LGBTQ+ Discrimination and Harassment in Educational Settings
Gender & Sexual Orientation Discrimination
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Source:
The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.
“Every single day at college, I
was harassed for being a
visibly trans woman. People
slowed their cars down to stare
at me, they shouted slurs at me
from their dorm windows,
insulted me in class, and a lot
more I’d rather not think about.
It got so bad that I tried to kill
myself twice over the course of
three months. Getting out of
that school has been the best
thing to have happened to me.”
Source:
The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.
“I was sexually assaulted at my
university. I was also attacked
and stalked. The university didn’t
do anything to help me. Instead,
it threatened to punish me. I
lived in terror the entire time I
was on campus. I was denied a
rape kit because I was
transgender and the police were
completely uninterested.”
2
of people who were out or perceived as
transgender in college or vocational
school were
verbally, physically, or
sexually harassed
.
3
Source:
The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.
24%
of respondents who were out or
perceived as transgender and who
experienced harassment,
left college
because the harassment was so bad.
4
Source:
The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity.
16%
LGBTQ General Statistics
1.
LGBTQ youth experience high rates of discrimination and harassment at school.
Eight in ten LGBTQ students reported their school engaged in LGBTQ-related
discriminatory policies or practices, with two-thirds saying that they personally
experienced this anti-LGBTQ discrimination.
2.
Less than one in five transgender youth say they are always called by their
correct pronoun and only a third are called by their correct name in school.
3.
Half of all transgender students are never able to use the correct restroom or
locker room at school.
4.
More than a third of these students don’t use any restroom at all throughout the
school day. This poses serious health risks to students and compromises their
educational opportunities
5
Source:
Human Rights Campaign, Student Non-Discrimination Act,
https://www.hrc.org/resources/student-non-discrimination-act
and
GLSEN 2015 National School Climate Survey, National School Climate Survey, https://www.glsen.org/article/2015-national-school-climate-survey.
A Significant Decrease in Comfort in Personal
Situations
Gay & Lesbian Alliance Against Defamation (GLADD) commissioned a Harris
Poll to measure American’s attitudes to LQBTQ people and issues over
time.
2018 survey - decline with people’s comfort year-over-year in every LGBTQ
situation, losing ground that had been gained during the last four years.
6
Source:
GLADD – Accelerating Acceptance 2018 study, https://www.glaad.org/publications/accelerating-acceptance-2018.
Discrimination Experienced Increases by 25%
7
Consistent with the erosion of tolerance, the report showed a “significant
increase” year-over-year in the percent of LGBTQ community members
who reported having experienced discrimination based upon gender
identity or sexual orientation.
Source:
GLADD – Accelerating Acceptance 2018 study, https://www.glaad.org/publications/accelerating-acceptance-2018.
Campus is Generally Seen as a Positive Environment
8
Increased
independence
provides
space for
privately and
safely
exploring
sexuality and
gender.
.
Provides
academic
opportunities
to learn
about
LGBTQ
history,
culture and
people.
9
Source:
Study: Gay and lesbian teachers fear retaliation in face of homophobia at school,
https://www.glaad.org/blog/study-gay-and-lesbian-teachers-fear-retaliation-face-homophobia-school.
Teachers that identify as gay
or lesbian are actually less
likely to challenge
homophobic language and
behavior in the classroom
and break room because of
the fear of unwanted
attention being brought to
their sexual orientation.
LGBTQ Discrimination Legal Context
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.
10
Source:
Human Rights Campaign, Student Non-Discrimination Act, https://www.hrc.org/resources/student-non-discrimination-act.
Although there have been numerous federal court rulings
interpreting the sex discrimination provisions of federal civil
rights laws to include discrimination based on gender identity,
sexual orientation, and sex stereotyping, this is under review by
the federal government. Many school districts and the Trump
administration continue to fail to recognize the rights of LGBTQ
students under Title IX. Several federal courts are currently
considering cases which could solidify rights for LGBTQ
students.
