TRANS* EQUALITY IN SCHOOLS AND COLLEGES

HELPING THOSE WITH GENDER DYSPHORIA IN EDUCATION

Book #2 Danielle Vickers. http://www.tacklingtransphobia.co.uk danielle@tacklingtransphobia.co.uk

The educational environment is largely a very safe and supportive place for a student or pupil who is transgender; but that does not mean that those students who identify in this manner wont face bullying, teasing, harassment, victimisation and discrimination - either from staff, their peers or parents. Schools, colleges and universities must ensure they have robust policies and procedures in place to: Promote the inclusive nature of the school, college or university. Explain the procedures that are in place to deal with issues that are not in accordance with the policies. Set out the policies and reporting requirements to ensure equality and diversity. This booklet aims to explain how the various pieces of legislation, duties and acts come together to ensure that students and pupils are protected from an equality point of view. It is not intended to be a thorough, detailed look at the law as it stands, but should provide relevant information to teachers, parents and students so that they understand the basic requirements of the Equality Act 2010 and how it relates to schools and colleges.

Working to create an inclusive society, embracing the diverse nature of individuals, and promoting equality.

Danielle Vickers Tackling Transphobia

UNDERSTANDING GENDER VARIANCE TERMS

Gender variance accounts for anyone that doesnt fit neatly into the male / female construct. You may come across terms such as transgender, agender, genderqueer, polygender, transsexual, transvestite, cross-dresser, intersex and so on. There are many, many labels that people use to describe themselves and to a large extent that is the crux of it. It is how they describe themselves. Labelling someone is hugely contentious, and many terms that were in use a decade ago are no longer thought of as acceptable. These days the term transgender tends to be used as a catch-all term that includes anyone who exhibits, or has, some level of gender variance. Within that over-arching term, one may be a transwoman, a transman, or if a person describes themselves as a cross-dresser then that is fine but do not assume that everyone will identify with that label. So, what is the safest term to use if you do not want to cause offence to the individual? The best thing is to ask if you are not sure. The safest and accepted standard is to use the relevant pronouns based on how the person is presenting themselves.

A transman relates to a person who has been assigned female at birth but identifies as male. A transwoman relates to a person who has been assigned male at birth but identities as female. These definitions are somewhat simplistic, because they may or may not account for those who have transitioned; and under current definitions a person who has transitioned, or is transitioning, does not need to have undergone any medical surgery.

BEING TRANSGENDER
What is it like to be transgender? How does it feel? Unfortunately there is no one answer for this. Every transgender person has their own story, their own emotion outlook on what it means to be transgender but almost all will not want it to be their defining characteristic. There are however, commonalities between the individual stories of trans* people. Fear, anxiety, loneliness, emotional turmoil, shame, confusion and even paranoia are often elements. Why? Because trans* people do not fit the stereotypes that society has arbitrarily created. It takes a great deal of emotional strength to accept oneself, and then come out, whether to friends, family, teachers or doctors. And yet it need not be like this. The transgender, or agendered, person is still a person. They too have aspirations, skills, knowledge and abilities just like everyone else. They too can operate at all levels of society, and at all levels in the workplace and already are. But we have only mentioned here about the trans* person; what about family, friends and colleagues? The reality is that these people will need time to adjust to someone who they know, as coming out as transgender it changes the dynamic of the relation with that person, and can be extremely difficult to manage, for both parties. Within the school or college environment, how will other pupils, students, teachers and parents deal with the situation? How will you deal with one of your pupils telling you that they are happier in their preferred role, as opposed to the role expected of them? What about their families? One shouldnt assume that their families are supportive and accepting of the situation - if they even know. What about religion and beliefs? These can throw up all sorts of issues for the individual, their family and even the school. How will you deal with the pupil, or student, that dresses in clothes normally seen as appropriate for the other sex? This can create issues only because they may not be covered by the Equality Acts gender reassignment protected characteristic. We are different only because society dictates that we are; yet trans* people are not. Creating an inclusive society, a society that embraces its diverse culture, creates one in which all are treated with respect and compassion. An environment that allows everyone to learn within a safe, open and accepting place is something wonderful, somewhere where all can achieve to the best of their abilities, supported, nurtured and prepared for life. A supportive, inclusive infrastructure is incredibly important as well see on the next page, the transgender pupil or student is often completely ostracised by friends, schools, and adults.

WHY PROTECT TRANS* STUDENTS / PUPILS?

