Student Transgender Support Policy

Student Support and Development Service Keele University 10 July 2013

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Our Commitment

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Transition Support The Transition Process

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Informing the University

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Transition Arrangements

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Changing Records

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Gender Recognition Certificate

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Managing Identity change

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Ongoing Support

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Telling People

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Award Ceremonies

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Practical Issues Appropriate Language

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Accommodation

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Confidentiality

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Sports and Leisure Activities

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Toilets and Changing Facilities

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Discrimination and Harassment

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Graduates Requesting Change of Status

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Relevant Legal Acts

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Appendix A: Terminology

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Appendix B: Keele contacts and further information

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Appendix C: Planner for supporting a student during transition

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1. Scope 1.1. This policy sets out Keele University’s commitment to the support of Transgender students. The first part describes our commitment to Transgender students and sets out the process and commitments university staff need to know about to offer support and manage students in transition. 1.2. The second part covers practical issues university staff and students should know about.

2. Our Commitment 2.1. Keele University recognises that there can be differences between physical sex and gender identity/expression and will at no time discriminate or victimise as a result of the gender in which a student presents, and will offer active support throughout any transition process. 2.2. Despite increasing public awareness of trans issues, a student, or applicant, may be worried about how the University or fellow students will respond. Students who feel unsupported may: • feel they cannot express their gender identity openly • feel they have to leave without completing their programme of study and make a fresh start somewhere else to coincide with their new gender identity • experience higher levels of anxiety, emotional distress and have a higher risk of suicide attempts and self-harm. • be more likely to be the victims of hate crime; both on and off campus.

Transition Support

3. The Transition Process 3.1. This is an overview of a typical transition. Each individual’s situation will vary depending on a range of factors, including whether or not a person opts for medical procedures. • A person realises that their physical gender is not the same as their gender identity • The person seeks medical advice and has a diagnosis of gender dysphoria

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• • • •

•

•

The person informs their institution that they intend to transition and commence living in the gender role consistent with their identity The person takes out a deed poll changing their name The transition may include medical intervention such as hormone therapy By presenting a deed poll, records can be updated to reflect any name change and their acquired gender. Former records must be kept and marked ‘confidential’ After two years of living in their acquired gender, whether or not this involved surgery, the person could apply for a Gender Recognition Certificate (GRC) A gender recognition certificate can be awarded and the person can be issued with a new birth certificate

3.2. At this stage the person is now legally recognised in their acquired gender – all documents and references that have not already been changed should now be changed

4. Informing the University 4.1. Students wishing to transition can seek support from a staff member they feel comfortable with and they will act as the primary contact. This might be, amongst others, their Personal Tutor, academic/administrative staff in an Academic School, a Counsellor or other member of Student Support staff. 4.2. Whoever it might be, it is very important that the student is also encouraged to talk to the Student Support and Experience Team in Student Support and Development Services to discuss their intent to transition. A Student Support Coordinator in the Student Support and Experience team will work with them to develop an action plan for their support over the period of their transition.

5. Transition Arrangements 5.1. The Student Support and Experience Coordinator will organise a meeting with the student and offer advice on the support available to them during transition. 5.2. An action plan, or at least a rough timescale, should be agreed to ensure appropriate steps are taken during the student’s transition. Such arrangements are not intended to be prescriptive and should be confidential, 4

with agreement on where copies should be kept and who should know of the transition. 5.3. An action plan will enable the University to make arrangements for time off study and to agree when changes to records should be made. Any plan and timescales should remain flexible in response to the student’s needs with special attention given to students in programmes of study that require them to undertake course placements. 5.4. This action plan may address: • The date when the student intends to commence any real-life experience, which may include the expected point of a change of name and gender, and the steps that need to be taken to prepare for that point and what amendments will be required to records and systems • What time off the student will need for medical appointments or procedures, and/or possible side-effects of any medication • If a student wants to continue their programme of study, supportive arrangements and adjustments are available • When to inform their department and whether the student wishes to inform fellow students in person, or would prefer this to be done for them • What emotional support can be put in place for the student if they feel that they require it, such as counselling or referrals to other relevant agencies. • Explain how the student is covered by existing policies relating to issues such as Confidentiality, Equal Opportunities etc. (See Appendix C for an example of an action plan.) 5.5. When a student starts to present in their acquired gender, relevant departments and services should ensure everything is in place to avoid any contradictory information. 5.6. It is appropriate to discuss how other colleagues and students will be informed. The trans student might want to do this themselves or might want it done for them. If this is the case, it is important that the trans person still has some control over what people are told.

