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VAWA, Title IX and trans* campus inclusivity : protections for trans* students, faculty and staff, and beyond

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VAWA, Title IX and trans* campus inclusivity : protections for trans* students, faculty and staff, and beyond
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Peterson, Matt
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Matt Peterson, M.S. (he/him/his) Director of Student Life/Title IX Coordinator Naropa University (Boulder, CO) Email: mpeterson@naropa.edu VAWA, Title IX and Trans* Campus Inclusivity: Protections for Trans* Students, Faculty and Staff, and Beyond #T9Trans

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Session Description Title IX. VAWA. Campus SaVE Act. The changing landscape of federal law and its impact on college campuses have captured national attention in the past few years. Recently, the US Department of Education has issued guidance that trans* students are protected from discrimination under Title IX. What does this really mean for colleges? This session discusses current trends and issues in trans* inclusivity under Title IX, and possible best practices for compliance and beyond.

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Why Trans* Inclusivity gender equity, which does not privilege one gender or set of genders over others. Therefore, referring to the specific legal content, gender identity equity would be correct. A key premise of this presentation, however, is to establish the minimum bar set by civil rights laws and their current interpretations, and then to push the conversation a step further toward full inclusivity.

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Why Trans* Inclusivity This title also acknowledges that there is a disparity between the inclusivity (read: belonging) experienced by cisgender individuals on college campuses at that experienced by individuals with transgender, genderqueer, gender non conforming, Two Spirit and other non binary gender identities. Transgender students are a vulnerable population on university campuses, and until recently very few protections have existed beyond the campus level (if even then) for trans* students, faculty and staff.

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Learning Outcomes Understand the requirements of Title IX and VAWA/Campus SaVE Act specifically as they pertain to gender identity Brainstorm ways to transcend minimum compliance standards on campus Discuss best practices and current trends regarding campus inclusivity

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Positionality White, cisgender male, queer Twelve years of experience in student affairs Four years of experience specifically with Title IX Advocate, social justice educator, critical pedagogue, geek PhD student at University of Northern Colorado (Not an attorney)

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Quick Definitions Sex : A medical term designating a certain combination of gonads, chromosomes, external gender organs, secondary sex characteristics and hormonal balances. Gender : A socially constructed system of classification that ascribes qualities of masculinity and femininity to people. Gender characteristics can change over time and are different between cultures. Gender Identity "woman," "transman" and "agender" but there are many more. Since gender identity is often conflated with sex, but they are separate concepts. Gender Expression : The way in which a person expresses their gender identity through clothing, behavior, posture, mannerisms, speech patterns, activities and more. ( Gender Equity Resource Center, UC Berkeley )

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Quick Definitions Compliance : Compliance can be narrowly defined to mean the process by which an organisation ensures that it observes and complies with the external statutory laws and regulations. ( ) Diversity : Individual differences and differences among and between social groups. ( ) Inclusion : The active, intentional, and ongoing engagement with diversity in ways that increase awareness, content knowledge, cognitive sophistication, and empathic understanding of the complex ways individuals interact within systems and institutions. ( ) Equity : The creation of opportunities for historically underrepresented populations to have equal access to and participate in educational programs that are capable of closing the achievement gaps in student success and completion. ( )

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Knowledge Check What do you already know about Title IX? About the Violence Against Women Act? About the Campus SaVE Act?

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Title IX basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal 20 U.S.C. § 1681 & 30 C.F.R. Part 106 (1972).

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Application All federally funded P 12 institutions All federally funded postsecondary institutions Enforced by the US Department of Education (Office of Civil Rights)

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Protected Classes Sex Gender Gender Identity* Gender Expression* on gender identity or failure to conform to stereotypical notions of masculinity or Page 5, (April 29, 2014).

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Title IX & Gender Inclusivity Arcadia Resolution Agreement July 24, 2013 Protections for transgender students under Title IX in K 12 setting Resolution agreement April 29, 2014 Q&A Document Specific guidance regarding sexual assault Identified gender identity and failure to conform to sex stereotypes Also reaffirmed that protections regarding sexual harassment and sexual violence apply to all students regardless of sexual orientation or gender identity

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VAWA Violence Against Women Act of 1994 Reauthorized in 2000, 2005, 2013 Intended to eliminate violence against women

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VAWA 2013 Goes into effect on July 1, 2015 Changes language around intimate partners Adds provisions for Tribes and Tribal governments, including jurisdiction Adds prevention education provisions Adds protections for battered immigrants Substantially changes funding Adds national origin and gender identity to hate crimes categories ( )

