Cis Federation Quebec Sports Student
There are numerous serious issues facing gender-variant students (generally defined as gay, lesbian, transgender, and transsexual) that carry far-reaching implications. The root of the majority of the issues are generally to do with discrimination and sexual harassment. Likewise, schools carry a heavy burden when it comes to creating policies and procedures that protect these students.
Gender-Variant Students are Entitled to Protection
According to the Equal Protection Clause of the 14th Amendment, all students have a federal constitutional right to equal protection under the law. (Looney, 2004) But the very special circumstances surrounding gender-variant students, as well as their documented vulnerability, sets them apart as needing even more consideration than straightforward discrimination protections provide. Consider these examples of recent issues schools have made accommodations for:
- Installing restrooms and locker rooms that serve transgender students
- Including extracurricular activities supporting gay and lesbian students
- Managing events requiring overnight stays when gender-variant students attend
- Defining gender-specific sports teams
In addition to accommodations for these more common issues, schools are facing a variety of other interesting challenges that require conscientious care, confidentiality, strong parent partnerships, education for staff, and more. Here are wider issues schools have been forced to grapple with.
Confidentiality: Is the issue a matter of public knowledge? (For instance, is it commonly known that student self-identifies as gender-variant? Or is it a student who has undergone gender reassignment surgery and is moving to another school, therefore requiring confidentiality?) Issues surrounding confidentiality are paramount and must be clarified with the student and parents.
Language: Gender-variant students may present a challenge to schools in the very language they use. A student who is biologically female may not wish to be referred to as “she” and may instead wish to be called “he.” Schools have to determine, alongside the student and parents, how they will handle these types of details.
Dress Codes: Schools with dress codes are faced with particular dilemmas when it comes to gender-variant students. Is it legal to require boys to wear girls' clothing, and vice versa? Does a student’s freedom of expression trump any dress code? A recent example received public interest when a student sued his school for the right to wear a dress to prom.
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