Education is generally a safe place for transgender pupils and students, but we really should not be complacent. Quite apart from the legal duties set out in the Equality Act (2010) and the Public Sector Equality Duty (2011), there is a moral and ethical dimension to the provision of teaching, training and learning to everyone; regardless of sex, sexual orientation, gender reassignment, disability, and the other protected characteristics. If one looks around the media reporting of transgender pupils, there are comments such as: A number of parents of other pupils have contacted ----- saying their children are uncomfortable studying alongside a transsexual pupil. Some of the boys have called me names and laughed at me. The day that -----, 11, started at the mixed comprehensive [school], and older lad stormed into her classroom at break shouting Oi, theres a tranny in here - show me where it is! Every day, she faced shouts of man beast and tranny from pupils, as well as calls to get your dick out. ----- was ambushed on the way home by older boys, who tried to remove her skirt in an attempt to see her genitals. ...including one pupil spitting in her face and a mother who was picking up her offspring shouting, you f***ing tranny through the car window. From day one, ----- was bullied on a terrifying scale. She had her hair set on fire, was splattered with yoghurt and drinks and has been hit around the head with bags, branches and fists - even ending up in A&E with suspected concussion The school backed down after telling -----, 16, who was born a boy but is undergoing gender reassignment treatment - that the teenager could not sit the paper because he was not wearing boys uniform. These reports, and many, many more just like them should alert teachers and educational leaders / managers to the very real and present danger that any trans* pupil puts themselves in when trying to integrate with the society in which they find themselves. The humiliation, degradation, verbal and physical abuse should not have to be endured by anyone, for any reason, whilst in education. Or at all. As can be seen from the above examples, it is not just abuse from their peers, but from parents of other pupils, and indeed schools themselves, that transgender pupils face. In fact, the public comments in these stories are horrifying Chopping your penis off and taking drugs doesnt turn you into a woman. Just a freak. People like this should be treated for psychiatric help, not encouraged to keep doing it. This society is sick.

WHAT IS..?
Gender reassignment is a protected characteristic under the Equality Act 2010, but (somewhat crucially for a transgender person) this does not mean that reassignment relates to a medical or surgical process. Gender reassignment is a personal process that involves a person moving away from his or her birth sex to his or her preferred gender and thus expressing that gender in a way that differs from, or is inconsistent with, the physical sex with which he or she was born (2013, EHRC, p.67) It should be recognised therefore, that under the heading of gender reassignment, will be students and pupils who may choose to dress in the manner of their preferred gender. To be protected under the banner of gender reassignment, the person should meet at least one of the following points: He or she makes his or her intention known to someone, regardless of who this is. He or she has proposed to undergo gender reassignment, even if no further steps are taken. There is manifestation of an intention to undergo gender reassignment. He or she starts or continues to dress, behave or live (full- or part- time) according to the gender identified. He or she undergoes treatment related to gender reassignment. He or she has received gender recognition under the Gender Recognition Act 2004. However, if a pupil is cross-dressing because they prefer the clothes normally associated with the other sex, they will not be covered by the Equality Act. It is only if the dressing is part of the process of reassigning his or her sex (2013, EHRC, p.71) that they will fall under the protection of the Act.

Gender Reassignment
2013, Equality and Human Rights Commission, Technical Guidance for Schools in England.

THE LAW
The Equality Act 2010, lists gender reassignment as a protected characteristic in the same way as sex, age, disability, race, religion or belief, marriage and civil partnerships, pregnancy and maternity, and sexual orientation. The Act provides legal protection from discrimination in the workplace and in wider society. There are a number of ways in which that discrimination can occur - direct, indirect, harassment and victimisation - but one of the important things is that the Act applies not just to the individual, but also those associated with that person. The Act protects these people from discrimination at work, in education, as a consumer, when using public services, when buying or renting property and as a member or guest of a private club or association. At work, anyone who comes under a protected characteristic must not be dismissed, have employment terms and conditions affected, pay and benefits affected, promotion and transfer opportunities lessened, training refused, refused recruitment or have redundancy forced / terms changed because of that protected characteristic. As well as the Equality Act 2010, UK education providers are also subject to the Public Sector Equality Duty (from 10th April 2011), the Human Rights Act 1998 and the Gender Recognition Act 2004.

