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Colleges and Universities with Non-Discrimination Policies that Include Gender Identity/Expression

Colleges and Universities Prohibited from Discriminating Because of Non-Discrimination Laws in Their Jurisdiction

Colleges and Universities with Some Form of Gender Identity/Expression Protection or that Are Considering Adding Gender Identity/Expression to Their Non-Discrimination Policies

Ways that Colleges and Universities Meet the Day-to-Day Needs of Transgender Students

Non-Discrimination Laws and Policies in K-12 Schools

 

116 Colleges and College Systems Have Non-Discrimination Policies that Include Gender Identity/Expression* (the year the policy change went into effect, if known, is in parentheses)

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Colleges and Universities Prohibited from Discriminating Because of Non-Discrimination Laws in Their Jurisdiction

In addition to the colleges and universities that have proactively adopted transgender inclusive non-discrimination policies, colleges and universities located in jurisdictions that have passed transgender-inclusive non-discrimination laws or where courts have interpreted existing non-discrimination laws as covering transgender people are also bound by those laws (unless the law exempts particular kinds of educational institutions).  The colleges include:

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Colleges and Universities with Some Form of Gender Identity/Expression Protection or that Are Considering Adding Gender Identity/Expression to Their Non-Discrimination Policies:

Skidmore College:

In 2004, the Student Government Association passed a resolution, drafted by the Skidmore Pride Alliance, calling for the addition of "gender identity and expression" to the college's non-discrimination policy. The administration failed to act, so the Pride Alliance began a petition drive to amend Skidmore's nondiscrimination policy in fall 2005.

University of Houston, Clear Lake:

April 13, 2006-- The President of the University of Houston-Clear Lake has approved adding "gender identity or expression" to the university's non-discrimination policy. This follows approval from the University Life Committee, Faculty Senate Executive Council, Academic Council, Faculty Senate, and University Council. The proposal is now being sent to the University of Houston System Board of Regents for final approval.

University of North Carolina:

October 30, 2005--Students are seeking to have "gender identity or expression" added to the university's non-discrimination policy, but school officials say that the current policy is adequate. Story here.

University of Tulsa:

August 9, 2005--The University of Tulsa has added "gender identity" to its anti-harassment policy. Policy here.

See also:

January 30, 2008 -- Washington University in St. Louis will be piloting gender-neutral housing for upper-class students in 2008-09. An article about the change is here.

The June 2006 issue of GLBT Campus Matters features the article "How Have Trans-Inclusive Non-Discrimination Policies Changed Institutions?" by Brett Genny Beemyn and Jessica Pettitt. Article here.

March 12, 2006 -- The Undergraduate Council at Harvard University overwhelmingly passed a bill recommending that gender-neutral housing be available to all upperclass students. The student newspaper, The Harvard Crimson, supported the legislation in an editorial (available here).

Summer 2005 -- Student Affairs at North Carolina State University released a Transgender Needs Assessment, which was conducted by Jami Taylor, a Ph.D. student in Political Science and Public Administration there. The report is here (PDF).

The June 2, 2005 issue of the National Association of College and University Attorneys' NACUA Notes features the article "Gender Identity and Expression Issues at Colleges and Universities." Article here (PDF).

The Spring 2005 issue of On Campus with Women includes an article by Brett Genny Beemyn entitled "Trans on Campus: Measuring and Improving the Climate for Transgender Students." Article here.

April 2005 -- Multicultural student organizations at Northeastern University submitted a report to the administration entitled "Meeting the Needs of Transgender People at Northeastern University" (available here). The report led to the creation of the President's Subcommittee on Transgender Concerns, which will be responsible for addressing concerns raised in the report.

July 15, 2004 -- "Nondiscrimination Policy All Talk, No Action, Some Say; LGBT Activists [at the University of Pennsylvania] Question Whether Gender Identity Clause Will Yield Changes in Housing, Bathrooms." Story here.

May 16, 2003 -- "Out of the Closet, into Disguise: A Transgendered Male's Story." A profile of an Oregon State University student. See story here.

