Navigating Gender Inclusive Policies for Transgender Students

This presentation addresses the implications of OCR's DCL on transgender students, highlighting the importance of gender-inclusive facilities policies. It delves into the background of the DCL, explores sample policies, discusses successes and challenges, and facilitates a group discussion on best practices. Relevant cases, such as resolutions with Downey Unified School District and Township High School District, showcase the progress towards accommodating transgender students in educational settings while ensuring privacy and protection from discrimination.

• Gender Inclusive Policies
• Transgender Students
• OCR DCL
• Title IX
• Education

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1. RESPONDING TO OCR'S DCL ON TRANSGENDER STUDENTS: A GENDER INCLUSIVE FACILITIES POLICY Presented by: David Tiscione Associate Director of Student Conduct and Compliance, Title IX Deputy

2. OVERVIEW Background of the DCL on transgender students HCC process and policy through Koetter s Framework (1996) Sample policies Successes and challenges Group discussion about best practices

3. BACKGROUND Title IX: No person in the United States shall, on the basis of , be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance sex

4. DEAR COLLEAGUE LETTER Title IX Q+A for DCL 2011 (April 29, 2014) Q-How should a school handle sexual violence complaints in which the complainant and the alleged perpetrator are members of the same sex? A- Title IX s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation

5. RELEVANT CASES Resolution agreement between OCR and Downey Unified School District (October 2014) Student is allowed access to locker room consistent with gender identity with privacy considerations Student is allowed access to activities associated with gender identity Student cannot be discriminated against for not presenting with social norms

6. RELEVANT CASES Resolution agreement between OCR and Township High School District (December 2015) Student is allowed access to locker room consistent with gender identity with privacy considerations District must keep sex assigned at birth and birth name as personally identifiable information and not disclose it for reasons that aren t related to a legitimate educational interest Student is allowed access to activities associated with gender identity Other parents sued for injunction, and Judge Jeffrey Gilbert wrote students do not have a constitutional right not to share restrooms or locker rooms with transgender students whose sex assigned at birth is different than theirs (Eldeib, 2016) This is a recommendation to District judge who makes final decision

7. RELEVANT CASES North Carolina passes HB2 (Public Facilities Privacy & Security Act, 2016) Passed in a special session after Charlotte passed legislation prohibiting the discrimination for LGBTQ individuals Eliminates discrimination protection for LGBTQ individuals Forces individuals to use restrooms and changing facilities consistent with sex assigned at birth Federal government sued North Carolina and UNC Judge issued preliminary injunction in August barring UNC from enforcing bathroom aspects of bill (Carcano et. al. v. McCrory et. al., 2016) Case has been appealed

8. RELEVANT CASES G.G. v. Gloucester County School Board (2016) Student in Virginia was granted permission to use men s restroom consistent with his gender identity until there were complaints filed Student was barred from using men s restroom Appealed to 4th circuit, policy was overturned based on Auer deference; cited Q+A Gloucester County School Board appealed to supreme court who issued a stay until they can consider it

9. DEAR COLLEAGUE LETTER ON TRANSGENDER STUDENTS (MAY 2016) Safe and nondiscriminatory environment Harassment that targets a student based on gender identity, transgender status, or gender transition is harassment based on sex, and the Departments enforce Title IX accordingly. Identification documents, names, and pronouns Must use pronouns consistent with gender identity Privacy and education records Cannot disclose that a student is transgender as personal identifiable information Sex and transgender status cannot be directory information, and people must be allowed to request non disclosure of directory information Institutions must receive requests to change educational record information and must follow their processes in doing so.

