BOR Non-Discrimination Policy 703 Changes

CALL TO ACTION

Additions to BOR Non-Discrimination Policy 703

History:

Fall 2011 -- Cassidy Medicine Horse, a doctoral student in Native American studies, approaches ASMSU with her concerns about the lack of unisex restrooms on campus. Unfortunately, no senators follow up on her request.

July 2012 -- Medicine Horse meets with ASMSU executives to speak about the lack of response to her requests. ASMSU President Kiah Abbey and Vice President Lindsay Murdock reach out to Senator Troy Duker to do research how ASMSU can work with facilities to change policy. Senator Duker finds that the Board of Regents’ Non-Discrimination Policy does not include gender identity and sexual orientation or preference. Abbey, Murdock and Duker feel that the system policy needs to be changed before they can impact campus.

August 2012 -- Duker reaches out to ASUM to discuss the creation of a joint resolution. ASUM Senator Topher Williams signs on to help out. The pair craft a resolution.

September 2012 -- The resolution is passed in both senate bodies in early September and sent to Commissioner Christian and the seven members of the Montana Board of Regents.

October 2012 -- The policy change is submitted as an agenda item for the November 2012 Board of Regents meeting. At the planning meeting for the November meeting OCHE discusses the need for an implementation plan before adding it to an agenda for the Board of Regents. ASMSU President Kiah Abbey calls Commissioner Christian to discuss concerns-- the following is presented:

The policy has the potential to affect substantial change in the system. Thus, OCHE would like to have a thoughtful implementation plan in place before passing the policy.
The current non-discrimination policy procedure for the Montana University System has two levels. At the system level only those identity characteristics that are in the federal and state policies are included. OCHE then encourages the campuses to adopt more comprehensive non-discrimination policies. Commissioner Christian expressed that this policy change may be more appropriate at the campus level.
Commissioner Christian expressed that his office has not heard any stories of concern that would warrant the policy change.

November 2012 -- Commissioner Christian presents the change during his opening statements at the November Board of Regents stating that the Office of the Commissioner of Higher Education is currently looking into the policy change and that there is a possibility of creating an implementation committee. There is no formal discussion of the item within the board, however multiple individuals testify during public comment.

December 2012 -- Abbey speaks with Neil Moisey, Interim Deputy Commissioner, Academic, Research & Student Affairs, and Jessica Brubaker, OCHE Staff Attorney, about OCHE’s progress. Brubaker reports that she has been working diligently on the policy change looking into policies across the country. Moisey and Brubaker request more letters describing the personal experiences of students in the MUS be sent directly to them so that they can better understand the reason for changing the policy and better tailor the policy change to protect those students. Senator Topher Willaims and ASUM Business Manager Micah Nielson begin the “703” social media campaign.

Present Needs:

Letters to the OCHE Staff Attorney Jessica Brubaker with these three components (see draft letter):

Introduce yourself & your tie to the Montana University System
Why is this policy change important to you? For example:

Tell your story as a person of the LGBTQAI community on campus in the Montana University System.
Explain why this policy change needs to happen at the system level as opposed to the campus level.
Describe how you feel the policy change would positively impact the campuses in the system
Describe how you feel a progressive policy change at a state level supporting individuals who are part of the LGBTQAI community could affect positive change for the entire state
Ask that this policy change remain a priority for the Office of the Commissioner of Higher Education. Encourage OCHE to bring the policy change to the Board for approval by May 2013 at the very latest.

Mail your letters to:

Jessica Brubaker

Office of the Commissioner of Higher Education

2500 Broadway Street

PO Box 203201

Helena, MT 59620-3201

Or email your letters to:

jbrubaker@montana.edu

If you are a supporter but can’t write a personal letter, sign the digital letter here.
If you are part of a governing body (i.e. student government, faculty senate, professional council) in the Montana University System, please consider passing the attached resolution through your respective governing body.

With any questions or concerns, please contact Kiah Abbey at (406)994-6861.

Bathroom Talking Points

Definitions: (from the ACLU)

Gender identity: Gender identity is a person’s internal sense of being a man or a woman.

Gender expression: The way a person reveals his or her gender identity is gender expression. A person’s clothing, mannerisms, voice, etc., can all be a part of the person’s gender expression.

Transgender: Transgender is frequently used to describe a broad range of identities and experiences that fall outside of the traditional understanding of gender. Therefore, in addition to those people who wish to transition from one gender to another or have done so (who are often described by the clinical term “transsexual”), transgender often is meant to encompass a larger community that includes, for example, crossdressers and intersex individuals. Some transgender people prefer to describe themselves as genderqueer, gender variant or gender nonconforming.

