Adding Gender Identity/Expression To Boise State University s Non-discrimination Clause By Mike Esposito Draft:

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1 Adding Gender Identity/Expression To Boise State University s Non-discrimination Clause By Mike Esposito Draft: As ever growing numbers of students attend Boise State University, the demographics of our institution change and include more diverse populations with unique needs. This institution has consistently maintained a commitment to serve all populations and to guarantee in all areas fair and equitable treatment. The enrollment of students and the hiring of staff that are transgender has already occurred and is occurring--on this campus. Faculty and staff of good conscious have tried to met the needs of the transgendered people with the same understanding and attitude they provide to all persons on this campus. But, without a clear university policy to follow, the overall response to transgendered individuals has been mixed. It is therefore time to develop a clear and unequivocal university policy regarding transgendered people. This paper therefore intended to be a starting point for discussing the addition of the phrase gender identity/expression to the university s nondiscrimination clause. Terminology To have a meaningful discussion on the topic of gender identity/expression, it will be useful to establish a common lexicon. Sex The classification of people as male or female. At birth, infants are assigned a sex based on a combination of bodily characteristics including: chromosomes, hormones, internal reproductive organs and genitals. Gender Identity One's personal sense of being a man or a woman (or a boy or girl.) For transgender people, their birth-assigned sex and their own internal sense of gender identity do not match. Gender Expression External representation of one's gender identity, usually expressed through "masculine" or "feminine" behavior, clothing, haircut, voice or body characteristics. Typically, transgender people seek to make their gender expression match their gender identity, rather than their birth-assigned sex. Transgender An umbrella term for people whose gender identity and/or gender expression differs from the sex they were assigned at birth. The term may include but is not limited to: transsexuals, intersex people, cross-dressers, and other gender-variant people. Transgender people can be female-tomale (FTM) or male-to-female (MTF). Use the descriptive term (transgender, transsexual, crossdresser, FTM or MTF) preferred by the transgender person. Transgender people may or may not choose to alter their bodies hormonally and/or surgically. Transition The complex process of altering one's sex. Transition includes some or all of the following: changing one's name and/or sex on legal documents, hormone therapy, and possibly some form of chest and/or genital alteration. -- Gay & Lesbian Alliance Against Defamation.

2 Colleges and universities that do not discriminate on the basis of gender identity/expression -American University -Arizona State University -Auburn University Montgomery -Barnard College -Ball State University -Beloit College -Brown University -Columbia University -College of William and Mary -DePauw University -Emory University -Dickinson College -Florida State University -George Washington University -Kutztown University of Pennsylvania -Lafayette College -Massachusetts College of Liberal Arts -New York University -New School University -Northern Kentucky University -Oberlin College -Purdue University -Ripon College -Stanford University -St. Lawrence University -Tufts University -University of California at Santa Barbara -University of Illinois -University of Iowa -University of Kansas -University of Massachusetts Dartmouth -University of North Dakota -University of Notre Dame -University of Tennessee at Knoxville -San Francisco State University -Wake Forest University Sample policy statements American University American University provides equal opportunity for all qualified persons in its educational programs and activities. The university does not discriminate on the basis of race, color, religion, national origin, sex, age, disability, marital status, personal appearance, sexual orientation, gender identity and expression, family responsibility, political affiliation, source of income, or Vietnam-era veteran status. It conforms with all applicable federal and state non-discrimination laws. This policy of non-discrimination applies to every aspect of the operations and activities of the university generally and includes admissions and employment. Brown University Brown University does not discriminate against any person because of race, color, religion, age, national or ethnic origin, disability, status as a veteran, sexual orientation, gender identity, gender expression, or sex, except where sex is a bona fide occupational qualification. The University will develop and from time to time update and affirmative action program and will insist on a good-faith effort on the part of its employees to comply with the program. The University will request and expect its agents and those with whom it conducts its affairs to meet the commitment of this important program. AA/FILES/POLICY/POLICY.HTML DePauw University Institutional decisions regarding hiring, promotion, compensation and admission will be based upon a person's qualifications and/or performance without regard to race, color, creed, religion, national origin, sexual orientation, disability, age, gender, gender identity or gender expression, except where religion, gender, or national origin is a bona fide occupational qualification.