April 28, 2003 -- Smith College students voted to replace the use of "she" and "her" with gender-neutral pronouns in their student constitution. Like other women's colleges, Smith College is seeing a growing number of students identifying as transgender and wanting to be recognized and supported.

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Ways that U.S. Colleges and Universities Meet the Day-to-Day Needs of Transgender Students

by Brett-Genny Janiczek Beemyn
for the Transgender Law and Policy Institute

click here to view these guidelines as a separate document.
Health Care

Most colleges and universities fail to meet the basic health-care needs of transgender students. Because campus health and counseling center staffs typically lack training on transgender issues, many practitioners are not sensitive to or knowledgeable about the medical needs of transgender students. Even transgender students who encounter respectful and informed health center staff often cannot receive proper medical treatment, as most college insurance plans specifically exclude coverage for gender confirmation surgeries and related conditions, including hormone replacement therapy. To begin to provide better services to transgender students, the health and counseling centers at Cornell University, New York University, Ohio State University, Princeton University, the University of California, Riverside, and a number of other colleges and universities require or strongly encourage their staffs to attend a training on transgender issues.

Some campus health centers are also implementing structural and procedural changes to create a more welcoming environment for transgender students. New York University, for example, has developed private changing rooms and gender-neutral bathrooms for patient use, offers women's health exams outside of women's health services in cases where students are not comfortable in a women's space, and allows for students to have their preferred name used on medical records and announced when they are seen for an appointment. These trans-inclusive practices are outlined in a brochure created by the university's Office of LGBT Student Services (available online at http://www.nyu.edu/lgbt/transbrochure.pdf).

Although more students are coming out as transsexual and seeking to transition during their college years, campuses have been slow to address their health-care needs. Only the University of California, San Diego covers hormone replacement therapy and gender confirmation surgeries under its student health insurance plan (up to $25,000 in a given year). A few other institutions, such as Emerson College, Harvard University, Ohio State University, Penn State University, and Suffolk University, include just hormone coverage for transitioning undergraduates.

At some campuses, supportive physicians will provide transsexual students with a different diagnosis, such as an "endocrine deficiency," so that their insurance will pay for the cost. But students should not have to depend on finding a sympathetic doctor or have to hide their gender identities to receive appropriate, affordable health care. In 2004, the University of California system established an important precedent by changing its insurance plans to cover hormones, psychotherapy, and gender confirmation surgeries for its transsexual staff members and their spouses/domestic partners and children.


Residence Halls

Most colleges and universities assign housing based strictly on the individual's birth gender and have residence halls designated as single-sex by building and/or room. As a result, transgender students often lack safe and comfortable on-campus housing options. Schools are beginning to address this issue in a number of ways.

As a first step, some campuses are enacting a policy that supports transgender students in obtaining suitable, safe housing that is in keeping with their gender identity/expression. Ithaca College, Ohio State University, the University of California, Riverside, the University of Minnesota, and the University of Wisconsin are among the institutions with model trans-related housing statements. The University of California, Riverside's policy is available at http://out.ucr.edu/campus/transpolicy.htm.

Besides implementing supportive policy statements, a growing number of colleges and universities are creating gender-neutral housing options, in which students are assigned a roommate regardless of gender. The type and extent of gender-neutral housing offered varies by campus, and may involve individual suites, a hallway or floor, particular buildings or areas of buildings, or the majority of residence halls. More than 25 colleges and universities offer a gender-neutral housing option, from large, public universities like the University of California, Riverside and the University of Southern Maine, to small, private liberal arts institutions like Bennington College and Oberlin College. A complete list of campuses with gender-neutral accommodations and the specific school policies is available from the National Student Genderblind Campaign: http://www.genderblind.org/research.pdf.

Lesbian, gay, bisexual, transgender, and ally (LGBTA) living-learning programs or theme floors/houses offer another trans-supportive housing option. These programs typically include gender-neutral rooms and bathrooms. More than a dozen colleges and universities have established LGBTA housing, including Beloit College; Carleton College; Syracuse University; Tufts University; the University of California at Berkeley, Davis, Irvine, Riverside, and Santa Barbara; the University of Colorado, Boulder; the University of Iowa; the University of Massachusetts, Amherst; the University of Minnesota, Twin Cities; and the University of Vermont.


