Maricopa Community Colleges

Gender Identity refers to a person’s sense of self as masculine or feminine and how they express this. Sexual Orientation refers to people’s sexual attraction.  Being gay, lesbian or bi-sexual does not mean that an individual is not comfortable with their sense of self as a man or a woman (i.e., their gender identity). At Maricopa, we have established that people will not be discriminated against for their sexual orientation.

However, we have no such protections in place when people do not conform to traditional gender roles in appearance, dress or behavior including people who are transsexual, and/or transitioning from one gender to another.  Examples of discriminatory experiences include:

• Being repeatedly and often deliberately called by the wrong name and pronoun in class by faculty or by other students.
• Having grades and evaluation impacted by gender presentation.
• Being yelled at and called derogatory names.
• Being ordered out of or physically removed from restrooms.
• Losing employment or advancement opportunities.
• Having to change place of employment, resign or be fired.
• Experiencing stress from lack of support affecting work or school performance.
• Fearing being “outed” and isolated or teased.
• Being the victim of a physical attack because of being transgender.
• Feeling they (if transsexual) cannot transition because of lack of administrative support.

While some colleges and universities use the term “gender identity and expression,” others use “gender identity” alone.  It makes sense for us to be consistent with ASU and the UofA, who use “gender identity.” The UofA definition of gender identity includes “an individual’s actual or perceived gender, including an individual’s self-image, appearance, expression, or behavior, whether or not that self-image, appearance, expression, or behavior is different from that traditionally associated with the individual’s sex at birth as being either female or male.”

The UofA definition of gender identity incorporates gender expression. Gender expression is how an individual expresses their masculinity and/or femininity. This might conform to traditional notions or be different from them, but in any case, an individual should not be discriminated against or ridiculed because of their gender expression. Examples of gender expression include: hair style, clothing, shoes, facial hair, jewelry, use of make-up, purse or bag. It could include mannerisms such as voice inflection, hand gestures, gait, etc.

There really are no reliable numbers because transgender people are a stigmatized group and are not on any list, do not convene in one place, and fear of discrimination causes many transgender people to lead isolated lives. “Transgender” is an umbrella category including transsexuals and others who do not conform to traditional gender roles and identities.  It is safe to say that there are thousands of trans-identified people in the Phoenix area. Through our contacts we are aware that there are Trans students and/or employees at every one of our Maricopa colleges. 

Groups that end up as protected classes are protected for a reason – people associated with this group are targets for violence, physical attacks and murders, they are stigmatized and seen as less worthy in the classroom or on the job.  Groups such as this that are perceived as socially undesirable need protection because they have experienced systematic negative treatment.  Adding a group to a non-discrimination policy is not a step to be taken lightly. Protections from discrimination can open doors of educational opportunity to many people currently forced to live marginalized lives empowering them to become employed, contributing members of our community. Current research indicates that some 70% of Trans-identified people are unemployed. Slowly but surely the rights of Transgender people to be treated equally and without prejudice (based on their gender identity) are being assured. MCCCD should be part of this movement for social justice.

The goal is to provide a safe and respectful environment for all people using the restrooms within the Maricopa community.  Illegal, dangerous or threatening behavior will still be a cause for intervention.

Presently many Transgender people avoid public restrooms altogether, putting their health and comfort at risk.  It is the Transgender people who are harassed in restrooms, not the other way around.  All people have a right to use public facilities.

Peter Likens’ statement at the UofA addresses both safety and respect:

The University of Arizona strives to create and sustain a campus environment that supports and values all members of our community, including visitors. One aspect of creating a comfortable environment is providing safe, accessible, and convenient restroom facilities. Many people may experience difficulty and inconvenience when required to use gender-specific[1] restrooms. Parents with children of a different gender are not able to accompany them into a gender-specific restroom and the same holds true for others with attendants/caregivers of a different gender. Additionally, transgender individuals may be subject to harassment or violence when using male- or female-specific restrooms. Consequently, this statement has been developed to declare the University’s commitment to creating an inclusive and supportive campus environment.

