Suggested distribution Welfare officers and staff, liberation officers and equalities staff
Trans students and accommodation Key Points Recent legislation provides the impetus for institutions to consider the needs of trans students, specifically in relation to accommodation provided by universities for first-year students.
NEC Contacts Daf Adley Lucy Brookes daf.adley@ nus.org.uk lucy.brookes@nus .org.uk
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Legislation came into force in 2008 which gives protection from discrimination and harassment on the grounds of gender reassignment in the provision of goods, facilities and services
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The Forum on Sexual Orientation and Gender Identity in Post16 Education suggests that in the light of this: - education providers in post-school sectors have a legal duty to take active steps to prevent discrimination and harassment on the grounds of gender reassignment, and;
Staff Contact Geraldine Smith
- it is good practice to extend such equality measures to all trans people, whether or not they undergo permanent gender reassignment or apply for legal recognition.
geraldine.smith@ nus.org.uk •
Trans students may be indirectly discriminated against by being expected to access and utilise facilities which correspond to the gender assigned to them at birth or which force them to decide between using either male or female facilities.
The definition of ‘trans’ NUS uses trans as an umbrella term to describe a broad range of different identities, the most well-known of which are probably transsexual and transgender. Most trans people feel that their gender identity is different to the gender that they were assigned at birth. For example, this might mean that someone feels they were born in the wrong body, or that someone doesn’t identify with male or female identities at all. Trans students may express their gender in a way that is noticeably different from the norm, or they may appear no different to any other student. Why does accommodation matter? Starting university and moving into student halls is often the first time a young person has lived away from their family home. This can be a difficult experience for any student as they adjust to a new way of life, but it can also be an opportunity for many to explore their identities or express themselves in ways they felt unable to at home. Feeling safe and comfortable in student accommodation is vital, and with the amendment of the Sex Discrimination Act this year (2008), some trans students are now legally protected against discrimination in regards to the provision of goods, facilities and services such as student accommodation. Where do trans students fit into equality legislation? The law only protects a small minority of trans people, those who are intending to undergo, have undergone or are undergoing gender reassignment surgery (transsexuals). Transsexual people are protected by sex discrimination legislation. Despite the fact that transsexuals require diagnosis of Gender Identity Disorder in order to access medical interventions to alter their
physical sex, it is important to note that trans status should not be considered a disability, and disability legislation is not required to prevent discrimination or harassment. Suggestions for action NUS LGBT suggests that welfare and liberation officers and staff initiate a dialogue with university accommodation services about how best to support trans students. The following are practical suggestions for changes: •
Staff in student-facing roles should endeavour to be supportive of trans students and where possible receive training in equalities issues including gender identity
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Staff and officers should try not to make assumptions about a student’s gender (this is a difficult thing to do, but can make a big difference to trans students’ experiences)
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Services should be explicitly trans-friendly even if you don’t know of any trans students; include ‘gender identity’ in discrimination and bullying policies
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Accommodation should ideally be gender-blind/mixed gender, with single-sex accommodation being available on request rather than as standard
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Showers, baths and toilet should be housed in cubicles, or preferably, separate small rooms, and they should not be segregated or labelled by gender or labelled
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All toilet facilities should have sanitary waste disposal provisions, regardless of the presumed gender of the occupants of the flat
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Ensuite accommodation greatly improves the experience of trans students in student halls as it affords much greater privacy. Such accommodation should be offered to trans students at the cost of standard accommodation where there is a difference. This would require a discreet check box on accommodation request forms which alert the office to the fact that the student would like to discuss trans-friendly/safe accommodation options
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LGBT students could be offered the choice to be housed with one or more other LGBT students, again on request on the initial form (this would require a high level of confidentiality)
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Application forms should preferably ask for ‘gender’ rather than ‘sex’ and should either allow male/female/prefer not to disclose or should consist of a blank space
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Be aware that some students may use the name other than their legal name. In this situation the legal name should be kept confidential unless the student expresses otherwise; special arrangements may need to be made for the delivery of the student’s post in this case
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Ask for help and read up on the subject (see below)!
Further information Guidance on Trans Equality in Post-16 Education http://www.officeronline.co.uk/lgbt/articles/275494.aspx NUS LGBT briefing on trans students www.officeronline.co.uk/lgbt Trans Staff and Students in Higher Education http://www.ecu.ac.uk/publications/pubs_guidance.html#m20080304-TransStaffandStudents Full text of Sex Discrimination (Amendment of Legislation) Regulations 2008 http://pfc.org.uk/files/uksi_20080963_en.pdf Social Policy Briefing is written to update officers and staff in students' unions on issues relating to social policy, including student finance, welfare and liberation. Information is correct at time of writing and offered in good faith.