10. DEAR COLLEAGUE LETTER ON TRANSGENDER STUDENTS (MAY 2016) Sex-segregated activities and facilities Must allow students to use facilities consistent with gender identity (includes housing, locker rooms, and restrooms) Athletics can be sex-segregated but must be done with specific policies that are based on research Must allow transgender students to partake in classes or activities consistent with gender identity Guidance does not apply to all men or all women institutions or Greek life Dear Colleague Letter included Examples of Policies and Emerging Practices for Supporting Transgender Students (Department of Education, 2016)

11. RELEVANT CASES State of Texas et. al. vs. The United States of America et. al. (2016) 11 states sued the federal government arguing OCR did not have authority to interpret sex as gender identity (Alabama, Arizona, Georgia, Louisiana, Maine, Oklahoma, Tennessee, Texas, Utah, West Virginia and Wisconsin) Federal judge issued a national injunction on transgender guidance Appeal to circuit court is expected

12. RELEVANT CASES State of Texas et. al. vs. The United States of America et. al. (2016) Judge Nicholas Garaufis from New York said in a hearing on immigration, Somehow a court sitting in Brooklyn, New York, in the 2nd Circuit, must give full faith and credit to a decision of the Fifth Circuit which may be erroneous? That doesn't sound like justice to me....I don't know what's going on out there to Texas on the border but I know what's going on in New York. And I'm very concerned about it and I have absolutely no intention of simply marching behind in the parade that's going on out there in Texas, if this person has rights here (Gerstein, 2016)

13. KOTTERS FRAMEWORK FOR INSTITUTIONAL CHANGE (1996) Trained on it through Certificate in Alcohol Prevention Leadership Program Looked at 100 successful companies to create a step-by-step process to lead change

14. KOTTERS FRAMEWORK FOR INSTITUTIONAL CHANGE (1996) Step 1- Create a sense of Urgency Step 2- Build the team Step 3- Create a vision for change Step 4- Communicate the vision Step 5- Remove obstacles Step 6- Create short term wins Step 7- Build on the change Step 8- Anchor the changes in culture

15. STEP 1- CREATE A SENSE OF URGENCY Identified stakeholders Safezone Committee Title IX administrators Facilities Athletics Public Safety Students Utilized national news stories HB2 GG v. Gloucester County Schools DCL Often brought up the news stories and examples of how it could affect us Incident with Public Safety

16. STEP 2- BUILD THE TEAM Learned context of institution Started in February Institution is very bureaucratic, policy and chain of command focused Learned which stakeholders were most focused on getting a policy and resources Met with them to develop vision and create proposal Met with all other stakeholders to bring them on board

17. STEP 3- CREATE A VISION FOR CHANGE Our vision Written policy dictating facility use consistent with gender identity Written so we can anchor the changes in culture (Step 8) Serves as education for prospective community members and current community members Resource page for transgender individuals Include map of all gender facilities Include proposal Include future directions Include resources Plan assessment to get an all gender facility in every building Pass policy that all future buildings will have at least one all gender restroom Create consistent signage for all-gender facilities

18. BACKGROUND FOR POLICY Not many institutions have a written policy, but they may have practices or resources Utilized campuspride.com and google Searched for terms such as transgender bathroom, gender inclusive bathroom, all gender bathroom, gender neutral, etc. Utilized OCR Resource for Transgender students Reviewed information returned and adopted bits and pieces that fit HCC

19. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Published best practices list called Guide to Restroom Access for Transgender Works . The core belief underlying these policies is that all employees should be permitted to use the facilities that correspond with their gender identity (Occupational Safety and Health Administration, 2015).

20. PORTLAND COMMUNITY COLLEGE Has a webpage with information about their gender neutral bathrooms: https://www.pcc.edu/resources/qrc/gender-neutral.html.

21. TARGET Target published a policy document after North Carolina passed H.B. 2. We welcome transgender team members and guests to use the restroom or fitting room facility that corresponds with their gender identity (Target, 2016).

22. UNIVERSITY OF CALIFORNIA, RIVERSIDE Created policy located in the Residence Hall and documenting their practice on transgender bathroom use. Individuals should use bathrooms that correspond to their sex or gender identity, or utilize bathrooms designated gender-neutral. In the absence of an available gender-neutral bathroom, parents with children of a different gender and people with disabilities who have attendants/caregivers of a different gender are able to use male- or female- specific bathrooms (University of California, Riverside Housing, Dining, and Residential Services, n.d.).