6. Changing Records 6.1. Keele University understands that a student will want to change their name and gender at an early stage of the transition process, and that this change is reflected across all university documents, lists and registers.

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6.2. After a student informs the University of their intent to transition, we will update university records as soon as possible after a legal name change is made. If there is a pressing need to update some records, such as class lists for a field trip, we will try to do this ad hoc. 6.3. Making the Change: • •

• • •

The Trans student should make a statutory declaration or deed poll of their name change. They can choose to obtain a letter from their doctor confirming their gender role change and that the change is intended to be permanent. This is not required by the university but may prove useful when approaching other organisations. On receipt of a statutory declaration or deed poll, the university changes the student records to the new name, gender pronoun and the gender role marker – e.g. the ‘m’ or ‘f’ in records. The university informs the trans student of the changes, and reissues relevant documents as required e.g. Keele card, class lists etc Links may be maintained to former records, but these are highlighted as secure and in need of review by senior staff before opening. Any records of relevant absences, name change information etc. should be placed in a sealed envelope and attached to a new file with instructions such as, ‘Confidential: Head of Student Support and Development Only’. The Head of Student Support and Development should allow staff to view the information only if they require it and have the permission of the person concerned.

This process is lawful, widely accepted, and an example of best practice.

7. Gender Recognition Certificate 7.1. Later on when a student acquires a Gender Recognition Certificate, and is recognised as a member of their new gender (sex) for all legal purposes, they may contact the University and ask that their former name and gender is purged from old records. In almost all cases, this request is lawful and must be complied with so as to ensure the future privacy of their past identity. 7.2. All records held on paper file must be found and replaced with new records, and relevant information transferred to a new cover. For example, a student’s original offer letter will need to be replaced with an offer letter in their new name. Nothing should remain on the file that would disclose to a third party that a change has occurred. 8. Managing Identity change 6

8.1. In the early stages of transition, a trans person may not permanently present in their preferred gender as they may not feel able to do so until, for example, hormone therapy starts to alter their body. It can take several years to transition fully to the opposite gender, and during this time the trans person may experience extensive physical changes. 8.2. The full transition will not be instantaneous, so it may be necessary to update photographic identification throughout this period; in some cases the person may require identification in their former self as well as their new gender. Identify which of the following cards/name badges will need to be changed: • Keele Card • NUS card • Club and Society cards • Volunteer/mentor ID badges • Other ID badges • Gym membership cards • Placement ID cards • Email Address 8.3. Replace or alter the following documents if appropriate: • online records, e-portfolio/record of achievements, academic biographies • UCAS forms • all student records and databases, enrolment forms, finance records • programme and module lists • personal tutor records • welfare/disability/counselling records • volunteering and mentoring records • certificates, for example, council tax exemption, training attendance, degree • club and society membership records • finance and banking details • student loans company/local education authority informed 9. Ongoing Support 9.1. The University Counselling and Emotional Wellbeing Service is available to support students at any stage of transition, from pre transition to ongoing counselling through their time at Keele. The service can also offer advice to any students regarding issues around transition. 9.2. A trans person under medical supervision who has time off studies relating to their transition has the right to be treated in the same way as someone who is absent for reasons of sickness. Staff should also be aware that the possible side-effects of medication may adversely affect performance, and the student 7

may need reduced hours or duties for a temporary period when they return following surgery.

9.3. If the student requires time off it is important to discuss what process, support or adjustments are needed to ensure the student remains on their programme of study or can return when they have recovered.

10. Telling People 10.1. If appropriate, and with the agreement of the student, relevant colleagues in the following services may need to be informed: • • • • • • • • • • • • • •

Programme teams such as tutors, demonstrators and support staff Fellow students Student Loans organisations Financial Support office Records and Exams office Appeals and Discipline office International Office (for International Students) Student Support and Development Services Accommodation Library Sports Centre Volunteer placements Work based study placements Genuine Occupational Qualification posts

If there are any Genuine Occupational Qualification (GOQ) requirements during the student’s programme of study, volunteer placements or work based study these will need to be assessed for appropriateness.