Not everyone who does not conform to gender stereotypes, however, identifies as transgender. In particular, there are many people, including children, who do not conform to gender stereotypes but do not experience conflict between their gender identity and the gender assigned to them at birth.

Transsexual: Transsexual is the clinical term used to describe people who experience a conflict between their physical sex and their gender identity. For example, a person born with a female body but with primarily a male gender identity is a transsexual male. Because the term has clinical roots, it is widely used to describe the subset of people who wish to alter, are altering, or have changed their bodies hormonally and/or surgically to match their gender identity. We have used transsexual in this way, while recognizing that there is no one course of medical treatment that is necessary for a transsexual individual.

(Gender) Transition : Transition or gender transition describes the long, complex process of altering a person’s birth-assigned sex to match his or her gender identity. Gender transition can include hormone therapy, presenting full-time in the gender corresponding to one’s gender identity, and, in some but not all cases, surgical interventions or procedures.

Gender identity disorder : Gender identity disorder is the medical diagnosis for individuals who experience a disconnect between their birthassigned sex and their gender identity. The term gender dysphoria is often used instead of gender identity disorder, reflecting in part a skepticism about whether it is appropriate to consider dissonance between one’s gender identity and one’s body as a “disorder.”

Sex reassignment surgery: This phrase is commonly used to describe certain forms of transition-related surgical procedures, and usually refers to genital reconstruction surgery. Notwithstanding its regular use, this terminology is faulty on numerous levels. First, it fails to reflect the fact that, for transgender people, transition-related surgery is simply a necessary step to affirm (rather than reassign) one’s sex/gender. As a result, the preferred term for such procedures is gender confirmation and/or gender affirmation surgery. Second, many people and courts assume that “sex reassignment surgery” means only genital surgery, whereas there are in fact a number of surgical procedures that can be part of an individual’s gender transition, including genital reconstruction surgery, breast augmentation or reduction and hysterectomy.

Draft Letter:

Jessica Brubaker

Office of the Commissioner of Higher Education

2500 Broadway Street

PO Box 203201

Helena, MT 59620-3201

Jo Student

Montana System Campus

1234 HOME ADDRESS

(123) CELL-PHONE

Dear Ms. Brubaker,

My name is Jo Student and I am currently a senior in Awesome Major at Montana System Campus. I’ve spent my entire college career in the Montana University System and fully identify with being a proud Mascot. I’m writing in regards to the recent proposal to change Board of Regents Policy 703.

This is important to me because … [personalize it].

As a student in the Montana University System, I hope that you’ll take my concerns seriously. While this may seemingly only affect a small population of the Montana University System, it will have ripple effects across the campuses. We no longer can afford to be reactive in our response to hate crimes. It is critical that as the state’s only university system MUS take progressive and proactive measures to ensure that every person (students, staff, and faculty alike) feel safe and welcome on our campuses.

In order to ensure that this policy change remain a priority for the Montana University System, I urge you to create an implementation task force. I would love to see a student co-chairing this task force that can truly connect you to the experiences of LGBTQAI students across the system. Additionally, I would like request that this policy change be brought to the Montana Board of Regents no later than May of 2013.

Thank you for your consideration. I look forward to seeing you at the January Board of Regents’ meeting.

Sincerely,

Jo Student

Resolution:

Intent: To affirm the support of the Associated Students of Montana State University and the Associated Students of the University of Montana for the addition of gender identity and sexual orientation or preference to Montana Board of Regents (BOR) Policy 703 with the aim to protect all constituencies under the purview of this body.

Whereas, BOR Policy 703 does not protect a significant portion of its constituency; and,

Whereas, The intentions expressed in BOR Policy 703 are to protect all persons who may fall victim to discrimination; and,

Whereas, Individuals whose gender identity and sexual orientation or preference differs from the normative are not protected by the aforementioned policy; and,

Whereas, All constituencies of the Montana Board of Regents should have “the right to be free from discrimination”; and,

Whereas, the Montana Board of Regents public non-discrimination policy needs to insure the equality of the LGBTQAI community.

Therefore, let it be resolved that: the Associated Students of Montana State University and the Associated Students of the University of Montana propose an addition of gender identity and sexual orientation or preference to Montana Board of Regents Policy 703 in order to protect all constituencies from acts of discrimination.

Let it be further resolved that: a copy of this resolution be sent to Governor Brian Schweitzer of the State of Montana; Commissioner Clayton Christian; the seven members of the Montana Board of Regents; Dr. Waded Cruzado, President of Montana State University; Dr. Royce Engstrom, President of The University of Montana; and local campus and municipal media markets.