23. UNIVERSITY OF ILLINOIS AT CHICAGO Published a recommendations document in regard to transgender bathroom use. In compliance with the University of Illinois Nondiscrimination Policy, which includes a commitment to the principles of human dignity based on sexual orientation including gender identity, individuals should be able to safely use bathrooms that correspond to their gender identity or feel most appropriate for them, or use bathrooms that are designated gender-neutral or gender-inclusive. Individuals should determine which option(s) is most appropriate or feels safest to them (University of Illinois Chicago Gender and Sexuality Center, 2014).

24. UNIVERSITY OF MASSACHUSETTS, AMHERST Created a policy documenting their practice on transgender bathroom use. The University of Massachusetts, Amherst strives to create and sustain a campus environment that supports and values all members of our community. One aspect of creating a supportive environment is providing safe, accessible, and convenient bathroom facilities. Students, staff, faculty, and campus guests should use the bathroom facilities that correspond to their sex or gender identity, or utilize bathrooms that are designated gender-neutral or gender-inclusive (University of Massachusetts, Amherst, 2016). University also created a resource page for transgender students explaining campus policies and resources for transgender students.

25. UNIVERSITY OF OREGON Has a webpage with information about all-gender restrooms including a map, policy to have one space in each building, and their policy statement. The policy statement reads, The University of Oregon affirms the right of all people to use the restroom of the gender with which they identify (UOut, 2016).

26. WASHOE COUNTY SCHOOL DISTRICT Created a regulation in regard to all-gender restrooms. Students shall have access to use facilities that correspond to their gender identity as expressed by the student and asserted at school, irrespective of the gender listed on the student s records, including but not limited to locker rooms (Washoe County School District Office of School Performance, 2015).

27. THE POLICY All-gender Facilities Policy 63.01E Howard Community College strives to provide safe, accessible, and convenient facilities. This policy is in compliance with Title IX and federal guidance and with the Howard Community College Non-discrimination Policy (63.01), which is based on Howard Community College s values including nurturing, integrity and respect. Therefore, students, staff, faculty, and campus guests should use restrooms, locker rooms, dressing rooms, or similarly purposed facilities that correspond to their gender identity or expression, or feel most appropriate for them, or should use restrooms, locker rooms, dressing rooms, or similarly purposed facilities that are designated all-gender*. Students, staff, faculty, and campus guests should determine which option(s) is most appropriate or feels safest to them.

28. STEP 4: COMMUNICATE THE VISION Briefcase presentation Met with stakeholders Facilities, athletics, student leaders, public safety, Title IX group, Safe zone group, webinar group Get feedback Address obstacles (Step 5) Get short term wins (Step 6) Create momentum

29. STEP 5: REMOVE OBSTACLES Obstacles faced: Negative attitudes toward transgender individuals Removed obstacle by educating and listening Always focused on transgender individuals AND those who may be uncomfortable with no policies Signage was confusing Listened to concerns Found examples Changed language from gender inclusive to all gender

30. (Ellis, 2015)

31. STEP 5: REMOVE OBSTACLES Obstacles faced: Public safety and others concerned about the what ifs What if someone takes advantage of this? What if someone is not comfortable with this? How do our officers approach this? Removed obstacle by having ready-made answers to questions Removed obstacles by creating an FAQ in the presentation VPs concerned about cost of getting all gender facility in every building Changed proposal to include assessment and plan to get all gender facility in every building Concern that athletics might think we want to take a specific bathroom Removed the bathroom from the list of existing single sex bathrooms on campus Worked it into a conversation and couched it as something they need to consider for their benefit

32. STEP 6: CREATE SHORT TERM WINS We figured out what we wanted to accomplish with each meeting. Get each group on board, so a much larger group was supporting the proposal Public Safety Get them to agree to a more inclusive practice Students Get them to agree to the language of the policy and utilizing all gender on signs Facilities Get them to buy into the idea of all gender facilities and explore short term changes Added all gender facilities to new building currently under construction Added all gender facilities to bathroom renovation project already budgeted Athletics Get them to begin considering how to utilize their space for all gender spaces