11. Award Ceremonies 11.1. A student must legally change their name before a degree certificate can be issued in their new name, but it may be possible to have an award presented under a separate name to the legal one on the award, if a legal name change has not yet happened. See ‘Graduates Requesting Change of Status’ for retrospectively changing degree certificates.

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Practical Issues

12. Appropriate Language 12.1. The following informal guidelines on how to interact with people who are transitioning may be helpful for staff and fellow students. • Treat people how they present • Use the name and pronoun that the person asks you to. If you aren’t sure what the right pronoun is, ask or don’t use pronouns. If you make a mistake with pronouns, correct yourself and move on. The important thing is not to make a big deal out of it. • Respect people’s privacy. Do not ask what their ‘real’ or ‘birth’ name is. Trans people are often sensitive about revealing information about their past, especially if they think it might affect how they are perceived in the present. • Similarly, do not tell others about a person’s trans status unless permission has been granted and/or it has been agreed as part of a support plan for the individual student. If documents have to be kept that have the person’s old name and gender on them, keep them confidential. • Respect people’s boundaries. If you feel it is appropriate to ask a personal question, first ask if it is ok to do so. Personal questions include anything to do with one’s sex life, anatomy (not just genitalia) and relationship status – past, present or future. Questions such as ‘Are you on hormones?’ can be considered personal. • Listen to the person, and if necessary ask how they want to be treated.

13. Accommodation 13.1. It is preferable to offer a student who is transitioning, or intending to transition, accommodation in a mixed gender block. At the point they begin to live day-to-day in their own gender identity, their accommodation arrangements should be assessed for appropriateness and a room transfer offered if necessary. 13.2. If the student’s gender identity changes whilst living in Halls, Accommodation Services should move them to the most appropriate type of accommodation as soon as possible. If there is no suitable alternative on campus, releasing them from their contract should be considered and assistance provided to find them a suitable alternative. Where accommodation is provided privately, the University should ensure the providers have suitable processes in place to support transitioning students.

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14. Confidentiality 14.1. Confidentiality is crucial. Inappropriate, casual discussion of a trans student is unacceptable, as is disclosure that has not been agreed with the student. The action plan agreed with the student should make clear where disclosure will happen, and make clear the arrangements can be changed at any time if the student so wishes. 14.2. In specified circumstances, the Gender Recognition Act prohibits disclosure of the fact that someone has applied for a Gender Recognition Certificate (GRC), or disclosure of someone’s gender before the acquisition of a GRC. Such disclosure constitutes a criminal offence liable to a fine.

15. Sports and Leisure Activities 15.1. The Gender Recognition Act recognises that, in some circumstances, it may be appropriate to restrict a trans student from participating in certain competitive sports in their acquired gender identity. This is to ensure fair competition and the safety of all competitors. Such considerations are dependent on a number of physiological factors and should be decided after careful consultation with the involved parties. However the Act makes it clear that a trans person should be given the same access to sports clubs as a non-trans person. In addition, single-sex clubs should admit trans members, provided they can show identification in the appropriate gender.

16. Toilets and Changing Facilities 16.1. A trans person should have access to ‘men-only’ and ‘women-only’ areas – such as changing rooms and toilets – according to the gender in which they present. This may mean that a person changes the facilities they use at the point when they start to live in their acquired gender. In some situations, it may be helpful to explain the situation to other students who use the facilities; however, this should only be done following full consultation with the trans person, and if the trans person concerned wants this conversation to take place. It is not acceptable to restrict a trans person to using disabled toilets or other unisex facilities. Staff likely to deal with access to single sex facilities such as door staff in the Students’ Union, security teams, domestic and residential staff, should have specific training on how to manage complaints and concerns.

