EDC – 7 November 2014 Agendum 10 Student Trans Policy and Guidance Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. Definitions ........................................ ............................................... Purpose and Background................................................................. Trans Policy Statement..................................................................... Trans Respect Guidelines................................................................. Transitioning Process........................................................................ Support during Transitioning.............................................................. Example of Typical Transition Process.............................................. Transition Action Plan........................................................................ Practical Issues................................................................................. 4 5 5 7 7 8 9 10 10 9.1 Records and Data Protection................................... 10 9.2 Identification.............................................................. 11 9.3 Name Changes and Photo Records......................... 12 9.4 Degree Certificates and Award Ceremonies............ 12 9.5 Informing Relevant Departments.............................. 13 9.6 Accommodation........................................................ 14 9.7 Single-sex Facilities................................................. 14 9.8 Sports....................................................................... 15 9.9 Forms and Questionnaires....................................... 15 9.10 Disclosure and Barring Service (DBS)................... 15 9.11 Dress Codes........................................................... 16 9.12 Confidentiality......................................................... 16 10. Procedure for Graduates........................ .............. 16 11. Legislation.......................................................................... 17 i. Equality Act 2010.......................................................17 ii. Genuine Occupational Qualification...........................18 iii. The Gender Recognition Act 2004.............................19 iv. The Data Protection Act 1988....................................19 v. The Human Rights Act 1998.......................................19 UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 2 Appendices 1. Sample Correspondence.............................................................................. Letter 1(a): Telling the University about your intention to transition................................... Letter 1(b): Giving explicit consent to share information and update University records... 2. 3. 4. 5. Guidance for developing a Transition Action Plan....................................... Documents that may need to be amended.................................................. Glossary of Terms....................................................................................... Contacts List ............................................................................................... UoH Policy and Guidance for Trans Students/ Nov 2014 /AM 21 21 22 23 25 26 31 Page 3 1. Definitions This policy refers to terms that everybody may not be familiar with. The most commonly used terms ‘Transgender/Trans’, ‘Transsexual’ and ‘Gender Reassignment’ have been explained below. For the definition of other terms, please refer to Appendix 4 for the full glossary. Transgender (or Trans) An umbrella term for people whose gender identity and/or expression differs from that of their sex assigned at birth and includes transsexual and transvestite people. Transgender people may or may not alter their bodies to better fit with their gender identity through means such as hormones or surgery. Some intersex people identify as transgender but the two are not the same. The term should only be used as an adjective e.g. ‘transgender people’. Transsexual Transsexual people are those who identify with the opposite binary gender to their sex assigned at birth and seek to live permanently in this gender role. This is often accompanied by strong rejection of their physical primary and secondary sex characteristics and a wish to align their body with their preferred gender. Transsexual people might intend to undergo, be undergoing or have undergone gender reassignment treatment (which may or may not involve hormone therapy or surgery). The term should only be used as an adjective. Gender reassignment Gender reassignment (referred to as ‘gender affirmation’ by some trans people) is a process undertaken under medical supervision to reassign a person’s gender by changing their physical sexual characteristics. Gender reassignment or transition includes some or all of the following social, legal and medical adjustments: telling one’s family, friends, and/or colleagues; changing one’s name and/or sex on legal documents; hormone therapy; hair removal, voice therapy and possibly (although not always) chest and/or genital surgery. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 4 2. 3. Purpose and Background This policy and guidance document is designed to be a resource for staff who are supporting or advising students who are considering transitioning from the gender assigned at birth to the gender they identify with, are in the process of transitioning, or have transitioned. It also provides useful information for trans students on how they can expect the University to support them. In addition, it can be used to increase staff and student awareness of gender identity issues therefore ensuring past, current and prospective trans students are treated with dignity and respect and do not suffer any discrimination, harassment or victimisation. Given that the estimated number of trans people in the UK is nearly 500,000 (Reed et al, 2009), HEIs are likely to have trans people among their cohort. Trans people have been identified as a particularly vulnerable group, experiencing exclusion, oppression, high levels of harassment and discrimination as well as high suicide rates. It is therefore important that cisgender (antonym of transgender) staff and students appreciate the issues faced by trans students and are understanding and supportive of them, to ensure that they have a positive experience in all aspects of their university life. When an institution has a student who is transitioning or has transitioned to their preferred gender, a number of issues will arise, many of which are underpinned by legislation. This policy and guidance aims to describe those issues, summarise the law and suggest clear steps to follow. Trans Policy Statement The University of Hull celebrates and values the diversity of its student body and will seek to provide a positive learning environment free from discrimination, harassment or victimisation. The University recognises that there can be differences between physical sex and gender identity/expression and accepts every person’s experience of their gender identity as valid. The University will at no time discriminate against people on the grounds of transvestism, transsexualism, intersex conditions or any process of gender reassignment, begun or complete. Where this policy refers to ‘trans people’, it has in mind people living with any of these identities. When it refers to ‘gender identity’, it covers both the fixed identity of people living in the gender assigned at birth and the more fluid identities of many trans people. