working with trans students to enable their success presentation by cynthia petersen last updated...

Working with Trans Studentsto 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.

Definitions

“Gender identity is each person’s 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.”


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.”


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

Living in birth gender30%

Transitioned without med-ical interven-

tion23%

Transitioned socially and with some medical intervention

24%

"Completely" transitioned (self-defined)

23%

Distribution

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)

Always pass22%

Pass most of the time45%

About half the time8%

Pass less than half the time or never

25%

Based on self-reports

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

< High sc

hool

High sc

hool diploma

Some co

llege

or unive

rsity

College

or unive

rsity

degree

Grad./p

rofessi

onal degre

e05

10152025303540

Education

<$15K

$15K - $29,999

$30K - $49,999

$50K - $79,999

$80K+0

10

20

30

40

50

Income

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).

Legal Protections

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 IdentificationDocuments

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 academic tran-scripts with current name

and gender

YesNoN/A

Can get reference letters with current

name and gender

YesNoN/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 RespectingGender 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-SecondaryEducational Context

Ontario Human Rights CodeRight 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 College’sGender 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, Purposeavailable 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.


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.


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.


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.


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.)


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.


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

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.


• 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?


• 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.


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)

Salsman v London Sales Arena

Tribunal found that both the manager (individually) and the market were liable for discrimination and ordered the following remedies:– $10k to trans staff person– $5k each to her friends at the booth– $20k to the cisgendered candle vendor (via protected

association under s. 12)– Mandatory training– Posting human rights fact sheets at market– Ensuring trans persons have access to washrooms on site

Salsman v London Sales Arena Corp. (2014 HRTO 775)

Resources• OHRC Policy on Preventing Discrimination Because of

Gender Identity and Gender Expression • ohrc.on.ca

• Humber College Gender Diversity Policy• humber.ca/policies/gender-diversity-policy

• TransPulse Project• transpulseproject.ca

• Humber Gender & Sexual Diversity Committee• humber.ca/lgbtq/

• LGBT Youth Line • youthline.ca