3 University of Iowa The University of Iowa prohibits discrimination in employment and in educational programs and activities on the basis of race, national origin, color, creed, religion, sex, age, disability, veteran status, sexual orientation, gender identity, or associational preference. The University also affirms its commitment to providing equal opportunities and equal access to University facilities. U.S. jurisdictions with laws prohibiting discrimination on the basis of gender identity or expression States California Minnesota New Mexico Rhode Island Other 9 counties 50 cities Some employers who prohibiting discriminating against transgender people The Aerospace Corp. Aetna AFL-CIO Agere Systems AID Atlanta American Airlines Apple Computers Arise Communications Inc. Avaya Communication Bank One Bellingham, WA City Government* Box Office Tickets Inc. Capital One Financial Group CALLogistix National Call Center Dane County, Wis. City Government, also applies to city contractors Decatur, Georgia, City Government* Eastman Kodak Hewlett Packard Houston IBM Intel. J.P. Morgan. Kentucky State Government* Lexmark Levi Strauss & Co. *Refers to city or state employees only Lucent Technologies Metlife National Writers Union NCR Nike, Inc. One Source. Online Partners Pennsylvania State Government* PG&E Corp Pine Lake, Georgia City Government * Prudential Replacements Ltd. San Jose City Government* TAP Pharmaceutical Products Inc. State Bar of Texas Trillium Asset Management Verizon Wireless Vivendi Universal Walgreens Wilton Manors, Fl., City Government also applies to city contractors Worldspan L.P. Xerox Various members of Congress have policies prohibiting discrimination on the basis of gender identity and expression in their offices.

4 What would inclusion of gender identity/expression mean for Boise State? 1. Students and employees who are transgender would have a guarantee they would not be discriminated against in admissions, employment or access to services and facilities. 2. Forms and policies at the university would become gender-neutral in their verbiage. Gender specific questions could remain on forms, if needed; however a new check box of trans could be added. 3. The University s student and personnel management administrators would need to have the authority to alter the name and sex in all students and personnel on administrative records. 4. Transgender awareness education would be added to diversity training for managers and staff. This would relieve the burden of educating others from transgender students and employees. 5. Transgender students and employees should be allowed to use restroom facilities that correspond to their gender identity. Acknowledging the potential discomfort for both non-transgender and transgender individuals (especially those in transition), locks could be placed on bathroom doors to guarantee transgendered people s privacy; gender-neutral bathrooms (or unisex bathrooms) could also be designated on campus. The goal would be to have at least one bathroom designated as such in each building by the end of the next fiscal year. Facilities Operations and Maintenance would maintain a list of such bathrooms and provide the list for distribution to transgender individuals though various departments. 6. The same no-tolerance policy toward harassment of students and employees we have regarding other classes of individuals would be applied to transgendered individuals. No changes are anticipated in the established grievance processes. The administration and department heads would assert that transgendered individuals are valued and treat them with respect. Management-modeled respectful behavior can eliminate many hours of unproductive behavior. 7. The transgender status of anyone would be treated in the same private, confidential matter, as we would treat a medical condition. When someone is undergoing a transition that involves the cooperation of others in referring to him or her with the appropriate pronoun, the transition itself becomes a matter of public knowledge, but personal or intimate details about an individual's transition are their personal business and as such are entitled to confidentiality. Transgendered people may choose to open themselves to questions or educational sessions, but no one should be required to explain or justify her or his personal life or medical treatments to anyone. 8. Campus Recreation and Residence Life would need to discuss in their staff how best to reasonably accommodate transgender individuals in their respective facilities. Research of other institutions would be paramount. There would be a goal of having an established approach or policy by the end of the next fiscal year. What would inclusion of gender identity/expression NOT mean for Boise State? 1. It would not establish a quota system for transgender individuals. 2. It would not provide individuals the right to switch day to day from one gender expression to another. Students and employees have a reasonable expectation of stability in gender presentation of others. 3. It would not mean the elimination of gender-specific bathrooms or locker rooms. 4. It would not mean the elimination of gender-exclusive residence hall rooms.

5 Benefits of inclusion 1. Boise State University will be the first institution in the state of Idaho to adopt such a policy and hence become a leader on the issue. 2. It will provide fair and equitable treatment for individuals who too frequently subsist on the fringes of society. 3. It will prepare our general student body for a highly diverse work force. 4. It will enhance the educational experience by providing a comfortable climate for transgender Idahoans who might otherwise be reluctant to attend a college in this state.