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As a former teacher now working at the post-secondary level of education, I have observed the challenges and strides that have been made on behalf of LGBTQ+ students in a K-12 setting, and now at the university level. While many strides have been made in supporting LGBTQ+ students in recent years, the fight for equality for such individuals, in education specifically, has been long, arduous and is ongoing. This Padlet will focus primarily on the legal and ethical supports that currently exist for this community at the post-secondary level.

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I interviewed Dr. Matthew Fujita, Professor of Biology at the University of Texas at Arlington.  I chose to interview Dr. Fujita as it relates to LGBTQ+ college student rights as he serves as a Maverick Ally; a faculty member trained in awareness, knowledge, and/or skills to confront injustice and advocate for equality related to LGBTQ+ issues of sexual identity, expression, gender and/or gender expression.  While his training in this process primarily focused on advocacy, it also touched on discrimination and how to address such issues within his position.

Dr. Fujita lamented that he feels this topic of legal rights pertaining to LGBTQ+ students is “quite important and relevant to those serving students in higher education” (M. Fujita, personal interview, October 1, 2019).

. Especially as it relates to being able to cultivate a campus that is safe and nurturing to all students. As this topic relates to legal and ethical responsibilities, Dr. Fujita feels as though all faculty and staff members need to take extra care in fully understanding their part as it relates to protecting LGBTQ+ students, particularly Title IX provisions. “We have seen more recently, students, particularly trans students, speaking out about their protections under Title IX discrimination relating to sexual identity” (M. Fujita, personal interview, October 1, 2019).

Dr. Fujita again sights Title IX protections in our discussion about emerging legislation relating to legal rights of LGBTQ+ college students. Specifically, Dr. Fujita referenced the new legislation signed into Texas law that extends current federal Title IX protections by requiring any college employee to report campus sexual misconduct or face criminal penalties. This makes all individuals, at any college campus, mandatory reporters. While Dr. Fujita agrees that such laws are vital in providing further legal protections for all students, he also feels “further guidance should be issued in assisting college employees in knowing when an incident should be reported, under the new legislation” (M. Fujita, personal interview, October 1, 2019). Currently, such strict laws are not in place at my current institution in Oregon State. Keeping a keen eye on how such legislation has impact on Texas institutions could prove fundamental in broadening protections for all students, but LGBTQ+ students, too.

When asked about personal best practices relating to this topic, Dr. Fujita said:

·      Be an advocate.

·      Know your rights as a college employee.

·      Know the legal rights of LGBTQ+ individuals.

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The link below is a letter from the National Educator Association's Director of Government Relations, Marc Egan, addressing and thanking individuals from the House of Representatives for holding a hearing in review of H.R.5, the Equity Act.  The Equity Act, which NEA supports, " would add sexual orientation and gender identity as protected
characteristics under the Civil Rights Act of 1964" (Egan, 2019). The Equity Act was passed by the House of Representatives on May 17, 2019 and is waiting to be considered by the U.S. Senate.

Link:
https://educationvotes.nea.org/wp-content/uploads/2019/04/Equality-Act-HR5-Hearing040219.pdf

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The article titled,

Ask a teacher: Why is the Equality Act critical for LGBTQ educators and students?, summarizes the proposed Equality Act by alluding:

The Equality Act would provide protections for both students and teachers.

LGBTQ+ students do not feel safe under current laws.

For students, the Equality Act would ensure that discrimination again actual or perceived gender and/or sexuality would be unlawful, in any setting.

For educators, states could no longer fire or refuse to hire LGBTQ+ individuals based on their sexual orientation or identity.

Citation: Griffith, C. G. (2019, June 7). Ask a teacher: Why is the Equality Act critical for LGBTQ educators and students? Retrieved from https://educationvotes.nea.org/2019/06/07/ask-a-teacher-why-is-the-equality-act-critical-for-lgbtq-educators-and-students/.

Link: https://educationvotes.nea.org/2019/06/07/ask-a-teacher-why-is-the-equality-act-critical-for-lgbtq-educators-and-students/

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The article,

Feds want to write transgender students out of Title IX, but colleges should tread carefully, references a leaked memo from the trump administration pertaining to Title IX provisions stating:

The Department of Health and Human Services is attempting to narrow the definition of 'gender' to only extend to one's sex at birth.

Under this change, transgender students would not be protected under federal Title IX laws if their identified gender does not match the gender on their birth certificate.

Though, if current Title IX legislation were to be amended, colleges would not be required to change institutional policies protecting such individuals.

Citation: Schwartz, N. (2018, November 12). Feds want to write transgender students out of Title IX, but colleges should tread carefully. Retrieved from https://www.educationdive.com/news/feds-want-to-write-transgender-students-out-of-title-ix-but-colleges-shoul/541920/.

