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Guidelines on Gender Transition or Transexualism for Students and Staff

Introduction

From time to time, instances have occurred of individual students or staff publically identifying as men or women contrary to the sex assigned to them at birth. Where an individual seeks medical and or surgical intervention to effect such a change, they are legally regarded as members of their affirmed sex.

Discrimination on the ground of gender identity is unlawful under the Equal Opportunity Act 1995 (Vic) (the Act) where gender identity means self identification as a person of the relevant gender. The Act acknowledges that a person may identify as a member of a particular gender by their style of dress, medical intervention or by other means, including a change of name. Medical intervention, in this sense, may include any relevant attention or treatment by a qualified medical practitioner, including hormone therapy, counselling and surgery. Other ways a person expresses their gender identity are also recognised. Thus the provision applies to people born intersexed (where incongruence exists between a person's major sex determinants, i.e. chromosomes, sex organs, hormones, secondary sexual characteristics etc) and with transexualism (where a person who appears to be of one sex but has an overwhelming desire to be the other), as well as the transgendered (those individuals who may identify and live intermittently or even full time as the other sex but have no desire to actually become that sex through medical intervention. People who have been assigned to a particular sex, either at birth or after medical procedures, are also protected by the "sex" attribute under the Act.

These guidelines have been developed to assist individual staff members or students undergoing gender transition or sexual reassignment to continue to work or study productively.

Guidelines

In order that individual staff members or students are not discriminated against or harassed on the basis of their "gender identity", appropriate action to be taken will include:

  • Amendment of university records so that all employment rights and academic credits are retained and reflect the correct name and or sex of the individual.
  • The head of department or nominee will be responsible for taking appropriate steps to prevent discrimination or harassment of any member of staff or student because of their "gender identity". The staff member or student concerned will be consulted throughout the process.
  • With the consent of the individual, workplace colleagues or fellow-students may be briefed by appropriately qualified people to ensure a high level of understanding and acceptance.
  • Counselling or other support to the individual and to workplace colleagues or fellow-students is to be made available.
  • The individual's right to privacy is to be maintained at all times.
  • Academic transcripts, referee reports and similar documents will be issued in the new name and or sex on the production of appropriate documentation.
  • Equal opportunity guidelines on promotion and staff selection will be amended to make clear that the term "gender identity" is an attribute of the Act and protects people who are born intersexed, are transexual or transgender.
  • The Equity and Diversity Centre will provide assistance to the individuals to whom the "gender identity" attribute applies.
  • A staff member or student who believes he or she has been discriminated against or harassed on account of their "gender identity" may consult a Discrimination and Harassment Grievance Adviser and request support, conciliation or investigation under the Discrimination and Sexual Harassment Grievance Procedures.

Approved by the Equal Opportunity Committee, Meeting 2/97, 24 July 1997 (Updated March 2004)