Hi Alexandra and All on the list,
Firstly, I would like to thank Alexandra and all those who responded to this message and have
provided support and advice. It is much appreciated. So that the people who have responded can be
better informed, I would like to make some comments. None of my comments are meant to dispute or
minimize other people's comments on this issue.
2. Issues Relating to the Disclosure of the Staff Member's Medical History.
The principle charge that the staff member was trans for sexual, rather, than gender related issues.
It was the student's "distress" regarding the fact of a "man in woman's clothes" etc that was the
issue i.e blatant trans-phobia.
The medical records were required to demonstrate that the staff member concerned had permanently and
irreversibly crossed gender lines and the person concerned had done so primarily for issues relating
to gender identity rather than for "devious sexual purposes." In other words, there was an
underlying stream of homophobia involved as well.
It is my understanding that it is the first time that this particular university has had to deal
with an issue involving a trans member of staff. Everybody involved, except the trans person and
myself, seemed to be utterly confused about the difference between gender identity and expression
and sexuality/sexual orientation.
I should point out that even if the staff member was a flaming transvestite, there is no reason,
provided the person concerned does not behave in a sexually inappropriate manner in the class room
or with students, that the person should be subject to this type of allegation.
All that I am trying to say is that none of this is relevant to the staff member concerned
performing her job and it is none of the university's or student body's business. The reality
though is that the university concerned has chosen to make it their business.
2. At no time was there any inappropriate sexual behavior between the staff member and the student
concerned: there was no dating, touching, solicitation for sex or anything of this nature. Even the
student acknowledges this.
3. This was the 3rd time that the student concerned had taken
>Frankly, all this fuss over a D grade is ridiculous. If the student feels
>disadvantaged, they might be offered a comprehensive examination by another
>competent professor. As far as privacy issues are concerned, everyone who
>participates in an academic disciplinary hearing process should sign a
>confidentiality agreement. As far as the spreading of malicious rumors, I
>would consider bringing the student up on administrative charges --and--
>more to the point such rumor mongering is certainly grounds for a slander
>or invasion of privacy suit.
Yes, I agree. Unfortunately, the procedure at the university concerned outlaws, under threat of
dismissal, any action against any party involved in this type of dispute that could be viewed as
retaliatory. A law suit would be judged to be a retaliatory action and a violation of the
university rules. This would place the staff member in jeopardy of dismissal.
>The notion that a single D grade might be worth the time and expense of
>filing a civil complaint and holding a civil trial sounds like an abuse of
>process which would likely incur court sanctions.
Yes, I agree. I do not believe that the student concerned is acting in their own best interest. I
hope that the student concerned will calm down and choose to spend her energy, time and money more
wisely.
>QUESTION: Since no identifying information has been provided -- is this D
>grade an isolated instance -- does the student consistently perform at an A
>or B level in all other classes?
This was the 4th course in the subject area that the student concerned had taken. The student
barely scrapped a grade of "C" in the first 3 courses. The course in which she received a high "D"
grade was a more advanced course than the others that the student had taken previously. In other
words, the grade the student received was consistent with her previous performance in the subject
area. It was also consistent with her overall performance in her course.
>QUESTION: Were any alternative courses offered that the student could have
>transferred into if they were uncomfortable with this particular teacher?
No. The issue is that the student was never uncomfortable with the teacher until her petition to
the scholastic petition's committee of the relevant faculty was rejected.
>QUESTION: Was this an absolutely required course which had to be passed
>during the current academic term in order for the student to advance?
>Could the student have taken some other course and retaken this course at
>some suitable time in the future with another instructor?
No. It was a required course. The course concerned was taught by 2 instructors (each taught
different sections of the course). The student performed badly in both instructors sections of the
course. In fact the student performed more poorly with the non-trans instructor and is know to have
complained bitterly about the non-trans instructor while praising the trans instructor in front of
her fellow students.
>QUESTION: Could the student have taken this course at another neighboring
>institution?
No. The course is the only one of its type available in the state.
>QUESTION: Exactly how and why did the student become aware of the
>teacher's trans status?
Rumor
>QUESTION: Did the student receive one or two midterm grades, project
>grades, or other mid term progress indicators which might have suggested to
>the student they were in trouble in this course? Was there some reason the
>student did not drop this course before the drop deadline -- knowing they
>were in academic jeopardy?
