights Commission. 15 November, 2012.
Barriers to Post-secondary Education Can get reference letters with current name and gender Can get academic transcripts with current name and gender Yes Yes No No N/A N/A Survey conducted in 2009-2010. Bauer G, Nussbaum N, Travers R, Munro L, Pyne J, Redman N. We ve Got Work to Do: Workplace Discrimination and Employment Challenges for Trans People in Ontario. Trans PULSE e-Bulletin, 30 May, 2011. 2(1).
The Importance of Respecting Gender Self-Identification
Vanderputten v. Seydaco (2012 HRTO) Ms Vanderputten transitioned (MTF) while working at a factory. She was told by her manager that she would be treated as male until management received legal or medical documentation confirming her sex reassignment. She was forbidden from using the women s changeroom and washroom at work. Her manager insisted on using male pronouns to refer to her.
Vanderputten v. Seydaco (2012 HRTO) Held: Management had created a poisoned work environment for Ms Vanderputten, which constituted harassment based on gender identity, contrary to the Human Rights Code. Vanderputten v Seydaco (2012 HRTO 1977)
The Post-Secondary Educational Context
Ontario Human Rights Code Right to Equal Treatment in Education Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. -Section 1 of the Ontario Human Rights Code
Best Practices for Colleges Recognize every individuals gender self-determination. Allow students to make their own decisions about how their gender identity will be presented on official documents. Use language and representations that reflect the gender diversity of the student body and campus community. Demonstrate institutional commitment to creating safe spaces on campus for trans people, including some dedicated spaces. Develop inclusive policies that acknowledge and welcome trans students. Be explicit about including gender identity and gender expression in non- discrimination policies and create procedures that respond adequately to acts of intolerance.
Humber Colleges Gender Diversity Policy (February 2015)
Purpose of the Policy Humber College has the rights, as well as the legal and moral responsibility, to ensure that all members of the College Community are treated fairly, equitably, and respectfully, in order to provide a learning, working and living environment that is free from harassment and discrimination on the basis of gender identity and gender expression. Humber College Gender Diversity Policy, Purpose available online at humber.ca/policies/gender-diversity-policy, approved February 10, 2014
Protection from Harassment and Discrimination on Campus The College will take every reasonable step to ensure that its learning, working and living environments are maintained free from anti-trans harassment and/or discrimination. The College will enforce the right of trans members of its community to equitable treatment without harassment and/or discrimination and may sanction any member whose behaviour violates the policy. Humber College Gender Diversity Policy, Section 1
Complaint Mechanism and Sanctions The College will take appropriate actions and apply appropriate sanctions against visitors (eg. barring them from campus) who are found to have engaged in harassment or discrimination on the basis of gender identity or gender expression. All members of the College community have a right to file a Human Rights Complaint with the College within 6 months of any occurrence. Humber College Gender Diversity Policy, Section 1
Confidentiality and Privacy Right to privacy of trans status is protected under the Policy. Outing (disclosing the trans status) of a trans member of the College community without the explicit and directly expressed consent of the individual is recognized as a form of anti-trans harassment and/or discrimination that puts the individual s physical, emotional and psychological safety at risk. Humber College Gender Diversity Policy, Section 2
Right to Self-Identification Self-identification is the sole and whole measure of a person s gender. No person shall be asked or required to prove their gender (by providing a doctor s note, identity documents, etc.) in order to gain access to any facilities, activities, initiatives and opportunities. Humber College Gender Diversity Policy, Section 1.1
Washroom Access The College will make efforts to ensure that all members of the community can use washrooms with safety, privacy and dignity, regardless of their gender identity or gender expression. All gender washrooms will be available on campus, will have inclusive signage, and will be identified on campus maps. Any member of the College community may choose to sue any all- gender washroom, regardless of their reason(s) for doing so. Humber College Gender Diversity Policy, Section 3
Athletics No member of the College community will be prevented from full and equal participation in Humber s intramural sporting, fitness or athletic activities on the basis of their gender identity. Humber College Gender Diversity Policy, Section 8
Change-room Access All members of the College community have the right to a safe change-room that corresponds to their gender identity. Where change-rooms do not have separate safety stalls, reasonable accommodations will be provided to meet the individual s particular needs (eg. access to a restricted area or office, a separate changing schedule, access to a single-use facility, etc.) Humber College Gender Diversity Policy, Section 4
All-Gender Residence The College is committed to providing residence accommodation that is inclusive, safe and respectful for all residents regardless of gender identity and expression. All-gender residence suites will be made available. Trans residents undergoing transition while in residence will be reasonably accommodated as their needs change during their transition process. Humber College Gender Diversity Policy, Section 5
Gender-Inclusive Language Trans members of the College community should confirm with the College the name and pronoun by which they prefer to be referred in correspondence and communications. Their preference will be respected by the College. Humber College Gender Diversity Policy, section 6
Gender-Inclusive Language All individuals within the College community are entitled to be referred to by the gender pronouns of their choice. Intentionally addressing a trans member of the College community by the incorrect name or pronoun is considered a form of anti-trans harassment and a violation of the policy. (Inadvertent slips or honest mistakes are not covered by this provision.) Humber College Gender Diversity Policy, section 6
Classroom Experience Trans students frequently complain about negative classroom experiences, such as: Being referred to by a legal name rather than their preferred name; Being misgendered by faculty or other students; and Being asked inappropriate intrusive questions about their gender identity by faculty or other students.
Best Practices for Faculty Refrain from roll call to take attendance until students have been given a chance to indicate their preferred name (so as to avoid revealing a student s prior name that may be listed on official documentation). Set a tone of respect by including a statement stressing the importance of referring to classmates by their preferred names and pronouns in the section of the syllabus establishing guidelines for classroom behaviour.
Best Practices for Faculty Be sure to correct students who use a wrong pronoun or name in referring to a classmate so that the burden of doing so does not fall on the student who is being referred to. Do not disclose any information about students gender identities. Be sensitive to the fact that trans students may not be out in all aspects of their lives. Refrain from asking personal questions of trans students that would not be asked of cisgender students.
Scenario for Discussion Gem is a student who uses the pronouns they and them. Professor Webb has assigned students, including Gem, to groups for workingn on in-class assignments throughout the term. Members of Gem s group insist on referring to Gem as she. After class, Gem approaches Professor Webb and asks to be exempted from group work. How should Professor Webb handle this situation?
Best Practices for Faculty Develop a gender inclusive curriculum. Trans students often experience erasure of their existence in the classroom (the curriculum is not relevant to their experience, is premised on cisgender normative assumptions, renders trans people invisible) or alternatively, trans students sometimes experience uncomfortable hyper-visibility because trans issues are treated as special units within the curriculum. Trans issues should be fully integrated throughout course materials.
Reporting Transphobia All members of the College community have a responsibility to uphold the principles set out in the Gender Diversity policy and to report (to a member of the College s management or to the Centre for Human Rights, Equity and Diversity) any incidents of anti-trans harassment or discrimination that they experience of witness. The policy protects individuals from reprisal for raising legitimate concerns about human rights violations. Humber College Gender Diversity Policy, Section 1
Legal Protection for Allies The Ontario Human Rights Code (section 12) also guarantees individuals the right to be free from discrimination because of association with members of a protected group.
Salsman v London Sales Arena A candle vendor rented a booth at the Trail s End market. Part of one day, the booth was staffed by a trans woman. Two trans friends kept her company. The manager of the market called the vendor and told her she could no longer sell candles at Trail s End if booth was similarly staffed. Salsman v London Sales Arena Corp, (2014 HRTO 775)
