Transgender Rights in Higher Education

Federal & State Policy

State Policies
When it comes to current policies in the United States, there is relatively little that protects the transgender community on college campuses. While most states implement a general non-discrimination policy to protect students from harassment, it does not specifically apply to the transgender student experience.

For example, the Board of Regents of the University System of Georgia (1969) declared that no students may be discriminated against based on “race, color, sex, religion, creed, national origin, age or handicap” (n.p.).

In looking at the policy as it stands, it fails to recognize that gender-identity is a common category that attracts discrimination and harassment on college campuses. The state’s policy leaves the transgender community completely exposed and unprotected by law and unfortunately Georgia is not the only state to do this. Many other states that include a policy for non-discrimination on college campuses only focus their attention on categories like the ones specified in Georgia’s policy. As a result, discrimination against the transgender community is common and widespread in higher education since there are no legal repercussions.

Indiana, Michigan, Missouri, New Jersey, New York and Washington, fail to have any policy related to education equity and diversity. This means that these states do not even legally recognize matters of discrimination based on race, gender or otherwise. If they fail to protect all different student communities represented in higher education then the transgender community is most certainly ignored.



California Takes the Lead
California, however, is the only state to have introduced legislation that properly acknowledges and supports the transgender community’s fight against discrimination.
 

Education code 66271.2: each college campus must have an employee designated as a point of contact for the LGBTQ community that is easily accessible and available.


Education code 66271.3: each campus is encouraged to conduct an assessment of its campus climate and determine what the quality of life is like for the LGBTQ community. A Legislative Analyst should gather the data and make relevant recommendations for each campus so that they may improve the quality of life for the student community.

This policy is innovative and progressive in its attempts to embrace the LGBTQ community on California college campuses. It can act as a model for other states as they begin to consider future policies that specifically cater to the LGBTQ community.


Federal Policies
While many state-based policies have not been supportive of the transgender community, the federal government has made some progress. In recent years, the U.S. Department of Education Office of Civil Rights revised Title IX of the Education Amendments of 1972 to include and protect the LGBTQ community against sex discrimination. While universities are managing to find ways around this new amendment, this is a big step for the nation as it acknowledges the importance of defending transgender rights in higher education.

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