Bathrooms

Because gender-diverse students are often subject to harassment and violence when using male- or female-specific campus restrooms, a rapidly growing number of colleges and universities are creating gender-neutral bathrooms, either through renovations or by simply changing the signs on single-stall male/female restrooms. Currently, more than 150 campuses have gender-neutral bathrooms, including Oberlin College, which has two gender-neutral bathrooms in its student union and at least one in every residence hall; the University of California, San Diego, which has changed male/female signs on 88 single-stall restrooms in campus buildings; and the New College of California, where all campus bathrooms are gender-neutral. Many of the colleges and universities with gender-neutral bathrooms, including New York University, Ohio University, UCLA, and the University of Colorado, Boulder, list the locations of these restrooms on their websites.

Along with developing gender-neutral restrooms, some institutions, such as American University, Kent State University, Ohio State University, the University of California, Santa Barbara, and Washington State University, have implemented or are in the process of implementing policies requiring that all extensively renovated and newly constructed buildings include at least one gender-neutral bathroom.

The University of Arizona has established a bathroom policy that affirms that individuals have the right to use the bathroom that corresponds with their gender identity. The statement is available at http://fp.arizona.edu/affirm/restroomaccess.htm.


Locker Rooms

As with male and female bathrooms, public locker and shower rooms can be uncomfortable, intimidating, and even dangerous places for transgender students, who may be outed as transgender if they have to undress in front of others. Partly in response to this issue, a growing number of campuses, including Ohio State University, the University of Maryland, and the University of Oregon, have created private changing rooms when they have renovated or built new recreation centers. These facilities not only serve the needs of transgender students, but also parents with children of a different gender than themselves, people with disabilities who require the assistance of an attendant of a different gender, and anyone desiring greater privacy.


Forms

Having a "sex" category on forms that is limited to "Male" and "Female" makes transgender students feel disregarded, and with no means to identify themselves, they remain invisible to administrators and their needs continue to be overlooked. With these concerns in mind, some colleges and universities are changing forms in housing, admissions, health-care, and other areas of campus life where gender needs to be asked to enable transgender students to self-identify. For example, Oberlin College and the University of Hawaii ask "Gender: Male, Female, Transgender," and Tufts University and the University of Oregon ask "Gender: ________," on their housing applications. Duke University has students fill-in their gender on its admissions application.


Records and Documents

Being able to alter their records and documents is personally and legally important for many transgender students. Not only does having the appropriate name and gender listed reflect and validate their identity, but it can also allow them to avoid constantly having to explain why they use a name different from their birth name and why their appearance does not match a photo or gender designation on an identification card. Moreover, updated records and documents can ensure that transgender students will not be outed and will help protect them from discrimination when they apply for jobs, seek admission to graduate and professional schools, and at any other time that they must show a college document. Colleges and universities are addressing this issue by establishing simple procedures for transgender students to change their name and gender designation on all of their campus records, including identification cards, listings in electronic and print directories, and files in admissions, financial aid, the registrar's office, and the health center.

At the University of Utah and the University of Oregon, transgender students can change the gender designation on their main college record without evidence that they have had gender confirmation surgeries (GCS). Not requiring medical intervention is important, as most transitioning students are not in a position to have GCS, even if they desire it. At Ohio State University and the University of Maryland, transgender students can change the gender listed on their records by obtaining a letter of support from a mental health professional.

At the University of Michigan and the University of Massachusetts, Amherst, students can request that a preferred name be used instead of their legal name on course rosters and in various university information systems. Students do not need to have their name legally changed first. An FAQ about the University of Michigan policy can be found at http://www.umich.edu/%7Epolicies/preferrednamesFAQ.html.

At the University of Vermont, transgender students who are not yet able to change their name legally can still request an identification card with a name other than their birth name. Transgender students at American University and the University of Illinois, Chicago can request a new ID at no cost that has a gender-appropriate picture and that uses only their last name and the initial of their first name.



