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]
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