Link:
https://www.educationdive.com/news/feds-want-to-write-transgender-students-out-of-title-ix-but-colleges-shoul/541920/

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Title IX, or the Patsy T. Mink Equal Opportunity in Education Act:

A statutory law.

A federal civil right that prohibits sex discrimination in education.

Mandates that all members at an institution of higher education have the right to be free from all forms of gender and sex-based discrimination, including sexual violence and sexual harassment.

Citation: Education Amendments Act of 1972, 20 U.S.C. §§1681 - 1688 (2018)

Original Source: https://www.justice.gov/crt/title-ix

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The Fourteenth Amendment-Equal Protection:

A constitutional law.

Holds public entities, such as  schools, to protecting and responding to issues of bullying/harassment as equal for all students.

Under Fourteenth Amendment, LGBTQ+ should receive the same protection and response as any other individual (U.S. Const. amend. XIV).

Citation: U.S. Const. amend. XIV

Original Source: https://www.senate.gov/artandhistory/history/common/generic/14thAmendment.htm

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The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (18 U.S.C. § 249), or the Matthew Shepard Act:

A statutory law passed by the U.S. Congress

Criminalizes acts of violence committed against individuals surrounding perceived or actual sexual orientation, gender, gender identity, disability, race, religion, and nationality.

Citation: Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, 18 U.S.C. § 249.

Original Source: https://www.congress.gov/bill/111th-congress/senate-bill/909/text

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Tinker v. Des Moines:

A judicial law.

Ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Tinker 510).

Effectively allows all students, but even LGBTQ+ students, protection by law to express symbols of pride in clothing and other forms of expression.

Citation: Tinker v. Des Moines. 393 U.S. 503. U.S. Supreme Court, 1969.

Original Source: https://www.loc.gov/item/usrep393503/

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As an extension of college students' Title IX protections,  Oregon statutory law established in 2017 (ORS 350.255) requires all institutions of higher learning to develop written protocol detailing the means at which they will support students that are victim to sexual assault. The law also requires Oregon institutions to provide the victim clear explanation of their rights and legal options available in confronting matters of sexual abuse. In addition, this law requires institutions to notify the campus community of sexually explicit crimes via multiple reporting practices.

Citation:
OregonLaws.org. (n.d.). 2017 ORS 350.255 Written sexual assault protocol • content. Retrieved from https://www.oregonlaws.org/ors/350.255

Source: https://www.oregonlaws.org/ors/350.255

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Within higher education, the American School Counseling Association’s ethical standard most applicable to the legal rights of LGBTQ+ individuals is a counselor’s ability to “demonstrate understanding of educational systems, legal issues, policies, research and trends in education” (ASCA, 2016).  While a school counselor’s primary objective is to serve students at the grade level and developmental stage they are at within a K-12 setting, it is also important that a school counselor understand how a student’s legal rights may change as they transition to higher education.  Additionally, staying up-to-date on trends as they develop in higher education could have impact on the counseling and advising taking place at the K-12 level.

Citation: American School Counseling Association. (2018). ASCA School Counselor
Professional Standards & Competencies. Retrieved from https://www.schoolcounselor.org/asca/media/asca/home/SCCompetencies.pdf

Link: https://www.schoolcounselor.org/asca/media/asca/home/SCCompetencies.pdf

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gSafe, a non profit organization dedicated to providing resources for LGBTQ+ youth, families, and educators compiled a comprehensive list of the legislation that protects LGBTQ+ students. The list includes the first and fourteenth Constitutional Amendemnts, the federal Equal Access Act, and Title IX Provisions.

Link:
https://gsafewi.org/resources/for-youth-gsas/legal-rights/federal-laws-that-protect-gsas-and-lgbtq-youth/

Citation: gSafe. (2018). Logo G S A for Safe Schools gay straight alliance. Retrieved from https://gsafewi.org/resources/for-youth-gsas/legal-rights/federal-laws-that-protect-gsas-and-lgbtq-youth/.

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#13 Recommendations / Best Practices for Compliance

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#13 Recommendations / Best Practices for Compliance

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1. Know how your school/institution supports students in LGBTQ+ students.

2. Understand how your position/role at your institution fits into expectations of Title IX compliance/reporting.

3. If in doubt about how to proceed in a certain situation, seek counsel in leadership to ensure all legal and ethical obligations are being met.

4. Know that it is your legal responsibility to report incidents of discrimination and/or harassment as it relates to a students sex and matters of sexual misconduct.

5. Realize how current legislation affects LGBTQ+ students.

6. Be an advocate for LGBTQ+ students in staying up-to-date on current discussions, trends and proposed legislation that could effect LGBTQ+ individuals.