The Equality Act 2010

ENSURING EQUALITY
The public sector equality duty was created by the Equality Act 2010 and came into force in April 2011. It replaces the race, disability and gender equality duties. England, Wales and Scotland each have their own public sector equality duty. Section 149 of the Equality Act states that a public authority must, in the exercise of its functions, have due regard to the need to a. b. c. Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; Foster good relations between persons who share a relevant protected characteristic and persons who do not share it [Emphasis added]

But what does this mean in reality? Which public authorities are included? Just how can you show that you are meeting the requirements to eliminate discrimination, advance equality of opportunity and foster good relations? Elimination of discrimination, harassment, and victimisation, can be achieved through creating a culture of tolerance, acceptance and inclusiveness. This culture should be brought about and promoted from the senior leadership and management team within the school or college, and supported by relevant policies and procedures. The very ethos of the educational establishment should be one that promotes, encourages and utilises the diverse nature of the students and staff within its teaching and learning practices. Equality of opportunity is about ensuring that those who fall within the remit of a protected characteristic are given the same opportunity as those who fall outside of a protected characteristic. It is about removing or minimising any disadvantages to those with a protected characteristic. This means that a trans* person that applies for a role as a Learning Support Assistant must be given equal opportunity to apply for that role, and have their application judged without their transgender status being a factor. It also means that a trans* student should not be barred from a course because of their protected characteristic(s).

Public Sector Equality Duty

ENSURING EQUALITY
This equality of opportunity can be demonstrated through the policies, procedures and training adopted by the school or college, ensuring that no-one will be disadvantaged during the application process (or if successful, after the application process) because of their transgender status. Furthermore, as one who is speaking from experience of being transgender, it can be advantageous to explicitly state in the policies adopted by the school or college, that trans* students are accepted, included and supported within educational life. This sends out a clear message that (a) the organisation understands what a transgender person is and that they may require a supportive environment, and (b) that any harassment, discrimination or victimisation against that person will be dealt with in a serious and appropriate manner. It really cannot be understated what that means to a transgender person; it is a recognition that you are a real person, and to someone who may feel anxious, worried, nervous and frightened about their transition, it can make a huge difference. Why not appraise your application forms too? Many, if not most, forms ask the person completing it what their gender is, or worse, what their sex is. This can actually be a frustrating and anxiety-ridden question as simple as it seems to those who are completely comfortable with their sex and gender, for a transgender person being forced to make a choice between male and female / man or woman is both demeaning and difficult. Is there a possibility to either remove the question completely (the best option), remove the mandatory nature of the question, or alter the question to include transgender / agender / genderqueer / other / prefer not to say? Fostering good relations between those who do, and do not, share a protected characteristic will help tackle prejudice and promote understanding. The school, or college, environment is a place where there are so many ways to promote that understanding and bring together diverse people in a common aim; music clubs, debating forums, drama productions, sporting events and so on. Education should be open to all, and providing the environment for everyone to develop their skills and knowledge to the best of their ability is the priority. That can be achieved if the individuals are supported, included and feel safe from verbal, physical and mental abuse.

Public Sector Equality Duty

THE LAW
The Gender Recognition Act 2004, provides a legal recognition of acquired gender for transgender people. Legal recognition of acquired gender is achieved once a Gender Recognition Certificate has been issued. The important thing to recognise here is that the transgender person does not need to have undergone gender reassignment treatment to qualify. The Gender Recognition Act recognises that surgery is not the defining factor, and it is the gender identity that is of importance. The Gender Recognition Certificate shows that the individual is legally recognised as the gender in question; so that a transwoman will be legally recognised as a woman, and a transman as a man. That is true for criminal law, state benefits and occupational pension schemes. The person will also be issued with a new birth certificate reflecting the correct gender. The transgender individual can apply for a Gender Recognition Certificate as long as they are over 18 years old, have or have had gender dysphoria, have lived in the acquired gender for at least two years and intend to continue to live in the acquired gender for the rest of their lives. Because of the age requirement, the GRC is unlikely to affect pupils, but mature students at college and universities may well have a Certificate, and in addition all will need to be cognisant that someone applying for a job vacancy may now be legally recognised in their correct gender. This has important knock-on effects for businesses and organisations, as it is important not to have gender markers on systems / paperwork such as payroll, HR and management databases, etc. that would reveal the transitioned person to be anything other than the acquired gender. This also means that if you know, or you suspect, that the person in front of you was born with the sex characteristics that were at odds with their gender, you must address the person with the relevant pronouns and name; also you should not refer to them as transgender as many will not relate to this at all, having always known they were male or female.

The Gender Recognition Act 2004

THERES SOMETHING I NEED TO TELL YOU...