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17. Discrimination and Harassment 17.1. Bullying, harassment and discrimination are unlawful and will not be tolerated. Our policies protect the rights of trans people to dignity whilst living and studying at Keele University. Some examples of unlawful direct discrimination include: • • • • • • • •

refusing to support a student who is trans verbally or physically threatening a trans person or spreading malicious gossip about that person refusing to associate with or ignoring someone because they are a trans person refusing to address the person in their acquired gender or to use their new name sexual harassment of a trans person revealing the trans status of a person to others, either by disclosing information to individuals or groups – in other words, ‘outing’ someone passing judgment on how convincing a trans person is in their acquired gender refusing to acknowledge the rights of a trans person and failing to acknowledge that a transition has occurred

17.2. Transphobic propaganda, in the form of written materials, graffiti, music or speeches, will also not be tolerated. The University undertakes to remove any such propaganda whenever it appears on the premises. 17.3. When investigating a complaint of harassment or bullying it may be necessary to disclose the student’s trans status to named persons; this will only be done with written permission of the trans student. If the student feels unable to agree to such disclosure it must be explained to them how this will impact on the investigation and may limit the action that can be taken. 17.4. The University undertakes to ensure a prompt response to all complaints and to treat them with due respect, relevant confidentiality and fairness. In some instances, they may be dealt with informally. In others, there may be grounds for disciplinary actions, including dismissal or expulsion from the University.

18. Graduates Requesting Change of Status 18.1. Before documents can be changed retrospectively, the University will need: •

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A copy of Deed Poll /Statutory Declaration of Change of Name noting the ex-student's change of name, OR a Gender Recognition Certificate/Birth certificate.

• •

18.2. • • • • • •

The returned original degree certificate, or a signed affidavit stating that the original certificate is no longer in your possession and that you are unable to recover it. Standard payment for a replacement certificate to be paid in advance, as usual. The University will need to: Photocopy the deed poll name change document and/or the Gender Recognition Certificate/Birth certificate and file. Amend the full student record - surname, forenames, sex, title, initials as applicable. Add a confidential note to the student’s record explaining and documenting the change. Amend the Final Examinations and Preliminary Examinations files, again, making a note of the new details in the relevant place if the surname has changed. Amend the main Graduation List in the Graduation Office Amend thesis and other documents held in the Library

18.3. The relevant administrator should write to the following areas explaining that the student has changed their name: • • •

The relevant School Office (together with a copy of the relevant documentation outlined above) for their paper files to be amended. Student Records and Examinations (together with a copy of the relevant documentation outlined above) for any paper files to be amended. The Alumni Office for their paper and electronic files to be amended

18.4. If a Gender Recognition Certificate/Birth certificate is submitted then all records to the previous identity must be replaced by the new identity. No link must remain from the old identity to the new identity.

19. Relevant Legal Acts 19.1. The process of gender reassignment can take several years to complete and there are different legislative protections at each stage of the process: 20. The Sex Discrimination (Gender Reassignment) Regulations 1999 This legislation extended the Sex Discrimination Act (1975) to cover discrimination on grounds of gender reassignment in employment and vocational training which includes all higher education students. The 12

regulations cover direct discrimination, victimization and harassment on the grounds of gender reassignment. The regulations protect a person who intends to undergo, is undergoing, or has undergone gender reassignment from unfavourable treatment on the grounds of their gender reassignment. This includes people preparing for medical treatment. Protection applies from the moment when the person indicates their intention to start the reassignment process, even if they subsequently change their mind. 21. The Gender Recognition Act 2004 The legal position for a person who has fully transitioned is clear and unequivocal. The Gender Recognition Act 2004 allows trans people who are able to satisfy the Act’s evidence requirements to apply to a Gender Recognition Panel to seek full legal recognition. If a Gender Recognition Certificate is issued, and the person’s birth was registered in the UK, they will be able to obtain a new birth certificate which does not disclose the fact that they have changed gender. Thereafter, the Sex Discrimination Act applies to this person in the same way it would to anyone else. Anyone who acquires information about someone’s trans status is liable to criminal proceedings if they pass that information to a third party without the permission of the individual. 22. The Equality Act 2006 – the Gender Equality Duty The Equality Act 2006 amends the Sex discrimination Act 1975 to place a statutory duty on all public bodies such as the University, when carrying out their functions, to have due regard to the need to eliminate unlawful discrimination and harassment and to promote equality between men and women. As part of that duty the University is specifically required to address and eliminate discrimination and harassment of trans staff and students. 23. The Data Protection Act 1988 Under the Data Protection Act, trans identity and gender reassignment would constitute ‘sensitive data’ for the purpose of the legislation and must be processed as such. 24. The Disability Discrimination Act 1995 A trans person could be protected under the Disability Discrimination Act if their Gender Dysphoria leads to anxiety and depression on a long term basis, although there is no legal precedent at present. 25. The Human Rights Act 1998 The Human Rights Act provides protection to trans people, principally under the right to a private life in that this includes, amongst other things, the right to choose an identity, lifestyle and way to look and dress. 26. The Equality Act 2010 13

