Working with Trans Students
to 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.”
-Ontario Human Rights Commission’s “Policy on Preventing
Discrimination Because of Gender Identity and Gender Expression.”
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.”
-Ontario Human Rights Commission’s “Policy on Preventing
Discrimination Because of Gender Identity and Gender Expression.”
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
Distribution
"Completely"
transitioned
(self-defined)
23%
Transitioned socially
and with some medical
intervention
24%
Living in birth gender
30%
Transitioned without
medical intervention
23%
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)
Based on self-reports
Pass less than half
the time or never
25%
Always pass
22%
About half the time
8%
Pass most of the time
45%
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
Education
40
35
30
25
20
15
10
5
0
Income
50
40
30
20
10
0
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 eBulletin, 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 Identification
Documents
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 reference
letters with current
name and gender
Can get academic
transcripts with current
name and gender
Yes
Yes
No
No
N/A
N/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 Respecting
Gender 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-Secondary
Educational Context
Ontario Human Rights Code
Right 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 nondiscrimination policies and create procedures that respond adequately to
acts of intolerance.
Humber College’s
Gender 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, Purpose
available 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.
Humber College Gender Diversity Policy, Section 1
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.
Humber College Gender Diversity Policy, Section 2
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 allgender washroom, regardless of their reason(s) for doing so.
Humber College Gender Diversity Policy, Section 3
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.
Humber College Gender Diversity Policy, Section 8
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.)
Humber College Gender Diversity Policy, Section 4
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.
Humber College Gender Diversity Policy, Section 5
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.
Best Practices for Faculty
• 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?
Best Practices for Faculty
• 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.
Humber College Gender Diversity Policy, Section 1
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