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Non-Discrimination Laws and Policies in K-12 Schools
(see also resources here.)

California:

In 1999, the state of California enacted into law the Student Safety and Violence Protection Act, which incorporates the transgender inclusive definition of gender from the California Hate Crimes Law). 

Los Angeles Unified School District.   Policy here in PDF.

San Francisco Unified School District.   Policy here.

See also California Safe Schools Coalition, Transgender and Gender Non-Conforming >Student Safety Directive here in PDF.

Colorado:

        Denver Unified School District. Policy here.

Georgia:

Decatur(2000)--"City Schools of Decatur shall not discriminate on the basis of race, color, national origin, sex, age, religion, handicap, sexual orientation, or gender identity in its programs and activities."

Kansas:

Lawrence--Policy here.

Michigan:

Kalamazoo--The Board of Education for Kalamazoo Public Schools voted unanimously on July 13, 2006 to amend the district's non-discrimination policy to include gender identification. The non-discrimination statement now reads: "The district will not tolerate or condone any act of bias or discrimination toward any person based on religion, race, color, national origin, age, height, weight, gender, pregnancy, gender identification, familial status, martial status, sexual orientation or disability in any of its activities, programs or services."

Minnesota:

The 1993 Minnesota Human Rights Law, which has a definition of sexual orientation that includes gender identity, explicitly applies to schools.

New Jersey:

In 2001, the state of New Jersey passed a bill that requires school districts to adopt harassment and bullying prevention policies that included gender identity and expression.  See the language of the bill, as enacted, here.

Marborough (2003)--Story here.

New York:

New York City --In September 2005, the NYC Department of Education revised its Discipline Code to state that students can be disciplined for using slurs, taunting, bullying, and engaging in physical violence based on a person's gender identity or expression. Policy here (PDF).

Rochester (2003)

North Carolina:

Guilford--The Board of Education for Guilford County Schools, North Carolina's third largest school district with an enrollment of more than 65,800 students and nearly 8,000 employees, passed Policy AC, Discrimination-Free Environment, at the January 13, 2004 Board of Education meeting. Policy here. (PDF)

Texas:

Denton County (2003)

Virginia:

Roanoke--In 2003, the Roanoke City public schools approved a policy inclusive of sexual orientation and gender identity in their Standards and Expectations for Student Behavior. Every student, teacher, and parent must read this policy, and every parent must sign the Pledge of Support and return it to the school, indicating that the student has taken the booklet home, shown it to their parent(s), and the parent(s) has read it.

Washington:

Washington public school non-discrimination policies were amended to include "gender identity" when the state's new anti-discrimination law took effect on June 7, 2006. For more information, contact the Safe Schools Coalition.


See also:

National Center for Lesbian Rights:

Beyond the Binary: A Tool Kit for Gender Identity Activism in Schools (PDF)

Fifteen Expensive Reasons Why Safe Schools Legislation is in Your State's Best Interest

Frequently Asked Questions on Safe School Policies

Getting Your School Board on Board: Pro Talking Points

Guidance for Drafting State Safe Schools Legislation

Harassment and Discrimination: A Legal Overview

Inclusion of Enumerated Categories in Safe School Legislation/Policies

Safe Place to Learn: Consequences of Harassment Based on Actual or Perceived Sexual Orientation and Gender Non-Conformity and Steps for Making Schools Safer . A 2004 report of the California Safe Schools Coalition and the 4-H Center for Youth Development. Full report here (PDF). Summary fact sheet here (PDF).

Sample Anti-Harassment Policy


Safe Schools Coalition:

The site, here, contains reports, handouts, and many other resources.


Transgender Law Center:

Transgender and Gender Non-Conforming Youth: Recommendations For Schools



If you know of other institutions that have enacted or are considering enacting trans-inclusive non-discrimination policies or that have implemented trans-supportive practices, please email brettgenny@stuaf.umass.edu.

Transgender Law and Policy Institute
For more information, please contact us
at info@transgenderlaw.org
Last edited: 1/31/2008