Gender reassignment is one of nine protected characteristics within the act, and it is also included in the Public Sector Equality Duty. The definition of gender reassignment within the act gives protection from discrimination to a person who has proposed, started or completed a process to change their sex. 26.1. The act offers more far-reaching protection from discrimination on the grounds of gender reassignment than existing equality law as it protects: • trans people who are not under medical supervision • people who experience discrimination because they are perceived to be trans • people from discrimination by association because of gender reassignment. For example, it would protect the parents of a trans person from being discriminated against because their child is transitioning

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Appendix A: Terminology Acquired Gender The new gender of a person who has had their gender reassigned and/or legally recognised. It is possible for an individual to transition fully without surgical intervention. Gender Gender consists of two related aspects; gender identity, which is the person’s internal perception and experience of their gender; and gender role or expression which is the way the person lives in society and interacts with others based on their gender identity. Gender is less clearly defined than anatomical sex and does not necessarily represent a simple binary choice; some people have a gender identity that is neither clearly male nor female. Gender Dysphoria / Gender Identity Disorder The medical term for the condition in which a person has been assigned one gender (usually at birth on the basis of their sex), but identifies as belonging to another gender, or does not conform to the gender role society ascribes to them. Gender Dysphoria is not a form of sexual deviancy or a sexual orientation. Gender Dysphoria is a highly personal and complex condition. Gender Presentation / Gender Expressions While gender identity is subjective and internal to the individual, the presentation of one’s self, either through personality or clothing is what is perceived by others. Typically, trans people seek to make their gender expression or presentation to match their gender identity, rather than their birth sex. Gender Reassignment/Transitioning Gender reassignment is a process that is undertaken for the purpose of reassigning a person’s gender expression by changing personal characteristics, including physiology. Any part of the process would be covered by the terminology. Gender Recognition Certificate (GRC) A certificate issued by a Gender Recognition Panel under the Gender Recognition Act 2004 means that a holder of a full Gender Recognition Certificate (GRC) is legally recognised in his or her acquired gender for all purposes.

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Real Life Experience This refers to a phase of gender reassignment in which the individual must live and work in their acquired gender before any medical procedures would be carried out. Trans An inclusive term for those who identify themselves as transgender, transsexual or transvestite. The word ‘trans’ can be used without offence to cover people undergoing gender transition; people who identify as someone with a different gender from that in which they were born but who may have decided not to undergo medical treatment; and people who choose to dress in the clothing typically worn by the other sex. This term should be used as an adjective. Transgender An umbrella term for people whose gender identity and/or gender expression differs from their birth sex. Transsexual Person A person who feels a consistent and overwhelming desire to transition their gender identity. Cross-Dresser A person who dresses in the clothing typically worn by the opposite sex. Generally, cross-dressing is not the same as Gender Dysphoria.

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Appendix B: Keele University contacts and further information Student Support and Experience Phone: (01782) 734481 Email: [email protected] Web: www.keele.ac.uk/sse

Counselling and Emotional Wellbeing Phone: (01782) 734187 Email: [email protected] Web: www.keele.ac.uk/studentcounselling/

Keele University Equality and Diversity Information Equalities Manager Phone: 01782 733807 Email: [email protected] Web: http://www.keele.ac.uk/hrss/equalitydiversity/ The Beaumont Society is a support network that promotes better understanding of the conditions of transgender, transvestism and gender dysphoria. www.beaumontsociety.org.uk