In keeping with the University’s policy of nondiscrimination on the basis of gender identity[2], the University allows individuals to use the restroom that corresponds to their gender identity. In addition, to address restroom facility access issues not related to gender identity such as parents and attendants/caregivers as described above, the University is committed to designating and maintaining a gender-neutral restroom in as many of its buildings as reasonably feasible. In some instances a designated gender neutral restroom may contain multiple stalls. Additionally, the University is committed to include at least one gender-neutral restroom in new buildings constructed on campus to the extent feasible.      

Unisex restrooms are a benefit to many people with special needs.  People with Disabilities requiring extra room or assistance from a helper of different sex, parents with small children, people with special health circumstances like colostomy bags all benefit from the availability of unisex restrooms.  However, the lesson of history is that it is inappropriate to create a special restroom for any minority group, and especially wrong to require any group to use a segregated restroom.  In certain circumstances, transgender people may be among the many people who benefit from the presence of unisex restrooms, but in other instances they may have no use for them, as may be the case for every other person in society.  Unisex restrooms are not made specifically for transgender people and they are not a transgender issue.

Discussions have been held with A&R Council and VP Admin Services looking at ensuring privacy and integrity of student records for students whose gender identity does not match their biological gender.  Any changes will conform to federal requirements and still avoid having the student have to “out” themselves in every classroom. 
Suggestions include:

• Having “preferred name” used on rosters and/or first initial only. “Preferred name” capability exists with new SIS system. 
• Allowing for revised ID card (practice models University of Michigan).
• Identifying a single individual at each college as a one-stop Safe Space for questions, changes of records and ID. Individual would be identified on website and/or in handbook.

The policy will assist college safety officers in enforcing the law by providing clear policies and was in fact requested by the director of college safety.  A draft of an information sheet for college safety officers has been developed and reviewed by the director of college safety.  College safety officers will still enforce all laws to keep our college community safe. 

There are now 391 colleges and universities in 38 states with non-discrimination policies that include gender-identity.

Both ASU and UofA report minimal negative responses after the policy change. UofA received some comment from the external community.  ASU received some comment from the internal community.  UofA reported that it helped to have a consistent statement from the university about their commitment to providing a respectful environment for all our students and employees.

ASU received national positive recognition for being among the first universities to include gender identity and expression in their non-discrimination policies.  They consulted with legal and then quickly made the policy change.

UofA changed their policy in 2005 and began looking at implications subsequent to the change.

Both ASU and UofA report minimal disruption or difficulty with the policy change.  They have not focused a lot of attention on processes or procedures.  Maricopa is actually ahead of the game in addressing these issues system-wide.

It is understandable that faculty may initially feel confused or challenged. Remember that the student is far more nervous.  In the situation when a student is going through a name change, students should be addressed by the new name that they tell faculty about.  If they are transitioning to a different gender, the new pronoun should be used that is consistent with that gender. If faculty are unsure how to address the student, they can ask for clarification at a respectful time and place without embarrassing the student. Faculty will understand transgender students better if they take the Safe Space Workshops and/or attend the EOLT trainings on Gender Identity and Expression.

It is true that individuals who experience dissonance between their gender assigned at birth and how they identify as they grow up can be diagnosed with GID by a psychiatrist or psychologist. This diagnosis aids in “treatment to alleviate the clinically significant distress and impairment known as gender dysphoria that is often associated with transsexualism” (WPATH 17, June 2008, P. 1). The World Professional Association for Transgender Health unequivocally views treatment for this condition as medically necessary, and the treatment path is to allow the person to live in the gender they identify as. It is not to force them to live in their assigned birth gender, regardless of their body parts. This treatment is not elective or cosmetic, but is “medically necessary for the treatment of the diagnosed condition.”

In other words, the diagnosis of GID furthers the treatment by medical personnel to enable the individual to transition and live in the gender they identify as. It is not a mental illness to change the person to someone they are not or to ignore their self-professed identity.

Other conditions found in the DSM that the average person would not see as mental illness, even though they are in a mental illness diagnostic manual include: sleep walking, impotence, marital infidelity, nicotine dependence, nicotine withdrawal and insomnia.