Aug 29, 2003  |  By: LAUREL FAUST  | COMMENTS     

Officials of colleges and universities in the D.C. metro region were unanimous in their support of freedom from harassment for transgender students, but only American University and Gallaudet University have specific policies in place to protect transgender students from discrimination.

Students and staff at the University of the District of Columbia are covered under D.C.’s Human Rights Law, which includes a prohibition on discrimination by reason of personal appearance. The University of Maryland is in the final stages of approving an amended code that would include protection against discrimination for transgender people.

The U.Md. Senate in March voted unanimously to amend the university’s Human Relations Code to provide protections for transgender and transsexual people. University President Dan Mote signed the amended code. The matter awaits consideration by the Board of Regents and State Attorney General J. Joseph Curran.

“The transgender students who I work with are very happy about this. Of course they wish it was already in place, but they’re very pleased with the way it was handled and they look forward to its implementation,” said Luke Jensen, director of UMD’s Office of Lesbian, Gay, Bisexual & Transgender Equity.

The Transgender Law & Policy Institute Web site lists George Washington University as having indicated in job postings that it doesn’t discriminate on the basis of gender identity. Bob Ludwig, interim director of media relations at G.W., said that transgender people are protected under D.C.’s Human Rights Law.

But Wanda Alston, special assistant to Mayor Anthony Williams for gay, lesbian, bisexual and transgender affairs, said the protection only goes so far.

Alston said the Human Rights Law extends protection to UDC students and staff because the school is public. She said that students of private district colleges are protected within the Human Rights Law to an extent, but in her view the college would have a legal advantage in a civil suit filed by a transgender person.

Mara Keisling , executive director of the National Center for Transgender Equality, said that forms of discrimination against transgendered students include being called by the wrong pronouns, housed in inappropriate dorms, and forced to use the wrong bathrooms, though it is unclear which of these instances might actually violate trans-friendly policies. Graduate students can lose their teaching assistantships.

Harassment limits opportunities
Shannon Minter of the National Center for Lesbian Rights said that if the on-campus harassment isn’t stopped, the transgender student could effectively be forced to leave.

“It’s very painful for transgender people to not be acknowledged and respected in their new gender. It’s such a tremendous personal issue,” Minter said.

“It’s incredibly important for educational institutions to eliminate trans-phobia within the educational environment,” agreed Chris Daley, co-founder of the Transgender Law Center. “The only way students can fully access educational opportunities is if they’re able to do so in a non-discriminatory environment.”

Georgetown University has anti-discrimination protection for employees and applicants on the basis of personal appearance, according to Laura Cavender, director of media relations for the university. She said Georgetown maintains a student conduct system that forbids intimidating or hostile behavior toward any student.

Cavender said disciplinary action would be taken in the event of harassment against a transgender student, but she didn’t know what legal recourse a transgender student would have if an incident occurred.

Dylan Vade of the Transgender Law Center said recent rulings by courts show that sexual discrimination policies cover transgender people.

Everett Eberhardt, director of affirmative action and minority and legal affairs at the Northern Virginia Community College, said that there is no policy protecting transgender people at the college, but that he hopes college administrators would be sympathetic to the plight of transgender students in the event that harassment occurred.

“Harassment is harassment. We don’t tolerate harassment of anyone. I like to think that we’re enlightened people here,” he said.

Eberhardt, who is an attorney, said that if a lawsuit was brought against the college, that the college would argue there is no law that precludes discrimination.

“We would try to do the right thing and also to protect the institution,” he said.

Co-Director Dylan Vade of the Transgender Law Center said there is hope for transgender students. Vade cited a case where a Massachusetts Superior Court ruled in favor of a transgender middle school student, who had been forced by the principal to check in every day to see that she was wearing clothing consistent with his interpretation of her gender.

“More and more courts are saying that sex discrimination covers transgender people,” Vade ...