Guidelines Regarding the Support of Transgender and Gender Nonconforming Individuals

Section G: Personnel

Regulation Title: Guidelines Regarding the Support of Transgender and Gender Nonconforming Individuals
Regulation Code: GBA-R

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Purpose

These guidelines set forth protocols to address the needs of transgender and gender nonconforming individuals while employed, working for, volunteering, or participating in district endeavors in the Tucson Unified School District. The guidelines cannot anticipate every situation that might occur with respect to transgender or gender nonconforming individuals or employees. Consequently, the needs of each transgender or gender nonconforming individual must be assessed on a case-by-case basis.

Definitions

The definitions provided here are not intended to label individuals, but rather to assist in understanding these Guidelines and the legal obligations of Tucson Unified staff members. Individuals might or might not use these terms to describe themselves.

  • "Sex" or "Biological Sex" is a label a person is assigned at birth, often based on a medical professional's interpretation of the newborn's physical characteristics. Common examples may be "male," "female," or "intersex."
  • "Gender identity" is the deeply held sense or psychological knowledge that individuals have of their gender, regardless of the biological sex they were assigned at birth. Everyone has a gender identity. Common examples include "male/man/boy," "female/woman/girl," "trans/transgender," "gender variant," "gender nonconforming," "agender," or any combination of these terms.
  • "Transgender" describes people whose gender identity is different from the biological sex they were assigned at birth.
  • "Gender Nonconforming" (also known as Gender Expansive, Gender Variant, or Gender Creative) is a term that refers to individuals whose gender expression does not follow social expectations or stereotypes based on their sex assigned at birth.
  • "Gender expression" refers to the way a person expresses gender, such as clothing, hairstyles, activities, or mannerisms.

Discrimination/ Harassment

It is the policy of Tucson Unified to create an environment in all its school communities where transgender and gender nonconforming individuals are protected from discrimination and harassment. Therefore, it is the responsibility of each Tucson Unified employee to ensure that employees who are transgender and gender nonconforming have a safe, inclusive, and welcoming work environment. This includes ensuring that any incident of discrimination, harassment, or violence is given immediate attention, including investigating the incident and taking appropriate corrective action. Complaints alleging discrimination or harassment based on a person's actual or perceived transgender status or gender nonconformity must be handled in accordance with Policy AC Non-Discrimination, Policy ACA Sexual Harassment, and Title IX.

Privacy

Transgender employees have the right to discuss their gender identity or expression openly, or to keep that information private. The transgender employee gets to decide when, how, and with whom, to share private information. Information about an employee's transgender status (such as the sex they were assigned at birth) can constitute confidential medical information under privacy laws like the Health Insurance Portability and Accountability Act (HIPAA). Management, human resources staff, or coworkers shall not disclose information that may reveal an employee's transgender status or gender nonconforming presentation to others. Personal or confidential information may only be shared with the transgender employee's consent and with coworkers who truly need to know this information to do their jobs.

Official Records

Tucson Unified will change an employee's records to reflect a change in name or gender upon request from the employee. Certain types of records, like those relating to payroll, health benefits, and retirement accounts may require legal documentation before the employee's information can be changed. Most records, however, can be changed to reflect a person's preferred name without proof of a legal name change.

Employees desiring to have their name changed in district systems, such as the Human Resources Information System (HRIS) or email system, should contact the Human Resources partner assigned to their department. Human Resources will explain and guide the employee making the request through the district process and will work with the Information Technology department to implement the desired name change.

Names/ Pronouns

Individuals and employees have the right to be addressed by the name and pronouns that correspond to their gender identity, upon request. Employees are not required to obtain a court order and/or gender change or to change their official records as a prerequisite to being addressed by the name and pronoun that corresponds to their gender identity.

The intentional or persistent refusal by school staff or students to respect an individual's gender identity (for example, intentionally referring to the individual by a name or pronoun that does not correspond to their gender identity) is a violation of these Guidelines, Policy AC, Policy ACA, Title IX, and the Student Code of Conduct. Such violations will result in appropriate consequences for offending staff and students. This directive excludes inadvertent slips or honest mistakes in the use of preferred names or pronouns.

Restroom and Locker Room Accessibility

Individuals and employees shall have access to restrooms and locker rooms corresponding to their gender identity. Any individual who has a need or desire for increased privacy, regardless of the underlying reason, shall be provided access to a single-stall restroom, when available.

Overnight Trips

In no case shall a transgender individual and/or employee be denied the opportunity to participate in an overnight school trip due to transgender status. All requests to participate in overnight school trips must be handled in accordance with the Policy JHC (Released Time for Students), Administrative Regulation EEB-R3 (Student Transportation for Special Events), Policy IJOC and Regulation IJOC-R (School Volunteers), and Administrative Regulation 6153 - Student Travel.

All adults, without regard to gender identity, participating in overnight trips may not share hotel rooms or other room-sharing accommodations with students other than their own child.

ADOPTED: June 10, 2020 [SLT review]

CROSS REF:
Policy GBA - Equal Employment Opportunity
JHC Released Time for Students
EEB-R3 Student Transportation for Special Events
IJOC School Volunteers
Administrative Regulation 6153 - Student Travel

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