Trans Community Consultation on Policy Protections and Responsibilities
The Queering University programme has worked with the trans staff and student community at Warwick to identify key policy protections and responsibilities that enable trans people to participate fully and safely as members of the Warwick community. These key considerations, presented by theme below, are intended to inform the review of the University's Trans & Gender Reassignment policy.
Personal Data & Confidentiality
The general principles of the GDPR have particular relevance; when processing trans people's personal data you should have a good reason for doing so, data should be collected for specified, explicit, legitimate purposes, you should only collect the smallest about of data needed for your purposes, you should ensure the accuracy of the data you collect and store, you need to be able to justify the length of time you retain data, you should not retain data longer than necessary, you should maintain the integrity and confidentiality of the data you collect, and there should be clear accountability mechanisms.
Ensuring the accuracy of the data you collect includes ensuring sufficient options at the point of collection, such as title and gender options that can accurately record non-binary identities.
Some data might not traditionally be seen as confidential, such as legal name and gender. However, sharing a trans person's legal name or gender might constitute a risk to their safety or wellbeing, particularly where it has the effect of outing them to others.
A trans person's disclosure of their gender, trans identity, chosen name, legal name, and other similar data should not be assumed as consent to share said data or to use it in a wider context. The consent to use, process, or share that data may be limited to a specific context, environment, or set of people. In particular, a trans person might be 'out' to some people, but not others, and thus clarity and consent should be sought in relation to (for example) what name and pronouns to use in what context.
Clarity should be provided in relation to what data is being collected, how it will be used, who will have access to it, and how it can be updated in the future. This includes demographic data collected at (re)enrolment or induction, which can later be updated via eVision or SuccessFactors.
Unless legally prohibited, data analysis should not exclude trans women from the categories of 'woman' or 'female', nor trans men from the categories of 'men' or 'male'.
It is imperative to ensure clarity in terms of what data is being collected. For example, the concept of 'legal sex' is ill-defined, and without additional clarification will result in a data set which cannot be assumed to represent legal gender markers as held by HMRC, gender markers as on drivers' license, gender markers as on birth certificates etc. Not only does this cause confusion at the point of request, it causes significant issues for data analysis.
Legal sex related data should never be collected in isolation from gender, and should only be collected where there is a clear relevance and necessity, such as for payroll purposes due to external (HMRC) requirements.
Legal sex related data and legal name data should only be used when absolutely necessary i.e. where legally required. A person should be addressed by their chosen name, and with the correct gendered language, at all other times. Legal advice should be sought where there is any uncertainty.
Facilities
Gender-neutral toilet facilities should be easily accessible from any location on campus. There should be gender-neutral toilet facilities in every building, though where gender-neutral toilet facilities are not wholly self-contained (including shared hand-washing facilities) this should not result in a lack of gendered toilet provision within the building.
All single-occupancy wholly self-contained toilet facilities should be gender-neutral, unless they are themselves within gendered facilities (such as gendered changing rooms).
It is inappropriate to suggest that accessible toilet facilities are a suitable alternative to gender-neutral toilet facilities, and accessible toilet provision should not be repurposed or reduced to provide gender-neutral toilet facilities.
All reviews of facilities that include gendered toilet facilities should consider whether there is an opportunity to improve gender-neutral toilet provision.
Where there are not currently gender-neutral toilets within a University building, the exterior of gendered toilet facilities should signpost to the nearest gender-neutral toilet facilities (which are accessible without specific card access requirements). This signage should include the travel distance between the two locations.
All toilet facilities, along with their designation, should be clearly labelled and searchable on the campus map.
Gender-neutral toilet signage should consist of a toilet icon and the word 'Toilet'.
Access to gender-neutral facilities should be in line with access to gendered facilities, without additional barriers such as the requirement to request a key, or to be let into an area of restricted access.
In addition to gender-neutral toilet facilities, other facilities that are gendered should be provided on a gender-neutral basis in line with the same principles as gender-neutral toilets. This includes gender-neutral shower facilities, and gender-neutral changing room facilities.
Access to gendered facilities should be in line with self-identified gender.
Knowingly reporting a trans person who is accessing gendered facilities in line with their gender identity is inappropriate and not in line with the Dignity at Warwick policy.
Menstrual care and safer sex materials, where provided, should not be limited to gender-specific locations.
Sanitary bins should be provided in all toilet facilities, though need not be provided within every cubicle where demand is likely to be low. Cubicles within such facilities should be marked with a sticker on the stall door indicating the presence of a sanitary bin.
Gendered Spaces
The need, purpose and effect of gender-specific or gender-segregated spaces (including splitting into groups within a mixed-gender session) should be carefully considered before they are established, as they can present challenges and barriers to trans people. This can include a requirement to 'out' or misgender yourself within a group setting.
Gender-segregated spaces should include a clear plan for non-binary users/participants, that is clearly communicated and does not rely on a specific request for information. It is not appropriate to plan on the basis that there will be no non-binary users/participants.
Access to all gendered spaces should be in line with self-identified gender. That includes access for trans women to all women/female-only spaces within the University, and similarly access for trans men to all men/male-only spaces.