33. STEP 7: BUILD ON THE CHANGE Discuss how various departments are buying in Included future directions in proposal LGBTQ staffing Changing record keeping processes Creating a policy for athletics involvement Suggesting educational conversations to spread awareness

34. STEP 8: ANCHOR THE CHANGE IN CULTURE Make policy written Hold to proposal Create and change signage Meet deadline for assessment Create and build on webpage

35. WHERE ARE WE NOW? Policy and proposal is before president s team to be voted on Some facilities changes are in action Committee to look at records and other processes and assess for inclusivity of transgender people has been formed and is meeting Continue to speak it into existence Added gender identity discussion to training for faculty and staff

36. LESSONS LEARNED Change takes time Institutional culture is important HCC vs. Loyola Be willing to listen and engage Be flexible, but stay true to overall goal

37. WHAT ARE YOU DOING AT YOUR INSTITUTIONS?

38. REFERENCES Carcano et. al. v. McCrory et. al., 1:16cv236. (Middle District Court of North Carolina, 2016). Eilts, T. (2015). https://www.campuspride.org/resources/gender-inclusive-bathroom-signage-2/. Eldeib, D. (2016). Judge sides against parents who want to ban transgender student from locker room in District 211. Retrieved from http://www.chicagotribune.com/. G.G. v. Gloucester County School Board, No. 15-2056. (4th Cir., 2016). Gender and Sexuality Center. (2015). Recommendations for inclusive campus restrooms. Retrieved from: https://genderandsexuality.uic.edu/files/2014/03/Gender-Inclusive-Restroom-Recommendations-for-UIC.pdf. Gerstein, J. (2016). Judge reaffirms nationwide ban on Obama transgender school bathroom policy. Retrieved from http://www.politico.com/. Housing, Dining & Residential Services. (2016). Residence hall handbook. Retrieved from: http://housing.ucr.edu/assets/docs/pdf/residencehallhandbook.pdf. Kotter, J. P., (1996). Leading change. Boston, MA: Harvard Business Review Press. Lhamon, C. E., & Gupta, V. (2016). Dear colleague letter on transgender students. Retrieved from: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf. Occupational Safety and Health Administration. (2015). A guide to restroom access for transgender workers. Retrieved from: https://www.osha.gov/Publications/OSHA3795.pdf Office of Civil Rights. (2014). Agreement to resolve between Township High School District 211 and the U.S. Department of Education, Office for Civil Rights OCR case no. 05-14-1055 . Retrieved from http://www2.ed.gov/. Office of Civil Rights. (2014). Resolution agreement Downey Unified School District OCR case no. 09-12-1095. Retrieved from http://www2.ed.gov/. Office of Civil Rights. (2016). Questions and answers on Title IX and sexual violence. Retrieved from http://www2.ed.gov/. Office of School Performance. (2015). Administrative regulation 5161: Gender identity and gender non-conforming-students. Retrieved from: http://washoecountyschools.net/csi/pdf_files/5161%20Reg%20- %20Gender%20Identity%20v1.pdf. Portland Community College. (2016). All gender bathrooms. Retrieved from: https://www.pcc.edu/resources/qrc/gender-neutral.html. Public Facilities Privacy & Security Act, NC General Assembly HB2, 2016-3 State of Texas et. al. vs. The United States of America et. al., Civil Action No. 7:16-cv-00054-O (ND TX, 2016) Target. (2016). Continuing to stand for inclusivity. Retrieved from: https://corporate.target.com/article/2016/04/target-stands-inclusivity. The Stonewall Center (2016). UMass trans faq. Retrieved from: https://www.umass.edu/stonewall/resources/umass-trans-resource-guide#Bathroom access policy. Title IX, Education Amendments of 1972, Title 20 U.S.C. Sections 1681a. U.S. Department of Education. (2016). Examples of Policies and Emerging Practices for Supporting Transgender Students. Retrieved from http://www2.ed.gov/. UOut. (2016). Gender and identity expression. Retrieved from: http://lgbt.uoregon.edu/GetSupport/GenderIdentity.aspx.

39. Q+A