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 5 The University recognises that trans students come from diverse backgrounds and will strive to ensure they do not face discrimination on the grounds of their gender identity or in relation to other aspects of their identity, for example, their race, age, religion, marital status, disability or sexual orientation. In addition, assumptions will not be made about the sex of partners of trans students. The University will endeavour to undertake the following:- Ensure students will not be denied access to courses, progression to other courses, or fair and equal treatment while on courses because of their gender identity. Respect the confidentiality of all trans students and will not reveal information without the prior agreement of the individual. Eliminate transphobic abuse, harassment or bullying (name-calling/derogatory jokes, unacceptable or unwanted behaviour, intrusive questions). These are serious disciplinary offences and will be dealt with under student disciplinary procedures. Deal with transphobic propaganda, in the form of written materials, graffiti, music or speeches. This will not be tolerated and the University undertakes to remove any such propaganda whenever it appears on the premises. Provide a supportive environment for students who wish their trans status to be known. However, it is the right of the individual to choose whether they wish to be open about their gender identity. To ‘out’ someone, without their permission is a form of harassment and, possibly, a criminal offence. Include gender identity issues in equality training where relevant. Include gender identity in relevant surveys, and when monitoring complaints of harassment, in consultation with trans students. Provide appropriate facilities for trans students where ever possible. In providing accommodation for students, any concerns or issues raised by trans students will be handled by the Accommodation Office and will be treated fairly and in line with the University’s obligations under equality law. Provide positive support to students undergoing medical and surgical procedures related to gender reassignment so as to meet their particular needs during this period. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 6 4. Trans Respect Guidelines The following informal guidelines on how to treat people who are transitioning may be helpful for staff supporting trans students. Accept the student’s experience of their own gender identity as valid. Always use the name and pronoun that the person asks you to. If you aren’t sure what the right pronoun is, ask. If you make a mistake with pronouns, correct yourself and move on. Don’t 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, respect their privacy. Do not tell others about a person’s trans status. 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 acceptable to do so. Personal questions include anything to do with one’s sex life, anatomy, relationship status – past, present or future. Medical enquiries or asking questions such as ‘Are you on hormones?’ are inappropriate and considered personal. Listen to the person, and ask how they want to be treated and referred to. 5. Transitioning Process The decision to undergo medical transition or to live openly as a different gender to that assigned at birth is not something a person undertakes lightly. The duration before surgery is considered can be 1-2 years and most trans people will have lived in their ‘internal gender role’ for a year before they even start hormone treatment. However, this time can be reduced if the individual goes through private medical channels. The University recognises that while some people transition from one gender role to another with relative ease, others do not and that, if a person is undergoing a transition, this is likely to impact on their ability to study. The range of issues that a transgender person has to deal with during the transition process is extensive, for example: UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 7 psychological assessment to confirm diagnosis obtaining funds for treatment dealing with the effect on family relationships managing disclosure to others carefully living in their ‘internal gender role’ for a period of at least one year if genital surgery is desired changing an extensive list of documents to protect identity responding to the reactions of others which can sometimes include transphobic related abuse or violence In addition, the stress of transitioning and related issues can cause considerable stress and result in individuals suffering from depression. 6. Support during Transitioning A student going through the process of gender reassignment can seek support from the Head of Student Support Services, their Personal Supervisor, Student Success Advisors, the Hull University Union Advice Centre or the Student Wellbeing Service. In addition the Hull University Union has a LGBT+ Liberation Group and Trans representative who can provide valuable support. The Equality and Diversity Advisor will provide advice on any aspect of this policy. For effective co-ordination of their support, it is recommended that the student in the first instance contact the Head of Student Support Services. If for any reason this is not possible, contact their Personal Supervisor or Student Success Advisor. These contacts will then liaise with the Head of Student Support Services. The Head of Student Support Services or their representative will advise on the process to be followed including any letters that need to be sent to the University advising about the transition process (see sample letters in Appendix 1). The Head of Student Support Services or their representative will work with the student to agree an action plan to cover the period of their transition. It is imperative that confidentiality is maintained at all times. See Section 7 below for an example of a typical transition process. Each individual’s situation will vary depending on a range of factors, including whether or not a person opts for medical procedures, and whether they are UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 8 receiving medical assistance privately or on the NHS. Gender reassignment via the NHS at present may take up to 2 years from first contact with a GP to Hormone Replacement Therapy. Gender reassignment surgery is likely to take at least 18 months from a person’s first visit to a Gender Identity Clinic. Example of Typical Transition Process 1. 2. 3. 4. 5. 