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Campus SaVE Act Section 304 of 2013 Reauthorization Adds domestic violence, dating violence and stalking to Clery Act crime statistics reports, as well as hate crimes with national origin or gender identity motivations Increases prevention education requirements Changes disciplinary procedures ( ; American Reauthorization Act )

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Exemptions to Title IX Some exemptions to Title IX include: Religious organization affiliated educational institutions Educational institutions for military services Educational institutions with traditional and continuing admissions policies Social fraternities or sororities, or voluntary youth service organizations (e.g. YMCA; Girl Scouts; Boy Scouts) ( )

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Religious Exemptions institution which is controlled by a religious organization if the application of this subsection would not be consistent with 20 USC 1681(a)(3) )

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Religious Exemptions George Fox University (OR): transgender students in university housing (single gender housing options) Spring Arbor University (MI): "The university has deeply held religious beliefs, based upon Biblical principles and the Book of Discipline, which do not allow for any sexuality, other than heterosexuality. The university also believes, based upon covenental relationships between men and women pervert God's intentions and result in sinful behavior that ruptures relationships between men and women, and ( ; )

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Social fraternities and sororities who have traditionally been single sex regardless of the type of university However, many chapters are including trans* members in their organizations The Association of Fraternity and Sorority Advisors have encouraged trans inclusive policies ( ) Fraternities/Sororities

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The following policies clarify participation of transgender student athletes undergoing hormonal treatment for gender transition: 1. A trans male (FTM) student athlete who has received a medical exception for treatment with testosterone for diagnosed Gender Identity Disorder or gender dysphoria team status to a mixed team. 2. A trans female (MTF) student athlete being treated with testosterone suppression medication for Gender Identity Disorder or gender dysphoria and/or Transsexualism, completing one calendar year of testosterone suppression treatment. (NCAA, ) NCAA

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Compliance is the minimum standard of law that must be met. However, in order to work toward full inclusion of students, faculty and staff pertaining to gender identity and gender expression, higher education institutions must transcend the minimum standard of law. Compliance vs Inclusion

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Break into groups. Brainstorm areas on your own campuses that (1) you have had success with trans* inclusion initiatives and that (2) your institution still needs work. Areas of consideration: Residence halls, student activities, curriculum, facilities, medical and mental health care, recordkeeping, university policies, support services Brainstorm

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Share your findings! Report Out

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Gender Equity Audit: Policies: Are gender equity policies written in gender inclusive ways? Identification: Are students able to identify their gender in inclusive ways? Curriculum: Are trans* materials and voices included in the curriculum? Training: Are educational opportunities available for constituents pertaining to gender inclusion? Specific Recommendations

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Curriculum: Embed trans* experiences and gender identity issues into curriculum Consider specific offerings, such as courses, minors or majors, or certificates Partner with study abroad organizations that have programs focused specifically on gender identity and expression studies Embed gender inclusion in syllabi and expectations Specific Recommendations

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Training and Development: All levels, but specifically new student orientation and new faculty orientation Are LGBT stories embedded in training materials, or are they still Pronoun use Transgender 101 Consider including gender pronoun preferences on nametags Specific Recommendations

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Health/Mental Health Train providers on trans* health care Data management systems should be equipped with gender inclusive categories Materials in waiting rooms should reflect authentic gender inclusion Campus health centers should have resource lists for trans* health services that cannot be offered on campus Specific Recommendations

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Residence Halls: Consider identifying an area of campus housing as gender inclusive Identify policies and procedures for housing exemptions for trans* students Specifically train all levels of residence hall staff on gender inclusion Embed gender inclusion in programming Specific Recommendations

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Facilities: showers/locker rooms Work with facilities management or campus planning to include these in all new construction as a matter of policy Map inclusive facilities for ease of location ( Promising Practices for Inclusion of Gender Identity/Gender Expression in Higher Education ) Specific Recommendations

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Identify a few key strategic priorities that you can address within your functional area Convene a trans* inclusion working group Include strategic partners and stakeholders (including trans* voices, Title IX staff, LGBT centers, residence life, campus safety, facilities, counseling, diversity and equity, etc.) Be patient full inclusion takes time, work and persistence! Next Steps

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Questions? Comments? Technical Support? Matt Peterson Director of Student Life & Title IX Coordinator Naropa University Email: mpeterson@naropa.edu Office Phone: 303.546.3549 Twitter: @HigherEdMattyP