On February 22, 2017, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior guidance on how educational institutions should treat transgender students with respect to sex-segregated facilities, such as locker rooms and bathrooms. While it is not clear how far the Department of Education intends to go in repealing the prior administration’s guidance on transgender issues, the withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, or harassment. Moreover, the college must ensure that all students, including LGBTQ students, are able to learn and thrive in a safe environment, and, as outlined in the February 2017 document, the Department of Education will continue its duty under the law to hear all claims of discrimination and will explore every appropriate opportunity to protect all students and to encourage civility in our classrooms.
At the Maricopa County Community College District we aim to foster a learning environment of inclusion, where all students feel safe and welcomed to learn.
|WHAT ARE THE
TITLE IX RELATED TO
|Title IX states that a college must not treat a transgender student differently from the way it
treats other students of the same gender identity--which is known as the consistent treatment
principle. If the college is notified that a student will assert a gender identity that differs from
previous representations or records, the college should begin treating the student consistent
with the student’s gender identity. There is no medical diagnosis or treatment requirement that
a student must meet as a prerequisite to being treated consistent with their gender identity.
|WHAT DOES IT MEAN TO BE “TRANSGENDER”?||A transgender individual or trans person is an individual whose biological or anatomical
sex, or sex assigned at birth, does not match their gender identity.
|WHAT IS THE
LEGAL SEX, GENDER
IDENTITY, AND GENDER
|Legal sex is often the biological or anatomical sex an individual is assigned at birth or what
appears on their legal documentation. Gender identity is the gender with which an individual
identifies internally, mentally, or emotionally, while gender expression is the gender an
individual expresses externally through dress and appearance. An individual’s legal sex does
not always match their gender identity or gender expression. Below are examples of legal sex
and gender identity.
|HOW DO I KNOW HOW
TO ADDRESS A STUDENT
WHO IS TRANSGENDER?
|The Maricopa County Community College District is making every effort for all students to
feel welcomed on our campuses. Students can elect to identify a “preferred” name when they
apply for admission. Students who are transgender may use this preferred name field to
enter the name by which they identify if it does not match their legal name. The preferred
name is the name that appears on all faculty rosters.
Additionally, a student’s personal information regarding gender identity is protected under
FERPA as part of a student's educational record and cannot be disclosed absent consent
from the student.
|HOW WILL I KNOW IF
THERE IS A STUDENT
WHO IS TRANSGENDER
IN MY CLASSROOM?
|Since students’ preferred name should appear on the faculty roster, you will not know if there
is a transgender student in your classroom. We recognize that many instructors and faculty
members call roll on the first day and subsequent days of class. We caution against
misgendering or “outing” students who are transgender in the classroom, intentionally or
unintentionally and encourage faculty to inquire as to a student's preferred pronoun, and
encourage all employees to avoid using prefixes such as “Mr.,” “Ms.,” and “Mrs.”
|The consistent treatment principle is focused on issues related to students who identify as
"transgender male" and "transgender female." However, experience reveals that students'
assertion of their gender identity is often much more complex than this simple binary
understanding. Students may identify as agender, bigender, pangender, or a variety of other
identities and we should be sensitive not to only think in terms of the male/female binary.
|I AM TAKING A GROUP OF
STUDENTS TO A CONFERENCE
AND THEY WILL BE STAYING
AT A FACILITY OVERNIGHT.
AM I EXPECTED TO
GIVE MY STUDENT WHO IS
TRANSGENDER THEIR OWN
|Per Title IX, students should be allowed to access housing or overnight accommodations
consistent with their gender identity. A student who is transgender may not be required to stay
in single-occupancy accommodations or disclose personal information when other students are
not required to do the same. However, like facilities, a student can be granted single-occupancy
accommodations if the student makes the request.
|TO WHAT EXTENT CAN A
STUDENT WHO IS TRANSGENDER
Per the NJCAA Handbook and Casebook, Article I – Membership Dues and Responsibilities,
“C.1. A transgender male (female to male) student-athlete who has received a medical exception
“C.2. A transgender female (male to female) student-athlete being treated with testosterone
|WHAT IF A STUDENT WHO IS
TRANSGENDER COMES TO
ME AND INFORMS ME THEY
ARE BEING BULLIED OR
|MCCCD's Sexual Harassment Policy states that discrimination is “an unequal treatment of a
student based on the student’s actual or perceived gender, sexual orientation, or pregnancy.”
If a student who is transgender is being bullied or discriminated against, you are required to
report the incident(s) to your college’s Title IX Coordinator. MCCCD Title IX Coordinator's.
|WHAT IS MARICOPA DOING
TO ADDRESS COMPLIANCE
TOPICS RELATED TO
STUDENTS ON CAMPUS
WHO ARE TRANSGENDER?
|MCCCD is committed to serving all students and providing an environment that is free from
discrimination and harassment. To that end, it will continue to reaffirm its policy against
discrimination, particularly publicizing the complaint process. MCCCD is also committed to
providing training for faculty and staff on constructive responses to discriminatory harassment
and bullying, which includes conducting student, staff, and faculty outreach in order to identify
problems and improve campus climate.
“The Maricopa County Community College District is an EEO/AA institution and an equal opportunity employer of protected veterans and individuals with disabilities.”