Getting to the point where, as a transgender person, you feel ready to come out to others can take years, if not decades. The fear of being found out, and potentially ostracised from your own community is replaced by a fear of outing yourself and that certain feeling that you will be ostracised! For the person receiving the news, how you react will make an enormous difference to the individual telling you about themselves. For the receiver, you must act in a professional manner - whatever your own personal thoughts regarding transgender people, you must recognise that the speaking to you is very likely to be frightened, nervous and is taking a big risk in divulging this information to you. For the transgender person, you must recognise that although you do have rights, going in with an aggressive stance is likely to make things difficult for yourself and others. Take the example of one transgender pupil, who was reported as saying, When I went in as Stacie I was kept in the office all day. They werent prepared, because I hadnt told them I was coming as Stacie 1. Given the circumstances, one could see that this potentially put the school into a very difficult position, although they appear to have supported her. It seems that Stacie hadnt told her mother that she was going to school as Stacie either, He sneaked out of his house first thing in the morning so that his mother Thelma didnt see him leave 2, reports the Daily Record. Quite apart from the deliberate misuse of pronouns in the reporting, you may want to consider how your school or college would react to such an event as this. This may be seen as a rather sensationalist, one-off, event but consider that current figures suggest that 25 people per 100,0003 have sought medical treatment for gender dysphoria, and that figure (from 2010) is growing at 11% annually. It is thought that around 1% of the population exhibit some level of gender variance even if they do not seek medical help regarding it.

How To Deal With Coming Out...

1 2

http://www.dailyrecord.co.uk/news/local-news/transsexual-school-pupil-never-return-2475016 http://www.dailyrecord.co.uk/news/scottish-news/amazing-courage-blantyre-schoolboy-callum-2360098 3 http://www.switchnewmedia.com/lgbt/VOD/Bernard_Reed_Day3_Video_Archive.htm

THERES SOMETHING I NEED TO TELL YOU...

Schools and colleges really should have plans, policies and procedures in place to deal with verbal, physical and mental abuse of those who exhibit gender variance; with a college of 1,200 students there is the potential of 12 students who could be at risk. But as well as schools and colleges, there is an onus on the transgender student to approach the subject in a manner that allows the school, or college, to take appropriate action. Talking to student support staff, a welfare officer or even your tutor is probably the best, and safest option. If there is LGBT support available then you should definitely make use of it. For the transgender pupil it can seem that acting on impulse is the way forward, but Tackling Transphobia would definitely suggest that the impulse is checked and a more appropriate way is sought - even if that feels slow or unfair. The end goal should be borne in mind, and that is that you wish to be accepted into the community; your school or college can help you, and will want to protect you. As a qualified teacher, and transgender person, Danielle Vickers of Tackling Transphobia knows only too well that the teaching profession will want to ensure your safety, look after your welfare and maintain your unfettered access to the learning process.

How To Deal With Coming Out...

Plants are fashioned by cultivation, man by education

Emile, Jean-Jacques Rousseau.

Tackling Transphobia was founded by Danielle Vickers, herself transgender, to work with organisations, businesses and groups in raising awareness of transgender issues. Danielle can work with you to create, facilitate or enhance your equality, diversity and inclusiveness programme through workshops, group discussions, 1:1 talks or speaking engagements. Rather than referring to the law, Danielle prefers to take a more personal approach to raising transgender issues, using her own experience to explain about the emotional aspects regarding being transgender, what it means to hide a core component of yourself away from everyone, what it means to be open about it, and why its so important for the individual but also to the workplace. Danielle also runs the Tackling Transphobia group on LInkedIn, and the Tackling Transphobia website. Danielle is a qualified teacher (QTLS, M.IfL) and holds a Certificate in Education and an Honours Degree in Post-Compulsory Education & Training from the University of Southampton. She is a qualified assessor of vocational achievement and a certificated mentor for Cert. Ed. / PGCE programmes.

danielle@tacklingtransphobia.co.uk @TG_Danielle www.tacklingtransphobia.co.uk

USEFUL LINKS

Discrimination: Your Rights Equality Act 2010 Gender Recognition Act 2004 Good practice guidelines for the assessment and treatment of adults with gender dysphoria. GIRES, the Gender Identity Research and Education Society has a number of useful documents available from its website for employers... Changing for the better Transition at work ...and for schools, see these documents. There are many more documents and support groups available, such as Mermaids, that can help transgender pupils and students. Please contact danielle@tacklingtransphobia.co.uk for more information.

Working to create an inclusive society, embracing the diverse nature of individuals, and promoting equality.

Produced by:

Tackling Transphobia Farnham, Surrey.

Version: 2.0 November 2013