Knowingly reporting a trans person who is accessing gendered spaces in line with their gender identity is inappropriate and not in line with the Dignity at Warwick policy.
Advertising gender-specific spaces, services and opportunities should take care not to exclude trans people of the relevant gender, such as by segmenting communications by gender marker on University records.
Gendered and Gender-Neutral Language
Gendered language is appropriate when the gender of all subjects is explicitly known (not assumed), and the gendered language is in agreement with the subjects' gender. Care should be taken not to use gendered language where this is not the case, such as when addressing a new group, or referring to a person who has not disclosed their gender.
Gender-neutral language should be used, exclusively or in addition, where the gender of one or more of the subjects is unknown, or different. For example, not referring to a group of women and non-binary people as 'ladies', or to all people capable of being pregnant exclusively as 'women'.
For the avoidance of any doubt, trans people should be referred to with gendered language in line with their self-identified gender, unless they explicitly request otherwise. This includes gendered/gender-neutral nouns and pronouns.
The above also applies with respect to recognising the existence of non-binary people, for example using the term 'people' rather than 'men and women' exclusively.
Caution and consideration is recommended when using terms that might be perceived as gendered by some, even if the intent was not for it to be gendered. One such example is the use of 'guys' in relation to a mixed-gender group.
Pronouns should be considered a specific type of gendered language. Considerations specific to pronouns are set out in the dedicated section on pronouns.
Coming Out and Transition
A person may choose to update the gender on their staff or student record, without the requirement for any form of evidence.
Similarly, a person may choose to update the chosen name on their staff or student record, without the requirement of any evidence. If a person wishes to update the legal name on their staff or student record, a deed poll or other similar form of evidence is required.
Should a trans person wish to change which gendered facilities they use/gendered spaces they access, they may do so in line with their gender. It should be recognised that trans people may not always access gendered spaces in line with their gender, particularly where they are concerned for their safety.
The University will offer support to locate alternative gendered provision, such as where a student is housed in gendered accommodation, or on a placement with a gender-related occupational requirement.
A trans person's disclosure of their gender, trans identity, chosen name, legal name, and other similar data should not be assumed as consent to share or use that information in a wider context. The consent to use or share that information may be limited to a specific context, environment, or set of people. In particular, a trans person might be 'out' to some people, but not others, and thus clarity and consent should be sought (from the person themselves) in relation to, for example, what name and pronouns to use for them in different contexts.
There should be transparency regarding the timescale required to action any changes requested, and such timescales should be reasonable, with consideration for the distress that may be caused by a delay in processing.
Where information is being used, or collected with the potential to be used, in a way that could constitute a risk of 'outing' a trans person, it should be clear at the point of collection how the data will be used and who will have access to it. For example, if a student's chosen name might be used to address a letter sent to their non-termtime address (likely to be their family home).
Trans people may require time off for appointments, medical care, and recovery associated with their transition. This should be treated in line with absence and mitigating circumstances arrangements for other forms of essential medical care. It is not appropriate to suggest deferral of medical care, including surgery.
Mitigating circumstances arrangements should cover the entirety of the recommended recovery period for any transition-related surgery.
Choosing whether or not to come out and/or transition is a highly individual, personal, and complex decision. Other members of the University community should not attempt to influence a trans person's decision to/not to come out or transition. There should be no expectation that a trans person discloses their trans identity or gender to others.
Changes such as updates to staff and student records, or coming out to colleagues, should be driven by the trans person, and supported by their tutor, line manager, and other staff with a duty of care.
Trans students whose legal name has changed subsequent to their graduation are entitled to an updated degree certificate, HEAR and transcript in their new name.
University processes should be designed in such a way as to reduce the number of people a trans person is required to disclose their trans identity to in order to access support. This includes the use of named points of contact, rather than shared resource accounts, for relevant processes such as requesting an update to the name on a degree certificate or to be read out at graduation.
There should be a guide with relevant content to support navigating University processes and services as a trans person, which should be promoted in such a way as to ensure familiarity with its existence across the University communicated.
Dress Codes
No dress code at the University should be gendered, offering the same range/choices to all who are required to abide by it. Since gendered dress codes are sometimes implied/perceived, rather than explicitly stated, an effort should be made to clarify that University dress codes are not gendered.
Where dress codes are imposed on staff or students externally, such as on a placement or attachment, the University will offer support negotiating suitable arrangements that respect the identity, privacy and dignity of trans staff and students.
Recruitment
A trans person's qualifications, accreditations, and other evidence required as part of their application, recruitment/decision and induction processes may be in a different name to their current legal name and/or chosen name. Copies should only be made where absolutely necessary, and kept in the strictest confidence.
The application/recruitment process should be managed in such a way that no evidence which might out a trans person, or disclose their deadname (including where it is their current legal name), is shared with members of the recruitment/application panel.
There should be clarity at the point of application regarding what data is collected, how it will be used and for what purpose, who it will be shared with and in what capacity, and more generally who will have access to it.
