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US: Title IX and our rights at schools

Started by Newfie, May 11, 2016, 07:43:16 PM

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Newfie

Hi everyone,

I'm not sure that this is correct, and if anyone here has legal experience maybe they can correct me. Recently the US Justice and Education Departments have interpreted Title IX as applying to transgender individuals. Thus, if one is a student in any school and is transgender or gender non-conforming, they should have the following rights (I apologize, this is copied and pasted from a website):

1) You have the right not to be bullied or harassed because you are transgender or gender non-conforming. If school administrators become aware of bullying or harassment they must take action to end it.
2) You have the right to equal educational opportunities regardless of your gender identity or expression or your race, nationality, or disability. This includes not being punished or excluded from school activities or events because you are transgender or gender non-conforming.
3) You have the right to present yourself in a way that is consistent with your gender identity, so long as you follow rules for how to dress that apply to all students.
4) You have the right to use restrooms and other facilities that are consistent with your gender identity, and can't be forced to use separate restrooms.
5) You have the right to privacy concerning your transgender status and gender transition. Any such information kept in school records must be kept private and not shared without your permission.
6) You have the right to join or start a Gay-Straight Alliance or Pride Alliance, and to have your group treated like other student groups.

Could anyone confirm or deny this? I've spent the past two weeks talking to various administrators about my University's policies, and no one seems to know them. They told me that they're preparing to relabel some of the restrooms to be gender-neutral, but from what I understand of Title IX, I can simply use the women's restroom regardless as a trans woman, even after the incorporation of gender-neutral restrooms.

Thanks!
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Mariah

I was able to find that Title IX applies. I would need to look further. Hugs
Mariah
If you have any questions, please feel free to ask me.
[email]mariahsusans.orgstaff@yahoo.com[/email]
I am also spouse of a transgender person.
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suzifrommd

I'm a schoolteacher and a GSA sponsor.

As a transgender person under title IX you have all those rights and more. Yes, you can use the women's restroom, according to the US Dept. of Education. That right was just upheld by a federal circuit court in the case of Gavin Grimm vs. the Gloucester County School Board
Have you read my short story The Eve of Triumph?
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Newfie

Thank you for the help! I should amend my original post to mention that these rights only apply if the school accepts Title IX funding. Hence the DOJ threatening to remove Title IX funding from the University of North Carolina.
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itsApril

One more wrinkle to consider: religion-affiliated schools.  Many religion-affiliated schools, even though they are private institutions, receive Title IX funding or assistance.  Some religions are inclusive about trans people, but also some are not.

Title IX allows religious schools to claim exemption from some Title IX standards to the extent that the requirements of the law conflict with basic tenets of the religion.  Here's a recent example:

Feds exempt BYU-Idaho from protecting transgender students from discrimination
By ANNIE KNOX
The Salt Lake Tribune
Apr 29 2016

http://www.sltrib.com/home/3836354-155/feds-exempt-byu-idaho-from-protecting-transgender

In a nutshell, here's what happened: Brigham Young University was founded by and remains affiliated with the Church of Jesus Christ of Latter Day Saints, i.e., the Mormon Church.  Both the instruction and the institutions of BYU are infused with Mormon teaching and doctrine.

A transgender student filed a complaint with the Department of Education alleging that BYU discriminated against him/her in regard to educational programs, activities, and housing.  BYU invoked the religious freedom exemption of Title IX.  It appears that the Department of Education has now terminated its investigation of the student's complaint.

So if you're dealing with a religion-affiliated school, watch your step.  You might want to rethink your education plan.  (Indeed, you might want to rethink your theology if you're in a religion that can't accept and honor transgender persons!)

Title IX was passed with that religious loophole in it.  Here's a thinking exercise for everybody who pays taxes: Why should YOUR tax dollars be used to fund and support an institution that discriminates?
-April
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Jacqueline

Thanks for bringing up BYU. I was thinking about that too.

Newfie, could you please cite where you pulled that quote? We try to legally make sure our I's are dotted and our T's crossed.

Sincerely,
Joanna

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Newfie

I'm sorry, I wasn't sure if I was allowed to post links. And I'm not sure how to edit my post, so I will give the source here:

For those 6 rights I enumerated in the OP, I got them from http://www.transequality.org/know-your-rights/schools

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Jacqueline

Thanks for the site. You are correct that as a very new member you should not be posting links.

However, you could easily cite the website. I think in this case we all would be okay with the link too.

Thanks,

Joanna
1st Therapy: February 2015
First Endo visit & HRT StartJanuary 29, 2016
Jacqueline from Joanna July 18, 2017
Full Time June 1, 2018





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