DEVELOPING A TRANSGENDER POLICY FOR STUDENT ELIGIBILITY

DEVELOPING A TRANSGENDER
POLICY FOR STUDENT ELIGIBILITY
Bob Johnson, Associate Executive Director, Vermont Principals' Association
Bethany Brookens, Assistant Commissioner, Colorado HS Activities Association

2014 NFHS Summer Meeting Workshop – Boston, MA
Wednesday, July 2, 8:30-9:30 am

Introductions & Outline

 Expectations
 Definitions & Terminology
 How & Why We Created Transgender Policies
    For our States (Vermont & Colorado)
   Info on Our Policies
   Factors to Consider When Creating a Policy
   Emerging Issues
   Questions

Expectations for Today
 Safe and open environment
 Willingness to learn and explore new ideas
 Atmosphere of inclusion, acceptance, safety
  and equality
 Acknowledge that our educational core values
  of equal opportunity and inclusion demand
  that we, as leaders, adopt thoughtful and
  effective policies that enable all students to
  participate fully in school activity programs

Definitions              *National Center for Transgender Equality (ncteqaulity.org)

 Transgender: A term for people whose gender identity,
  expression or behavior is different from those typically
  associated with their assigned sex at birth. Transgender is a
  broad term and is good for non-transgender people to use.
  “Trans” is shorthand for “transgender.”

 Transgender Man (FTM): A person who transitions from
  “female-to-male,” meaning a person who was assigned
  female at birth, but identifies and lives as a male.

 Transgender Female (MTF): A person who transitions from
  “male-to-female,” meaning a person who was assigned
  male at birth, but identifies and lives as a female.

Definitions               *National Center for Transgender Equality (ncteqaulity.org)

 Intersex: A term used for people who are born with a
  reproductive or sexual anatomy and/or chromosome
  pattern that does not seem to fit typical definitions of male
  or female. Intersex conditions are also known as differences
  of sex development (DSD).

 Gender Identity: An individual’s internal sense of being
  male, female, or something else. Since gender identity is
  internal, one’s gender identity is not necessarily visible to
  others.

 Gender Expression: How a person represents or outwardly
  expresses one’s gender identity to others, often through
  behavior, clothing, hairstyles, voice or body characteristics.

Definitions          *National Center for Transgender Equality (ncteqaulity.org)

 Genderqueer: A term used by some individuals
  who identify as neither entirely male nor entirely
  female.

 Bi-gendered: One who has a significant gender
  identity that encompasses both genders, male
  and female. Some may feel that one side or the
  other is stronger, but both sides are there.

 Gender Non-conforming: A term for individuals
  whose gender expression is different from
  societal expectations related to gender.

Definitions          *National Center for Transgender Equality (ncteqaulity.org)

 Transition: The time when a person begins to
  living as the gender with which they identify
  rather than the gender they were assigned at
  birth, which often includes changing one’s first
  name and dressing and grooming differently.
  Transitioning may or may not also include
  medical and legal aspects, including taking
  hormones, having surgery, or changing identity
  documents (e.g. driver’s license, Social Security
  record) to reflect one’s gender identity. Medical
  and legal steps are often difficult for people to
  afford.

Transgender Terms to Avoid
                       *Gay & Lesbian Alliance Against Defamation (GLAAD) www.glaad.org

Problematic: "transgenders," "a transgender"
Preferred: "transgender people," "a transgender person“.
Transgender should be used as an adjective, not as a noun.

Problematic: "transgendered" or “transgendering”
Preferred: "transgender"
The adjective transgender should never have an
extraneous
"-ed" or “-ing” tacked onto the end. For example, a person
is not “transgendering”, they are transitioning.

Names & Pronoun Usage
                 *Gay & Lesbian Alliance Against Defamation (GLAAD) www.glaad.org

 Always use a transgender person’s chosen
  name
 Whenever possible, ask transgender people
  which pronoun they would like to use
 If it is not possible to ask a transgender
  person which pronoun he or she prefers, use
  the pronoun that is consistent with the
  person’s appearance and gender expression.

Vermont Transgender Policy Process
 How the conversation started & why
 Process used to create policy
   Surveyed states
   Established a committee
   Sent draft policy to organizations for input
   Send revised draft policy to schools for input
   Draft policy was approved by VPA Executive
    Committee and Activity Standards Committee
    on 11/10/10.

Colorado Transgender Policy Process
 How the conversation started & why
 Process used to create policy
   CHSAA Equity Committee
   Member school education
   Approved by the CHSAA Board of Directors
   Draft policy approved by the Legislative Council
    on April 2010
   Policy wording was revised August 2013

Vermont vs. Colorado Policies

 Vermont Nuts and Bolts
   Policy/Procedure
   Involvement of the State
    Association
   Documentation
   Petition/Appeals Process

Vermont vs. Colorado Policies

  Colorado Nuts and Bolts
    Policy/Procedure
    Involvement of the State
     Association
    Documentation
    Petition/Appeals Process

Factors to Consider
 Mission Statement of the Association
     Fair & inclusive participation policies
   State & Federal Anti-Discrimination Laws
   Hormone Therapy vs Self-Identifying
   State Association's Responsibility
   Appeals Process
   Confidentiality

NCAA Policy         NCAA Inclusion of Transgender Student-Athletes: www.ncaa.org

 A trans male (FTM) student-athlete who is
  chemically transitioning may compete on a men’s
  team, but is no longer eligible to compete on a
  women’s team.
 A trans female (MTF) student-athlete who is
  chemically transitioning may continue to compete
  on a men’s team but may not compete on a
  women’s team until completing one calendar year
  of testosterone suppression treatment.
 Any transgender student-athlete who is not taking
  hormone treatment related to gender transition
  may participate in accordance with his or her
  assigned birth gender.

Emerging Issues & Struggles

 OCR

 3rd Gender

 Genderqueer

 Other

Questions?

Helpful Resources
   Model District Policy on Transgender and Gender Nonconforming Students, National
    Center for Transgender Equality & Gay, Lesbian and Straight Education Network

   California Safe Schools Coalition Model School District Policy Regarding Transgender
    and Gender Nonconforming Students

   On the Team: Equal Opportunity for Transgender Athletes, WIAA + Dr. Pat Griffin and
    Helen Carol (www.wiaa.com/condocs/con550/transgenderstudentathletereport.pdf)

   Fact Sheet: Transgender & Gender Nonconforming Youth In Schools, Sylvia Riveria
    Law Project (www.SRLP.org)

   NCAA Inclusion of Transgender Athletes Handbook, NCAA Office of Inclusion
    (www.ncaapublications.org)

   National Center of Transgender Equality (www.ncteqaulity.org)

   Gay & Lesbian Alliance Against Defamation (www.GLAAD.org)