Non-discriminative, Transgender Supportive Policies
11
In Practice
•
Approach LGBTQ issues from an intersectional lens
•
Include sexual orientation and gender identity in institutional policy, not
waiting for government mandates
•
Establish a campus-wide steering committee or commission to oversee
LGBTQ issues across student and employee policies
•
Conduct an audit of gender inclusion in policies and a process mapping
exercise
•
Collect sexual orientation and gender identity information in a sensitive,
systematic way and only when relevant
•
Allow students choice in pronoun and name
•
Advocate for inclusive campus healthcare
•
Offer information on LGBTQ students in new faculty and staff orientation
12
Housing Policy Considerations
Consider - Students can choose to be housed in keeping with their identity
when they inform that they are transgender. Every attempt will be made to
provide students safe and comfortable housing assignments.
13
Gender-inclusive housing:
•
Open to all students
•
Available for both new and returning students
•
Not sequestered to an LGBTQ specific floor
•
Offered in differing areas of campus and in
different housing types (double/single dorm
rooms, apartments, etc.)
•
Gender-inclusive bathrooms and showers
Source:
Best Practices for Supporting Transgender Students, Lamda Legal,
https://www.lambdalegal.org/know-your-rights/article/trans-supporting-students.
Bathroom and Locker Room Considerations
•
Allow individuals to use facilities in keeping
with their gender identity or provide
bathrooms designated as gender-neutral
•
Consider implications of lockable single use
rooms and multi-stall bathrooms
•
Offer increased privacy in locker rooms
whenever possible for all students
•
On single use facilities, use signage that
simply states “restroom”
•
Include gender-inclusive restroom notations
on maps
14
Source:
Best Practices for Supporting Transgender Students, Lamda Legal, https://www.lambdalegal.org/know-your-rights/article/trans-supporting-students.
A word on Insurance Coverage
M.U.S.I.C. Errors and Omissions Coverage
•
Coverage for the member institution for a wrongful act
•
Employees covered only if acting on behalf of the member
institution and under their employment requirements as
advised by the Employer
15
Questions?
Call Tony
Additional Resources
•
NAFSA article on LGBTQ+ Student Advising Guide for Education Abroad Professionals -
https://www.nafsa.org/Professional_Resources/Browse_by_Interest/Education_Abroad/Network_Resources
/Education_Abroad/LGBTQ__Student_Advising_Guide_for_Education_Abroad_Professionals/
.
•
Institutional Policies:
Purdue University -
https://www.purdue.edu/purdue/ea_eou_statement.php
Santa Ana College -
https://www.sac.edu/AboutSAC/Pages/nondiscrimination.aspx
•
Let’s Talk About It – A Transgender Survivor’s Guide to Accessing Therapy, Forge,
https://www.hrc.org/resources/sexual-assault-and-the-lgbt-community
.
•
Department of Labor & Occupational Safety and Health Administration,
Best Practices: A Guide to
Restroom Access for Transgender Workers, 2015,
https://www.osha.gov/Publications/OSHA3795.pdf
.
•
The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender
Equality,
http://www.ustranssurvey.org/
.
•
Eastern Michigan University, Office of Study Abroad, LGBTQ Guidance -
https://www.emich.edu/study-
abroad/students/diversity/index.php
.
16
?
This document and any recommendations, analysis, or advice provided by Marsh (collectively, the “Marsh Analysis”) are intended solely for the entity identified as the
recipient herein (“you”). This document contains proprietary, confidential information of Marsh and may not be shared with any third party, including other insurance
producers, without Marsh’s prior written consent. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance
brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors.
Any modeling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions,
conditions, information, or factors are inaccurate or incomplete or should change. The information contained herein is based on sources we believe reliable, but we
make no representation or warranty as to its accuracy. Except as may be set forth in an agreement between you and Marsh, Marsh shall have no obligation to update
the Marsh Analysis and shall have no liability to you or any other party with regard to the Marsh Analysis or to any services provided by a third party to you or Marsh.
Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or reinsurers. Marsh makes
no assurances regarding the availability, cost, or terms of insurance coverage.