There should be a clear departmental and social inclusion contact listed on all job adverts, to provide opportunity for applicants to reach out and discuss any questions or concerns they may have. This might include a discussion of transition-related support, or how to evidence qualifications in a former legal name.
Active Bystander Intervention
Every member of the University community has a responsibility as an active bystander to intervene in response to harmful attitudes and behaviours, including transphobia and the ways in which it manifests, such as misgendering and deadnaming.
Where possible, the wishes of any victim present should inform the actions of active bystanders. For example, a trans person who has been misgendered may wish to directly challenge the behaviour themselves, or they may wish for an intervention to be delayed.
The University has a responsibility to support all members of its community to develop their knowledge, skills, and confidence to make safe, effective interventions in response to harmful behaviours. This includes developing the ability to recognise harmful behaviours, including LGBTQUIAphobic behaviours and attitudes.
Training and Development
The University recognises that trans men are men, trans women are women, and that non-binary gender identities are valid.
The University is committed to trans equality and inclusion, and will support trans people towards these aims.
The University has a responsibility to raise awareness of trans identities and experiences, and promote trans-inclusive practices.
The University will support staff and students to build their knowledge, skills, and confidence in relation to trans identities and trans-inclusive practices, including through the provision of training and development opportunities.
Every member of the University community also has a responsibility for self-education and growing their knowledge in relation to trans identities and trans-inclusive practices.
Dedicated training on trans identities, experiences, and related issues should form part of every staff and student's development at the University, at a level of detail that results in familiarity and confidence with trans identities and trans-inclusive practices.
Staff and students are expected to engage constructively with training and guidance provided.
Staff and students have a responsibility to familiarise themselves with relevant University policy and processes, which includes the Trans & Gender Reassignment Policy. The University has a responsibility, through HR and the Social Inclusion teams, to clearly communicate its contents to all members of the University community and to support understanding of its contents.
Cultural competency on trans issues may require role-specific training and development, especially in relation to roles which provide pastoral support within the University. Managers have a responsibility to consider the provision of such training and development support, including as part of new starter induction planning and the PDR process. No reasonable request for such training, made by individuals or their management, will be denied by the University.
Names
A person's chosen name may or may not also be their legal name. Chosen names should be used in preference to legal names wherever legally possible.
Trans staff and students may update their chosen name on University systems, despite using a different name than that on their staff or student record. This may happen where there are concerns that communication to their address could result in being outed to family or hall- or housemates.
A person's gender should not be assumed from their name.
Repeat or deliberate use of a trans person's former name (deadnaming) is unacceptable behaviour. Similarly, use of a trans person's legal name where different from their chosen name and where it is not legally required, is also unacceptable behaviour.
Where it is necessary to use a trans person's legal name and it differs from their chosen name, its disclosure to others should be limited, and held in strict confidence.
Where a trans person wishes to change the name they publish under, the University will support them to navigate this process.
A trans person's chosen name can be read aloud at their graduation in place of their legal name. This is facilitated by the ceremonies team by direct request.
For additional name-related considerations, see also the Personal Data & Confidentiality and Coming Out & Transition sections.
Pronouns
Gendered pronouns, as a form of gendered language, should only be used when the gender of the subject is explicitly known (not assumed). Gender-neutral pronouns offer an alternative when it is not feasible to obtain explicit confirmation of gender.
Where they have been disclosed, students' pronouns may be found on their Tabula profile. However, a person's explicit request should take precedence over the chosen pronouns on their profile.
The University supports and encourages the use of pronoun badges. Staff and students may collect a free pronoun badge from Senate House Reception.
The University also supports and encourages the inclusion of pronouns in staff and student email signatures. Pronouns are included within the University's brand guidance for email signatures.
Neo-pronouns are valid, as is the use of multiple pronoun sets (e.g. he/they), as well as the fluid nature of some people's pronouns.
Trans people may be out in some spaces and not others. In order to maintain confidentiality you may therefore be asked to use a different set of pronouns in some spaces. For example, you may be asked to use he/him pronouns within your department spaces, and gender-neutral pronouns in spaces outside of your department.
Trans people's chosen pronouns should be respected by all members of the University community. Deliberate or repeated misgendering of a trans person is unacceptable behaviour and contrary to the University's principles.
A person's gender should not be assumed from their chosen pronouns.
Accommodation
Trans people should be offered priority allocation of en-suite accommodation in University-managed accommodation.
Trans people may require emergency housing support if their accommodation is unsafe, including as a result of transphobic behaviour from hall- or house-mates, or experiencing hate crime/incidents in the area.
The option of LGBTQUIA+ specific housing options can support trans students to access housing in a supportive, understanding environment.
Eligibility for gendered accommodation should be in line with self-identified gender, though trans people in the process of transitioning will not be required to move out of gendered accommodation to which they were allocated prior to coming out.
There was a consensus that we should move away from the use of the term 'preferred' in relation to chosen names and pronouns, as it suggests a degree of optionality. The proposed alternative is 'chosen name' and 'chosen pronouns', or simply 'name' and 'pronouns' (where there is no potential for confusion with other data such as legal name).