Depend is an organisation that offers free, confidential and non-judgmental advice, information and support to all family members, partners, spouses and friends of trans people. www.depend.org.uk

The Equality and Human Rights Commission is a statutory body with responsibility for protecting, enforcing and promoting equality across nine protected characteristics – age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, and sexual orientation. www.equalityhumanrights.com

The Forum on Sexual Orientation and Gender Identity Equality in Post-School Education was established in April 2007 to promote equality and good practice in employment and the provision of post-school education, with a specific focus on sexual orientation and gender identity, or transgender, equality issues. www.aoc.co.uk/en/Policy_and_Advisory_Work/employment/representation/for um_so_and_gi_equality.cfm 17

The Gender Identity Research and Education Society initiates, promotes and supports research, particularly to address the needs of people who have a strong and ongoing desire to live and be accepted in the gender in which they identify, although different from that assigned at birth. www.gires.org.uk The Gender Trust is recognised as an authoritative centre for professional people who encounter gender identity-related issues in the course of their work. In particular, this group includes employers, human resources officers, health workers and information services. National helpline: 0845 231 0505. www.gendertrust.org.uk Mermaids UK provides support and information for children and teenagers who are trying to cope with gender identity issues, and for their families and carers. www.mermaidsuk.org.uk Press for Change is a political lobbying and educational organisation that campaigns to achieve equal civil rights and liberties for all transgender people in the UK through legislation and social change. www.pfc.org.uk Transgender Zone is an online resource that covers all aspects of transgender issues, including a section specifically for female-to-male trans people. www.transgenderzone.com www.gendermatters.co.uk

C4 documentary www.channel4.com/programmes/my-transsexual-summer/4od

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Appendix C: Planner for supporting a student during transition Timetable Item

Who will lead

Date Planned to do by

Done

Who will lead

Date Planned to do by

Done

What is the likely timetable for transition? name change use of facilities (toilets, changing rooms) change of records

Name change Item

Which identification cards/name badges will need to be changed? Keele ID card National Union of Students card club and society cards volunteer/mentor ID badges fitness centre/gym membership card placement ID cards Which documents and materials need to be replaced or altered? online records, eportfolio/record of achievements, academic biographies all student records and databases, enrolment forms, finance records programme and module lists personal tutor records 19

welfare/disability/counselling records volunteering and mentoring records course representative posters and contact details committee minutes and records, for example, Exam Boards certificates, for example, council tax exemption, training attendance, degree club and society membership records payroll (and banking details) insurance policies student loans company/local education authority

Process Item

Should the following people be informed? If so how? programme teams students and colleagues support departments (finance, student records, accommodation, etc) work placement providers, volunteer placements committee secretaries club and society members If the student is, or will be, undergoing surgery Do they know when this will be? If the student requires time 20

Who will lead

Date Planned to do by

Done

off for surgery and recovery, what processes/support/adjustme nts are needed to ensure they remain on their programme of study or can return when they have recovered? Are there any professional or attendance requirements that may be affected by the person’s absence for medical assistance? Consider how students will be supported to ensure they can complete their programme of study on time

Training Item

Will there be a need to arrange any training for managers, colleagues or fellow students? catering staff Cleaners finance staff, academic staff students in the same tutorial groups Who will deliver this training? Equality and diversity team Trans people Student Support and Experience team SU reps

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Who will lead

Date Planned to do by

Done

Genuine occupational qualification (GOQ) Item Who will lead

Date Planned to do by

Done

Who will lead

Date Planned to do by

Done

Who will lead

Date Planned to do by

Done

Are there any GOQ requirements during the student’s programme of study?

Are there any GOQ requirements on volunteer placements or work-based learning?

Ceremonies Item

During awards ceremonies, what name will be used if a person’s name has not been legally changed?

During a degree ceremony, what name will be used if a person’s name has not been legally changed? on the certificate in ceremony programmes when read out

Discrimination Item

Are there clear guidelines and processes to deal with 22

direct or indirect discrimination, victimisation or harassment of a trans student or member of staff?

Are there clear processes to deal with discrimination on work placements?

How is the student made aware of these processes?

How are colleagues, other students, and work placement providers and contractors made aware of their responsibilities?

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