LGBTQ+ individuals, especially transgender students, face alarming rates of discrimination and harassment in educational environments. From verbal abuse to physical assault, these students endure severe mistreatment that often goes unchecked. The lack of support and protection from institutions leads to high dropout rates among LGBTQ+ youth. The statistics highlight the urgent need for inclusive policies and practices to ensure the safety and well-being of all students.
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Gender & Sexual Orientation Discrimination Cindy Smail, Loss Control Consultant Marsh Risk Consulting
Every single day at college, I was harassed for being a visibly trans woman. People slowed their cars down to stare at me, they shouted slurs at me from their dorm windows, insulted me in class, and a lot more I d rather not think about. It got so bad that I tried to kill myself twice over the course of three months. Getting out of that school has been the best thing to have happened to me. Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity. 1 MARSH RISK CONSULTING
I was sexually assaulted at my university. I was also attacked and stalked. The university didn t do anything to help me. Instead, it threatened to punish me. I lived in terror the entire time I was on campus. I was denied a rape kit because I was transgender and the police were completely uninterested. Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity. 2 MARSH RISK CONSULTING
24% of people who were out or perceived as transgender in college or vocational school were verbally, physically, or sexually harassed. Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity. 3 MARSH RISK CONSULTING
16% of respondents who were out or perceived as transgender and who experienced harassment, left college because the harassment was so bad. left college Source: The Report of the 2015 U.S. Transgender Survey, National Center for transgender Equity. 4 MARSH RISK CONSULTING
LGBTQ General Statistics 1. LGBTQ youth experience high rates of discrimination and harassment at school. Eight in ten LGBTQ students reported their school engaged in LGBTQ-related discriminatory policies or practices, with two-thirds saying that they personally experienced this anti-LGBTQ discrimination. 2. Less than one in five transgender youth say they are always called by their correct pronoun and only a third are called by their correct name in school. 3. Half of all transgender students are never able to use the correct restroom or locker room at school. 4. More than a third of these students don t use any restroom at all throughout the school day. This poses serious health risks to students and compromises their educational opportunities Source: Human Rights Campaign, Student Non-Discrimination Act, https://www.hrc.org/resources/student-non-discrimination-act and GLSEN 2015 National School Climate Survey, National School Climate Survey, https://www.glsen.org/article/2015-national-school-climate-survey. 5 MARSH RISK CONSULTING
A Significant Decrease in Comfort in Personal Situations Gay & Lesbian Alliance Against Defamation (GLADD) commissioned a Harris Poll to measure American s attitudes to LQBTQ people and issues over time. 2018 survey - decline with people s comfort year-over-year in every LGBTQ situation, losing ground that had been gained during the last four years. Source: GLADD Accelerating Acceptance 2018 study, https://www.glaad.org/publications/accelerating-acceptance-2018. 6 MARSH RISK CONSULTING
Discrimination Experienced Increases by 25% Consistent with the erosion of tolerance, the report showed a significant increase year-over-year in the percent of LGBTQ community members who reported having experienced discrimination based upon gender identity or sexual orientation. Source: GLADD Accelerating Acceptance 2018 study, https://www.glaad.org/publications/accelerating-acceptance-2018. 7 MARSH RISK CONSULTING
Campus is Generally Seen as a Positive Environment Increased independence provides space for privately and safely exploring sexuality and gender.. Provides academic opportunities to learn about LGBTQ history, culture and people. 8 MARSH RISK CONSULTING
Teachers that identify as gay or lesbian are actually less likely to challenge homophobic language and behavior in the classroom and break room because of the fear of unwanted attention being brought to their sexual orientation. Source: Study: Gay and lesbian teachers fear retaliation in face of homophobia at school, https://www.glaad.org/blog/study-gay-and-lesbian-teachers-fear-retaliation-face-homophobia-school. 9 MARSH RISK CONSULTING