6. A person identifies, or has always known, that they do not belong to the gender they were assigned at birth and decides to start the transitioning process. The person is diagnosed with gender dysphoria. The person informs their institution that they are going to present in a different gender to that assigned at birth, to commence a real-life experience. After at least three months, the person begins hormone therapy. At the person’s request, the institution updates its records to reflect any name change and gender. A new file is created and any documents revealing their former name and gender that must be kept are marked ‘Confidential’. 7. After at least 12 months of living openly in their ‘internal gender identity’, the person may undergo genital surgery. 8. After two years of living openly in their ‘internal gender identity’, whether or not they have undergone surgery, the person applies for a Gender Recognition Certificate. 9. 10. A Gender Recognition Certificate is awarded and the person is issued with a new birth certificate. The person is now legally recognised in their ‘internal gender identity’ and all documents and references that have not already been changed must now be changed. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 9 7. 8. Transition Action Plan If the time is right for the student and their main contact person, it will be helpful to write an action plan together for managing their transition whilst at the University. This will include agreeing dates of transition and communication plans. The University will be guided at all times by the individual’s preferences. Under no circumstances should any communication or actions be taken without the explicit consent of the student. Guidance for developing a Transition Action Plan with questions to aid the discussion of issues that need to be addressed is found in Appendix 2. It is also recommended that the person supporting the student to draw up an action plan familiarises themselves with the practical issues in Section 9. In putting together the action plan, absence management may be discussed. If the student will be absent for treatment or surgery this would be managed through the Intercalation Policy. For reference please see 'Student Handbook – Academic – Mitigating Circumstances’. This will enable a School to manage mitigating circumstances either through appropriate adjustments or through the student suspending for a while until they are able to attend as needed. Practical Issues 9.1. Records and Data Protection No records should be changed without the permission of the student concerned. If an individual discloses their status as a trans person, or gives notification of their intent to transition during education, the University will need to agree with them the date from which their gender and name is changed on all student records and public references, such as identification passes, library cards, contact details, email addresses, formal records, website references, and so on. Particular consideration should be given to agreeing the date from which a student applicant’s name and gender will change at the pre-enrolment stage, ensuring that UCAS or other application forms are amended. This will enable all subsequent identification to be produced accordingly. The applicant will need to notify the Student Loans Company and other funding bodies to ensure payment and enrolment records match. Subject to the agreement of the individual, and with the exception of degree certificates, a written notification of intent to transition is sufficient for the gender and name on student academic records to be changed. This is necessary to enable the student to go about their daily life without their birth gender being known. Asking a trans person to provide medical evidence of transition before UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 10 changing their name and gender on records is not recommended, as not all trans people opt for medical assistance. It is very important to ensure a trans person’s file reflects their current name and gender. Any material that needs to be kept that is related to the person’s trans status, such as records of absence for medical assistance, birth certificate and documentation of name change, should be placed in a sealed envelope and attached to a new file with instructions, ‘Confidential: Head of Student Services/Head of Student Administrative Services only’. The Head of Student Services should allow staff to view the information only if they require it to perform their specific duties and with the permission of the person concerned. When a trans person receives a Gender Recognition Certificate, they have the right to request that all references to their former name and gender are removed from old records to ensure their former identity is not revealed. All records held on paper file must be found and replaced with new records where reasonably practicable, and relevant information transferred to a new cover. For example, a person’s old birth certificate will need to be replaced with their new one. If the person has changed their name, their 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 person that a change has occurred. References for current or former students who have transitioned must make no reference to the person’s former names or gender, and must use the appropriate pronoun. Failure to do so without the individual’s consent would be a breach of the Data Protection and the Gender Recognition Acts. 9.2. Identification A full Gender Recognition Certificate (GRC) gives a trans person the means to obtain a new birth certificate, but a trans person can get other official identification that is reflective of their gender identity without a full GRC, including a passport and driving licence. Bank account details can also be changed without a full GRC. To obtain official documentation that is reflective of their gender identity, a trans person without a full GRC is required to provide a doctor’s letter stating their intention to transition permanently to their ‘internal gender identity’ and, if appropriate, a statutory declaration of name change. In circumstances where the University requires official confirmation of a person’s identity, students should be given the option of providing more than one type of official identification, for example a driving licence, passport or birth certificate. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 11 If a trans person is transitioning whilst at the University, following their statement of intent to transition, their student record should be changed at a mutually agreed time to reflect their gender identity and name. International students who are subject to the rules of the Home Office should be informed about the implications of transitioning in this country. In particular Tier 4 students who may need to take considerable sick leave or to intercalate may be required to leave the country. Advice must be sought from the Visa Support Team. 9.3. Name Changes and Photo Records Trans people can easily change their legal name by making a statutory declaration of name change. However, some trans people choose not to change their legal name immediately, or have no intention of changing their name. Young trans people, in particular, may use a name that differs from their legal name, such as a nickname or a shortened version of their full name. If a trans student changes the name under which they are registered at the institution, they should do likewise with the student loans company, their local authority, any sponsor, and their bank to ensure payments are not delayed. It can take several years to transition fully to one’s internal gender identity, and during this time the trans person may experience extensive physical changes. 