The students in the course had weekly quizzes, had to submit answers to lecture review questions and
had 3 mid-term exams and 3 end of term exams. The student concerned was well aware that she was in
academic jeopardy well before the end of the semester and had been extensively counciled regarding
her performance. The student had been given a large amount of extra tutorial assistance.
>QUESTION: If the student were offered an alternative comprehensive
>examination -- how would they score?
The student concerned performed even worse in the non-trans instructor's than she did in the tran's
instructors section of the course.
>QUESTION: What third party documentation or testimony exists that the
>student spoke with parents, friends, other teachers, administration, or
>anyone else about their supposed feelings regarding this teacher prior to
>coming up with a scheme to try to damage the teacher following refusal to
>change from D to C grade? If the student felt so terrible, why didn't they
>say something to anyone else? If they did say something to someone else
>why didn't the other person counsel them to take a different class or
>discuss the matter with the academic authorities?
The issue is that at no time during the course of the semester did the student concerned show ANY
signs of distress regarding the trans-instructor nor did she tell anybody that she was feeling
distressed. The student concerned actively and regularly sought tutorial assistance, advice and
support through out the course of the semester from the trans-instructor in preference to the
non-trans instructor. The student concerned even brought her 2 pet dogs in to show the
trans-instructor.
Pardon my sarcasm, but the first thing that I think of when I am feeling distressed is that I should
take my pets in and show them to my boss........
>The bottom line -- final grades should never be a surprise -- mid term
>progress feedback should always be provided to the student -- drop
>deadlines should be highlighted -- and I personally counsel students they
>should consider (1) serious tutoring by a third party or (2) dropping my
>course if it seems to me they are unlikely to obtain a passing grade in one
>of my classes. If this student was provided feedback regarding the
>potential for a poor final grade and chose to remain in the class it should
>be very difficult to claim professor is at fault.
The student's final grade was no surprise to anybody. The student's reaction was. It is
acknowledged by the trans-staff member's head of department and colleges that the trans-staff member
did everything to help the student concerned succeed, with the exception that the trans-staff member
refused to capriciously increase the student's grade.
Hope this clarifies things a bit
Cheers to all
Rhian
>
>Best Regards, Alexandra
>
>At 10:09 AM 8/16/00 CDT, you wrote:
>>Dear All,
>>
>>This is a new one on me. I am currently involved in defending a post-op
>transsexual staff member at
>>a university in north America who has been accused of sexual
>discrimination/harassment by a female
>>student. The student's claims are as follows:
>>
>>
>>The student became aware of the staff member's transsexual status early in
>the spring semester of
>>year 2000. The student's claims that her awareness of her teacher's trans
>status created enormous
>>psychological discomfort and a significant psychological burden. The
>student further claims that
>>this "burden" and "distress" created a "hostile learning environment"
>which resulted in the student
>>being awarded a grade of D in the class.
>>
>>This is in spite of the student approaching the trans staff member on many
>occasions (at least
>>10-15) during the teaching semester for help and advise regarding the
>course and other issues. The
>>trans staff member actively helped the student to the best of her ability.
>>
>>When the student concerned received a grade of "D" in the trans staff
>member's course, the student
>>concerned actively and aggressively lobbied the trans staff member to
>capriciously increase her
>>grade to a "C". The trans staff member refused to do so. Apparently, the
>student concerned needed
>>a grade of "C" to meet the minimum academic requirements for continuing
>her course.
>>
>>When the student concerned applied to the scholastic petition's committee
>of the relevant faculty of
>>the university, she even approached the trans staff member for advice and
>support in formulating her
>>appeal. Advice which was given by the trans staff member.
>>
>>The student's appeal to the scholastic petitions committee failed.
>Several weeks after this event,
>>the student concerned lodged a complaint of sexual discrimination.
>>
>>I should point out that at no time did the trans staff member touch the
>student concerned, nor did
>>she solicit any form of date, nor was there any discussions of a sexual
>nature, nor did the staff
>>member meet with the student outside of an academic context.
>>
>>The student's enormous psychological discomfort and psychological burden
>seems to have arisen only
>>following the failure of the student's academic petition.