LGBTQ Discrimination Legal Context Title IX prohibits discrimination based on sex in federally funded education programs and provides legal recourse to redress such discrimination. Although there have been numerous federal court rulings interpreting the sex discrimination provisions of federal civil rights laws to include discrimination based on gender identity, sexual orientation, and sex stereotyping, this is under review by the federal government. Many school districts and the Trump administration continue to fail to recognize the rights of LGBTQ students under Title IX. Several federal courts are currently considering cases which could solidify rights for LGBTQ students. Source: Human Rights Campaign, Student Non-Discrimination Act, https://www.hrc.org/resources/student-non-discrimination-act. 10 MARSH RISK CONSULTING
Non-discriminative, Transgender Supportive Policies Admissions & Registrar Athletics Educational Programs Employment Residential Life & Facilities Student Affairs & Activities Student Health Insurance & Health Center 11 MARSH RISK CONSULTING
In Practice Approach LGBTQ issues from an intersectional lens Include sexual orientation and gender identity in institutional policy, not waiting for government mandates Establish a campus-wide steering committee or commission to oversee LGBTQ issues across student and employee policies Conduct an audit of gender inclusion in policies and a process mapping exercise Collect sexual orientation and gender identity information in a sensitive, systematic way and only when relevant Allow students choice in pronoun and name Advocate for inclusive campus healthcare Offer information on LGBTQ students in new faculty and staff orientation 12 MARSH RISK CONSULTING
Housing Policy Considerations Consider - Students can choose to be housed in keeping with their identity when they inform that they are transgender. Every attempt will be made to provide students safe and comfortable housing assignments. Gender-inclusive housing: Open to all students Available for both new and returning students Not sequestered to an LGBTQ specific floor Offered in differing areas of campus and in different housing types (double/single dorm rooms, apartments, etc.) Gender-inclusive bathrooms and showers Source: Best Practices for Supporting Transgender Students, Lamda Legal, https://www.lambdalegal.org/know-your-rights/article/trans-supporting-students. 13 MARSH RISK CONSULTING
Bathroom and Locker Room Considerations Allow individuals to use facilities in keeping with their gender identity or provide bathrooms designated as gender-neutral Consider implications of lockable single use rooms and multi-stall bathrooms Offer increased privacy in locker rooms whenever possible for all students On single use facilities, use signage that simply states restroom Include gender-inclusive restroom notations on maps Source: Best Practices for Supporting Transgender Students, Lamda Legal, https://www.lambdalegal.org/know-your-rights/article/trans-supporting-students. 14 MARSH RISK CONSULTING
A word on Insurance Coverage M.U.S.I.C. Errors and Omissions Coverage Coverage for the member institution for a wrongful act Employees covered only if acting on behalf of the member institution and under their employment requirements as advised by the Employer Questions? Call Tony 15 MARSH RISK CONSULTING
Additional Resources NAFSA article on LGBTQ+ Student Advising Guide for Education Abroad Professionals - https://www.nafsa.org/Professional_Resources/Browse_by_Interest/Education_Abroad/Network_Resources /Education_Abroad/LGBTQ__Student_Advising_Guide_for_Education_Abroad_Professionals/. Institutional Policies: Purdue University - https://www.purdue.edu/purdue/ea_eou_statement.php Santa Ana College - https://www.sac.edu/AboutSAC/Pages/nondiscrimination.aspx Let s Talk About It A Transgender Survivor s Guide to Accessing Therapy, Forge, https://www.hrc.org/resources/sexual-assault-and-the-lgbt-community. Department of Labor & Occupational Safety and Health Administration, Best Practices: A Guide to Restroom Access for Transgender Workers, 2015, https://www.osha.gov/Publications/OSHA3795.pdf. The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality, http://www.ustranssurvey.org/. Eastern Michigan University, Office of Study Abroad, LGBTQ Guidance - https://www.emich.edu/study- abroad/students/diversity/index.php. 16 MARSH RISK CONSULTING
This document and any recommendations, analysis, or advice provided by Marsh (collectively, the Marsh Analysis) are intended solely for the entity identified as the recipient herein ( you ). This document contains proprietary, confidential information of Marsh and may not be shared with any third party, including other insurance producers, without Marsh s prior written consent. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modeling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Except as may be set forth in an agreement between you and Marsh, Marsh shall have no obligation to update the Marsh Analysis and shall have no liability to you or any other party with regard to the Marsh Analysis or to any services provided by a third party to you or Marsh. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or reinsurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage.