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 role. 9.4. Degree Certificates and Award Ceremonies As a degree certificate is a legal document, the University will need to see legal proof of name change, to issue or reissue a certificate in a name different from that under which the student originally registered. This could include a birth certificate, deed of name change/ statutory declaration of name change or a new passport. If copies are submitted, they will need to be certified by a solicitor. Requests for award certificates to be replaced should be made in writing to the Student Administrative Services (Graduation). A copy certificate form will need to be completed and submitted with legal proof of name change and the original certificate returned. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 12 For Award Ceremonies, the University will support a student who wants to be announced in a way which is different from their full legal name and the student can do this by informing Student Administrative Services (Graduation) at least four weeks before the ceremony takes place. The 'Congregation Name' is the name which is read out at the ceremony if the student is attending. The University will issue the award certificate in the current legal name but will issue a new award certificate if requested. Asking students or alumni for evidence of medical supervision is not appropriate, as not all trans people will be under medical supervision. 9.5. Informing Relevant Departments The law recognises that someone under medical supervision who is transitioning may require substantial periods of time off study to undergo medical procedures. A trans person under medical supervision who has time off work relating to their transition has the right to be treated in the same way as someone who is absent for reasons of sickness or injury. Staff should also be aware that the possible sideeffects of medication may adversely affect performance, and the student may need reduced hours or duties for a temporary period when they return following surgery. Find out if the student is intending to undergo gender reassignment surgery and when this will be. If the student requires time off for surgery and recovery reassure them about the University’s support and 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. If the student is subject to Home Office Rules or they are a Tier 4 sponsored student, please seek advice from the Visa Support Office as students who take considerable time off on sick leave or who may need to intercalate may be required to leave the country for the duration of their sick leave or intercalation. If appropriate, and with the agreement of the student, the following people may need to be informed: Programme teams such as tutors and support staff; Fellow students and colleagues; Student loans company; Finance; Examinations Office; Visa Support Office: Student Wellbeing; Accommodation; Library; Sports Centre; Volunteer placements; Work based study placements. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 13 9.6. Accommodation All accommodation provided by the University is single occupancy rooms but facilities may be shared. Some corridors in halls of residence and some student houses are single sex to accommodate diverse needs. If the student has started the transitioning process as one gender in a single sex or mixed flat and needs to move to more suitable accommodation, the accommodation service will always look to move them to their preferred type of accommodation, space permitting. If there is no suitable alternative, releasing them from their contract will be considered. Where accommodation is provided privately, the University will ensure the providers have suitable processes in place to support transitioning students. Any trans student who experiences harassment, bullying or discrimination within their university residence should report it to their house tutor, warden, or the Head of the Accommodation Office. Trans students in private accommodation should report any incidences to the HUU Student Advice Centre or Student Support Services based in University House. The University also has a Dignity and Respect on Campus Scheme with trained advisors who can provide support and advice to students experiencing bullying, harassment or discrimination. They can be contacted directly from the Equality and Diversity website www.hull.ac.uk/equality . 9.7. Single-sex Facilities 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 openly in their ‘internal gender identity’. In some situations, it may be helpful to explain the situation to other students or staff 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. For a range of equality-related reasons, it would be good practice to consider the provision of private cubicles within existing changing facilities where possible. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 14 9.8. Sports The University Sports and Fitness Centre welcomes all trans Students who would like to participate in sports and fitness exercise of their choice. The Gender Recognition Act states that, in certain circumstances, it may be appropriate to restrict trans people from participating in competitive sports in their acquired gender. This is to ensure fair competition and the safety of other competitors as well as the trans person. Guidance from the Department for Culture, Media and Sport (DCMS, 2005) 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. If this is ever required advice should be sought from the Equality and Diversity Advisor. If it is unclear whether it is appropriate to allow a trans person to compete in a sporting event, the appropriate governing body should be consulted. For higher education competitive sports, contact British Universities & Colleges Sport, www.bucs.org.uk . Sports governing bodies should have a policy for competition that covers trans people. The restrictions on competition apply only to trans competitors; they do not apply to trans referees, coaches or club employees. 9.9. Forms and Questionnaires When designing forms or questionnaires, bear in mind that some people prefer a further option in addition to ‘male’ or ‘female’ as they do not fit into a binary categorisation. This could be a blank text box allowing self description of one’s gender. An option ‘prefer not to disclose’ is also helpful. It should also be made clear on forms requesting this information what the intended use is, as this may affect how some trans people respond. 