>>
>>
>>During the course of her defense, the trans staff member has been placed
>in a position where she has
>>been forced to reveal her medical history in great detail. In addition,
>inappropriate and
>>misleading information regarding the trans staff member's condition seem
>to have been leaked to her
>>superiors. The trans staff member, fortunately, took the precaution of
>informing her superiors of
>>her status before begriming employment at the U of I. This approach seems
>to have reduced the
>>effect of this inappropriate disclosure of information. The fact that the
>staff member was placed
>>in a position that she had little choice but to reveal, in great detail,
>her medical history, is at
>>best, a significant invasion of privacy.
>>
>>It is my opinion that the student concerned deliberately attempted to use
>and publicize the trans
>>staff member's status in order to cause embarrassment, humiliation and
>mental anguish to the staff
>>member as a revenge for the trans staff member's refusal to capriciously
>increase the student's
>>grade from a "D" to a "C."
>>
>>Having spoken to the student concerned, I feel that the student was well
>aware of the impact that
>>such an allegations would have on the staff member concerned and that the
>student was well aware
>>that such allegations are often very difficult to defend and that even if
>the staff member was
>>exonerated, that such allegations tend to stick. I also feel that the
>student concerned was
>>"street-wise" enough to realize that allegations of sexual misconduct
>against trans people are even
>>more difficult to effectively defend that such allegations directed
>against non-trans people.
>>
>>
>>Having spoken to the university investigating officer involved in this
>case, it is my opinion that
>>if this officer had been better informed regarding trans issues, the
>allegations would never have
>>been filed in the first place.
>>
>>I have been recently informed that the investigating officer's report will
>find that there was no
>>basis for the allegation. Thus, the staff member concerned has been
>cleared of wrong doing.
>>However, this has occurred with significant personal and professional
>damage to the staff member
>>concerned.
>>
>>I have also been informed that the student concerned is not satisfied with
>the investigating
>>officer's report and intends to file a formal complaint at a higher level
>and to pursue legal action
>>against the staff member and the university concerned. We are currently
>waiting to see if the
>>student concerned actually takes such an action.
>>
>>To me, this story illustrates several things:
>>
>>1. The need for discrimination officers within universities to be better
>informed regarding trans
>>issues
>>
>>2. If you are a trans person in a teaching position, simply showing up
>for class is sufficient
>>cause for allegations of sexual misconduct. Trans people seem to
>particularly vulnerable to this
>>type of allegation.
>>
>>3. There is no such thing as respect for "confidentiality" in relation to
>trans issues
>>
>>4. The fact of being a trans person in a position of authority means that
>it is likely that
>>somebody will try to use your medical/gender history against you.
>>
>>5. In countries and states where there is no specific trans-protective
>anti-discrimination
>>legislation, trans-people remain especially vulnerable to these types of
>allegations.
>>
>>6. Even though the trans staff member in this case appears to have been
>exonerated from wrong doing
>>by the university concerned, effectively defending a trans person under
>these circumstances is
>>extremely difficult and seems to require disclosure of significant
>portions of their medical
>>record/history.
>>
>>7. If a non-trans staff member's was forced to disclose their medical
>history/records in such a
>>manner, the reaction would be little less than outrage. It seems because
>the trans-staff member's
>>medical history involved "gender and genitals", disclosure and
>dissemination of her medical records
>>was fair game.
>>
>>It is likely that this story will be continued when the student concerned
>takes formal legal action.
>>
>>I would welcome the thoughts of people on the list on how best to prevent
>such problems occurring to
>>other trans staff and trans students in the future.
>>
>>Having been involved in this case and being a post-op M->F in an academic
>teaching/research
>>position, I am left wondering if I should make better use of my tape
>recorder when meeting with
>>students and always have a witness present i.e. never meet with a student
>alone.
>>
>>
>>Best to all on the list
>>
>>Cheers
>>
>>Rhian
>>
>>Rhian Cope BSc BVSc PhD
>>Assistant Professor Morphology
>>University of Illinois at Urbana-Champaign
>>2001 S Lincoln Ave
>>Urbana, Il 61802, USA
>>
>>Ph: 1-217-244-1583
>>Fax: 1-217-244-1652
>>
>>Email: [log in to unmask]
>>
>
Rhian Cope BSc BVSc PhD
Assistant Professor Morphology
University of Illinois at Urbana-Champaign
2001 S Lincoln Ave
Urbana, Il 61802, USA
Ph: 1-217-244-1583
Fax: 1-217-244-1652
Email: [log in to unmask]
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|