9.10. Disclosure and Barring Service (DBS) The Disclosure and Barring Service has implemented a process specifically for trans people who do not wish to disclose their trans status to their placement provider or employer. Trans applicants are not required to put their former names or gender on their DBS application form, but they must contact the DBS’s sensitive applications team, ideally before their application is sent to the DBS. The trans person will need to send evidence of their previous name and gender with a covering letter confirming their current name, full address and a contact telephone UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 15 number. The sensitive applications team will then monitor the DBS application and deal with any queries that arise. Where a conviction or other relevant information has been recorded in a previous name, this will be revealed. The person’s former name and gender should remain confidential as long as the DBS has been advised of the conviction, or other relevant information, in advance by the applicant. 9.11. Dress Codes It is good practice to allow enough flexibility so that any dress codes do not reinforce binary gender choice or gender stereotypes. Dress codes that set out very specific and different requirements for men and women may create practical difficulties for some trans people. 9.12. Confidentiality 9. Confidentiality is crucial. In specified circumstances, section 22 of 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. Procedure for Graduates Before documents can be changed retrospectively, the University will need: A copy of Deed Poll ‘Statutory Declaration of Change of Name’ noting the exstudent's change of name, or; A letter from a relevant professional confirming that the gender reassignment has taken place, or; A Gender Recognition Certificate, issued by a Local Government Registrar’s Office; and The returned original degree certificate, or written confirmation that it has been lost or destroyed. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 16 As usual, the University will need to: Photocopy the deed poll name change document and/or the Gender Recognition Certificate. Amend the full student record - surname, forenames, sex, title, initials - as applicable (records such as previous accommodation are largely overwritten). Add a confidential note to the student's record explaining and documenting the change. Amend the Pass Lists (both Final and Preliminary - as applicable), again, making a note of the new details in the relevant place if the surname has changed too. 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 Conferment List in the Graduation Office. Amend thesis and other documents held in the Library. The relevant administrator should write to the following areas explaining that the student has changed their name: The relevant Faculty Office, School or Department (together with a copy of the relevant documentation outlined above) for their paper files to be amended. The Examinations Office (together with a copy of the relevant documentation outlined above) for their paper files to be amended. The Alumni Association for their paper and electronic files to be amended. 11. Legislation i. Equality Act 2010 The Equality Act 2010 has strengthened and streamlined previous equalities legislation. Gender reassignment is one of the nine protected characteristics within the Act and is also included in the Public Sector Equality Duty. Importantly, 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. As such, people do not have to undergo a medical process to assign a new gender to be protected by the Act. What matters is that a person has the intention to permanently live, or is already living in their preferred gender role. In short, the Act protects: UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 17 Trans people whether or not they are under medical supervision to undergo gender reassignment. People who experience discrimination because they are perceived to be trans people (whether or not they are). People who are discriminated against because of their association with a trans person. The Equality Duty covers transgender people and requires that the University has due regard to the need to: Eliminate discrimination, harassment and victimisation, Advance equality of opportunity and Foster good relations among all protected characteristics ii. Genuine Occupational Qualification (Equality Act 2010) In the vast majority of cases, a person’s sex is of no relevance to their ability to follow a programme of study. However, the Equality Act 2010 does recognise that, in some cases, being a particular sex can be a ‘genuine occupational qualification’ (GOQ). Gender-related GOQs may apply to students who want to specialise in areas such as health and social care, counselling and youth work. If a trans person has obtained a full Gender Recognition Certificate (GRC), they are deemed in law to be of the gender to which they have transitioned, and must be treated in that gender in regard to course placements where GOQs apply. If a trans person does not hold a GRC, or is transitioning while on a course that involves placements where GOQs apply, it is essential that the institution and the individual meet to discuss the situation as soon as possible. The Equality and Human Rights Commission recommends that HEIs should assume by default that a trans person is eligible for a placement, and seek expert advice in rare circumstances where the institution thinks otherwise. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 18 iii. The Gender Recognition Act 2004 The purpose of the Gender Recognition Act is to provide transsexual people with legal recognition in their acquired gender. Legal recognition will follow from the issue of a full gender recognition certificate by a Gender Recognition Panel. Before issuing a certificate, the Panel must be satisfied that the applicant: has, or has had, gender dysphoria, has lived in the acquired gender throughout the preceding two years, and intends to continue to live in the acquired gender until death. In practical terms, legal recognition will have the effect that, for example, a maleto-female transsexual person will be legally recognised as a woman in English law. On the issue of a full gender recognition certificate, the person will be entitled to a new birth certificate reflecting the acquired gender (provided a UK birth register entry already exists for the person) and will be able to marry someone of the opposite gender to his or her acquired gender. iv. The Data Protection Act 1998 Under the Data Protection Act 1998, trans identity and gender reassignment constitute ‘sensitive data’ for the purposes of the legislation. Therefore information relating to a person’s trans status cannot be recorded or passed to another person unless conditions under schedule 3 of the Data Protection Act for processing sensitive personal data are met. v. The Human Rights Act 1998 The Human Rights Act 1998 provides protection to trans people, principally under the right to a private life. The courts have interpreted the concept of ‘private life’ in a very broad way to cover, among other things, a person’s right to express a sexual identity, to live a particular lifestyle and to choose the way they look and dress. It also means that personal information (including official records, photographs and letters) should be kept securely and not shared without the permission of the individual concerned. In addition, the right to privacy states that unless a public authority is acting in accordance with the law, there should be no interference by a public authority with a person’s exercise of their right to a private life. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 19 REFERENCES DCMS (2005) Transsexual people and sport: guidance for sporting bodies. Department for Culture, Media and Sport, London. http://www.uksport.gov.uk/publications/transsexual-people-and-sport Reed, B., Rhodes, S., Schofield, P. and Wylie, K. (2009) Gender variance in the UK: prevalence, incidence, growth and geographic distribution. Gender Identity Research and Education Society. www.gires.org.uk/assets/MedproAssets/GenderVarianceUK-report.pdf UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 20 Appendices Appendix 1: Sample Correspondence You can send correspondence by mail or by email but please note that emails may be retained on the University systems for auditing purposes. The risk of your transgender history being revealed to others in the future as a result of retention of emails is considered to be low. However, if you are concerned about information being revealed to others in the future, you can choose to avoid email communication or limit the information you send by email or other electronic methods. Letter 1(a): Telling the University about your intention to transition Please email, post or take this letter to the Head of Student Support Services. Insert address. Date: xx/xx/xxxx Personal Identifier: xxxxxxxx Date of Birth: xx/xx/xxxx Dear Head of Student Support Services I am writing to notify the University that I am intending to transition to my ‘internal gender identity’. I have read the University Student Trans Policy and Guidance and I am advising you that I plan to change my name in the near future. As required by the policy, I hereby give you my explicit written consent to notify people on a need-to-know basis, so that a named contact can be appointed to provide support and develop a Confidential Action Plan that will address matters relating to changes to University records, disclosure to others and support available during my studies. I welcome the opportunity to discuss with my named contact how my transition may impact on my studies. I know it may take some time to put in place the appropriate arrangements. Yours sincerely [Your name as it is currently held by the University] UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 21 Letter 1(b): Giving explicit consent to share information and update University records Please email, post or take this letter to the Head of Student Support Services or named contact you have been allocated. Enter address Date: xx/xx/xxxx Personal Identifier: xxxxxxxx Date of Birth: xx/xx/xxxx Dear [Named contact] I am writing to grant you permission to discuss my transition to my ‘internal gender identity’ with other staff at The University of Hull on a strictly need-to-know basis, so that appropriate arrangements can be put in place to support me during my transition. Please also accept this letter as my consent to make the necessary arrangements for University documents, records and systems to be updated so that all references to me in my former name and gender are replaced with my new name and gender identity as stated below: New Title: e.g. Ms New Forename(s): xxxxxx New Surname (if applicable): xxxxxx Gender Identity: e.g. Female I confirm that I intend to commence living full time in my ‘internal gender identity’ from [date]. (Ideally this date should be at least 8 weeks away, but we will aim to accommodate your request earlier if we can and if this is acceptable to you). I welcome the opportunity to discuss changing records so that we can agree priorities and a reasonable timescale. Yours sincerely [Your name] UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 22 Appendix 2: Guidance for developing a Transition Action Plan The action plan should be confidential and discussion should take place to agree where copies are kept and who should have access to them. Encourage the student to contact the Head of Student Support Services, or their Personal Supervisor. In the case of a student in halls give consideration to whether the Warden should be involved in early discussions The following questions will enable you to consider a range of issues that may need to be discussed in developing an action plan. Not all the issues will be relevant in the first meeting and the action plan may need updating as other issues become relevant at a later stage. Has the student told anyone else, do they need any help with managing the reactions? What is the expected timescale of the medical and surgical procedures, if any? Is any time off required for medical treatment? If the student requires time off for surgery and recovery, what processes/ support/ adjustments 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 student’s absence for medical assistance? Consider how students will be supported to ensure they can complete their programme of study on time. Are there any GOQ requirements during the student’s programme of study; Volunteer placements; or work based learning? (Some roles may be more likely than others to include GOQ requirements, such as roles within: counselling, social care, NHS, charities, schools, women’s refuges, rape crisis centres). During awards ceremonies, what name will be used if a person’s name has not been legally changed? Consider: on the certificate, in ceremony programmes, when read out. What will the student’s new title and name be? When do they wish to start dressing and presenting in their internal gender role? Again, will this be phased? Are there any dress codes which need to be considered? (Do new uniforms need to be ordered?). UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 23 When does the student wish to use toilet and changing facilities appropriate to their internal gender role? Please note disabled toilets should not be suggested as an alternative. When, how and which records and/or systems will need amending? Consider for example: Online records, University ID card, Finance records, see further examples of records in Appendix 3. When and how should relevant colleagues/students in the school be informed of the transition? Will there be a need to arrange any training for staff or fellow students? Consider: cleaners, catering staff, academic staff, finance staff, students in the same tutorial groups. Who will deliver this training and what will it cover? Will the trans student want to be involved to share their experience and expectations? Record the actions agreed. Record the date of the meeting. Record the name of the student. Record the name of contact person assisting with this action plan. Note date of next meeting. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 24 Appendix 3: Documents that may need to be amended Identify which of the following cards/name badges will need to be changed: University of Hull Student card National Union of Students (NUS) card Club and Society cards Volunteer/mentor ID badges ID badges Gym membership cards Catering/food meal card Placement ID cards Course representative card Email Address Replace or alter the following documents if reasonably 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 supervisor 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 UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 25 Appendix 4: Glossary of Terms In order to understand the social, medical and legal implications of trans issues, it is important to be aware of the variety of terms that may be used. Acquired gender The gender identity 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. Binary gender A model which refers to the norms derived from the idea of a dichotomy of two mutually exclusive and biologically defined sexes to whom different roles and behaviour are traditionally ascribed. Many individuals find that this is too simplistic to describe their identity and so they do not define themselves in terms of this model. Cisgender The antonym of transgender. This term is used to describe those whose gender identity is congruent with their sex assigned at birth. Cisgender is, as such, a complementary designation to the term transgender. A transgender woman is a person who was assigned male at birth but who identifies as a female, while a cisgender woman is a person who was assigned female at birth and identifies as female. The term should only be used as an adjective e.g. ‘cisgender people’. FAAB/MAAB Female/male assigned at birth. This term is used to differentiate between which binary gender identity a trans person was assigned at birth. Fluid Identity The concept that identity is not rigid but can and does change. This idea is often used in terms of gender and sexuality, as well as other factors of identity. This concept is fundamentally contrary to binary systems. A person who feels their identity is fluid often believes that rigid categories are oppressive and incapable of accurately describing their experience and identities. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 26 FtM and MtF Female-to-male transsexual person. A person who is transitioning, or has transitioned from female-to-male. Male-to-female transsexual person. A person who is transitioning or has transitioned from male-to-female. 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 and anatomical sex (gender assigned at birth). 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 female nor clearly male. It should be noted that, for the purposes of the law, gender is binary – people can only be male or 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. People who have severe gender dysphoria are diagnosed with gender identity disorder. A person with gender dysphoria can experience anxiety, uncertainty or persistently uncomfortable feelings about their gender assigned at birth. This dysphoria may lead to a fear of expressing their feelings or of rejection and in some cases deep anxiety or chronic depression. It is effectively treated using methods such as counselling, hormone replacement therapy, surgery or simply social transition. Gender Identity Gender identity is a person's private sense, and subjective experience, of their own gender. This is generally described as one's private sense of being a man or a woman, consisting primarily of the acceptance of membership into a category of people: male or female. All societies have a set of gender categories that can serve as the basis of the formation of a social identity in relation to other members of society. In most societies, there is a basic division between gender attributes assigned to males and females. In all societies, however, some individuals do not identify with some (or all) of the aspects of gender that are assigned to their biological sex. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 27 Gender neutral Refers to something which does not have specific genders, e.g. gender-neutral toilet signage might include a WC or toilet symbol, but would not include any combination of the standard ‘male’ or ‘female’ figures. Gender presentation / Gender expression 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 match their gender identity, rather than their birth-assigned gender. Gender reassignment Gender reassignment is often referred to as Gender Affirmation Treatment by the Trans Community as they believe the treatment affirms their internal gender identity. This is a process that is undertaken under medical supervision for the purpose of reassigning (affirming) a person’s gender by changing physiological or other characteristics of sex or presentational characteristics of gender, and includes any part of such a process. Gender reassignment includes some or all of the following: cultural, legal and medical adjustments; telling one’s family, friends, and/or co-workers; changing one’s name and/or sex on legal documents; living in the other gender; hormone therapy and possibly (though not always) surgery. Gender Recognition Certificate 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 internal gender identity for all purposes. This means that the person in question now belongs to the sex other than that assigned at birth in both a legal and a social context. The GRC will be issued to an applicant if they can satisfy the panel that they fulfil all the criteria outlined in the Gender Recognition Act 2004. The Act requires that the applicant has, or has had, gender dysphoria, has lived in the acquired gender for two years prior to the application, and intends to live permanently in the acquired gender. A full GRC also gives the holder the means to obtain a new birth certificate. Internal Gender Identity The term ‘internal gender identity’ has been used in this policy instead of the terms ‘Acquired gender’ or ‘Preferred gender’ as it is favoured by trans people and recommended by our trans students. This is because it more accurately reflects their internal experience of their true gender. It is argued that the transition process does not change the gender they have always identified with, but helps to affirm that gender identity. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 28 Intersex This refers to those people who have genetic, hormonal and physical features that are neither exclusively male nor exclusively female, but are typical of both at once or not clearly defined as either. These features can manifest themselves within secondary sexual characteristics such as muscle mass, hair distribution, breasts and stature; primary sexual characteristics such as reproductive organs and genitalia; and/or in chromosomal structures and hormones. This term has replaced the term ‘hermaphrodite’ which was used extensively by medical practitioners during the 18th and 19th centuries but is currently considered offensive by intersex people. Legal definition of sex In the past, the legal sex of someone was defined by their birth certificate and could not be changed. The Gender Recognition Act 2004 means that people can now apply to gain recognition of their internal gender identity for all legal purposes. LGBT Lesbian, gay, bisexual and transgender/ transsexual. The forms of prejudice and discrimination directed against trans people can be very similar to those directed against lesbian, gay or bisexual people, which is why action and support groups often occur in an LGBT context. Physical (anatomical) sex Sex refers to someone’s physical or anatomical sex or gender assigned at birth. Preferred gender The gender that a trans person wishes to be recognised as, including those outside of the female/male gender binary. Real-life experience Refers to the phase during gender reassignment in which the individual must live and work in their acquired gender before certain medical procedures will be carried out. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 29 Sexual orientation An orientation (or sexual attraction) towards persons of the same sex (lesbians and gay men), or an orientation towards a person of the opposite sex (heterosexual), or an orientation towards persons of the same sex and the opposite sex (bisexual). Sexual orientation is different from gender identity, and the two are not related. Trans people, like any other people, can be heterosexual, lesbian, gay or bisexual. Transgender (or trans) An umbrella term for people whose gender identity and/or expression differs from that of their sex assigned at birth and includes transvestites (people who cross dress) and transsexuals. Transgender people may or may not alter their bodies to better fit with their gender identity through means such as hormones or surgery. Some intersex people identify as transgender but the two are not the same. The term should only be used as an adjective e.g. ‘transgender people’. Transitioning Transitioning is the term used to describe someone changing from one gender to another, with or without medical intervention. Transphobia Transphobia is an irrational fear of, and/or hostility towards, people who are, or are perceived to be, transgender or who otherwise transgress traditional gender norms. Transsexual Transsexual people are those who identify with the opposite binary gender to their sex assigned at birth and seek to live permanently in this gender role. This is often accompanied by strong rejection of their physical primary and secondary sex characteristics and a wish to align their body with their preferred gender. Transsexual people might intend to undergo, be undergoing or have undergone gender reassignment treatment (which may or may not involve hormone therapy or surgery). The term should only be used as an adjective. Transvestite A person who dresses in the clothing typically associated with the opposite gender. Generally, transvestites do not wish to alter their body and do not necessarily experience gender dysphoria. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 30 Appendix 5: Contact List Useful Contacts at the University of Hull: Accommodation Office, University House: Email: rooms@hull.ac.uk Tel: 01482 46 6042 www.hull.ac.uk/accommodation Equality and Diversity Office, Venn building: Email (Equality and Diversity Advisor): a.mwangi@hull.ac.uk Tel: 01482 46 6333 / 46 5732 www.hull.ac.uk/equality Graduate School, Graduate School building: Email: gs@hull.ac.uk Tel: 01482 46 6844 www.hull.ac.uk/graduateschool Health and Safety Services, Loten: Email (Secretary): l.s.hirschfeld@hull.ac.uk Tel: 01482 46 5165 http://www2.hull.ac.uk/administration/healthandsafetyservices.aspx Dignity and Respect Advisors: details on Equality and Diversity website: www.hull.ac.uk/equality UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 31 Scarborough Campus For any student - related enquiries contact Scarborough Campus Connect: Tel: 01723 377277. Email: campusconnect@hull.ac.uk Sports and Fitness Centre: sportscentreenquiries@hull.ac.uk Hull University Union (Student’s Union), University House: www.hullstudent.com/ HUU President: Tel: 01482 46 2064. Email: huu-president@hull.ac.uk HUU Vice President (Welfare): Tel: 01482 46 6259. Email: huu-welfare@hull.ac.uk Reception: Tel: 01482 46 4000. Email: huu-reception@hull.ac.uk HUU Advice Centre: Tel: 01482 46 6263. Email: huu-advice-centre@hull.ac.uk. HUU Advice Centre Website: www.hullstudent.com/welfare/advice-centre Student Wellbeing Service: Tel: 01482 46 2020. Email: studentwellbeing@hull.ac.uk website: http://www2.hull.ac.uk/student/counselling.aspx HUU LGBT+ Group: www.hullstudent.com/activities/lgbt International Office, Dennison Centre, Cottingham Road: Email: international@hull.ac.uk Tel: 01482 46 6904 http://www2.hull.ac.uk/international/international.aspx Occupational Health, Raines House, Cottingham Road: Email: occupationallhealth@hull.ac.uk Tel: 01482 46 6011 http://www2.hull.ac.uk/student/occhealth.aspx UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 32 Student Administrative Services, University House: Email: student-admin@hull.ac.uk Tel: 01482 46 2222 http://www2.hull.ac.uk/student/studentadministrativeservice.aspx Student Financial Services, University House: Email: studentfinance@hull.ac.uk Tel: 01482 46 5674 www.hull.ac.uk/studentfinance Student Support Services, University House: Email: studenthelp@hull.ac.uk Tel: 01482 46 2020 www.hull.ac.uk/studentsupport Visa Support Team, University House: Email (Manager): s.maller@hull.ac.uk Tel: 01482 46 6810 http://www2.hull.ac.uk/international/visa_guidance.aspx Graduation and Student Awards Office: Email: graduation@hull.ac.uk Tel: 01482 46 5278 / 6324 5936 FAX Examinations Office: Tel: 01482 46 5380 UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 33 External Services Student Loans Company: www.slc.co.uk Department for Culture, Media and Sport: https://www.gov.uk/government/organisations/department-for-culture-media-sport National Union of Students (NUS) www.nus.org.uk 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 Equality Challenge Unit supports the higher education sector to realise the potential of all staff and students whatever their race, gender, disability, sexual orientation, religion and belief, or age, to the benefit of those individuals, higher education institutions and society. www.ecu.ac.uk 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 UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 34 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 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 Please Note: The list of useful contacts is correct at the time of printing – November 2014. Please check the web for up to date contact information. UoH Policy and Guidance for Trans Students/ Nov 2014 /AM Page 35