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					           Gender Reassignment Policy




Human Resources
February 2008

LM/HR/Gender Reassignment Policy
1.0      INTRODUCTION

1.1      This policy has been formulated to provide general guidance and policy advice to
         staff, students and managers about transsexual and gender reassignment issues.

1.2      This policy applies to all staff, including part time teachers, casual staff, temporary
         staff from Employment Agencies and Contractors working on campus.

2.0      AIMS

2.1      The University of Warwick is committed to being a fair and inclusive employer and will
         not discriminate against an applicant, employee or student who is undergoing, or who
         has undergone, gender reassignment.

2.2      Transsexual staff and students are entitled to be treated with respect and permitted to
         perform their roles free from harassment and unfair discrimination. The University of
         Warwick views harassment or discrimination against any student or member of staff
         on any grounds as a serious disciplinary offence.

2.3      We are committed to complying with relevant legislation and codes of practice as a
         minimum benchmark. Wherever possible we strive to exceed legislative requirements
         by developing policies and procedures that help us to achieve our aim of being a
         working environment that is fair and supportive to individual needs and one which it
         expects all staff and students to be treated with fairness, dignity and respect.

3.0      RESPONSIBILITIES

3.1      All members of the University and University staff are responsible for helping to
         ensure that individuals do not suffer any form of discrimination as a result of their
         gender reassignment, and that they are supportive of individual needs. Every person
         working for the University will be accountable for the operation of this policy as they
         carry responsibility for their own behaviour and actions, on and off site during working
         hours or any activity associated with their employment or membership of the
         University.

3.2      All staff in a managerial position are responsible for seeking to prevent any
         infringement of the policy amongst the staff for which they are responsible and taking
         action where appropriate.

3.3      Human Resources and Campus Affairs/Academic Office will be responsible for
         providing training on this policy.

4.0      WHAT IS GENDER REASSIGNMENT?

4.1      There are a small number of people in the United Kingdom whose gender identity
         does not match their appearance and/or anatomy. This is sometimes called gender
         dysphoria or
         gender identity disorder. People with this medical condition who decide to adopt the
         opposite gender to the one assigned at birth are known as ‘transsexual people’.
         Medical treatment to enable transsexual people to alter their bodies to match their
         gender identity is highly successful. The process is known medically as ‘gender
         reassignment’. Transsexual also includes persons living in their new gender, but who
         have elected for personal reasons not to undergo surgical treatment.




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5.0      HOW IS GENDER TRANSITION ACHIEVED?

5.1      Diagnosis of transsexualism may take a matter of months or a period of years.
         Transition is achieved by the person undergoing gender reassignment. The process
         consists of counselling, followed by medication to alter the body and physical
         characteristics. During the early part of the medical process it is possible the
         individual may display characteristics of both genders. The final stage for some
         individuals is to undergo surgery. Not all persons going through gender reassignment
         undergo surgery, it is a personal choice and not a key criterion in the process of
         definition to gender change.

5.2      Transsexualism is not the same as, and should not be confused with, ‘cross dressing’,
         transvestism, or sexual orientation. Transexualism is not a life style choice, nor a
         facet of sexual orientation, nor a disease.

6.0      WHAT IS GENDER RECOGNITION?

6.1      The Gender Recognition Act 2004 allows transsexual people (who are able to satisfy
         the necessary evidential requirements) to apply for full legal recognition in their
         acquired gender, Following a successful application, by issuing them with a Gender
         Recognition Certificate, the law regards the transsexual person, for all purposes, as
         being of their acquired gender.

7.0      WHAT LEGISLATION PROTECTS TRANSSEXUAL PEOPLE?

7.1      Sex Discrimination Act 1975 (SDA) (Gender Reassignment Regulations 1999). The
         Act says that it is unlawful for an employer to discriminate against an employee, job
         applicant or contractor on the grounds of that person’s gender reassignment. The Act
         covers recruitment, transfer, training and promotion, access to work-related benefits,
         facilities and services, dismissal, and any other detriment. It is also unlawful for an
         employer to instruct someone else to do something discriminatory – for instance,
         telling an employment agency not to hire a transsexual person. Pressure to
         discriminate is also unlawful – for example employees threatening not to work unless
         their employer dismisses a colleague who has decided to undergo gender
         reassignment.

8.0      WHAT IS ‘DISCRIMINATION ON GROUNDS OF GENDER REASSIGNMENT’?

8.1      It is unlawful to discriminate against someone if he or she:

                     intends to undergo gender reassignment, or
                     is undergoing gender reassignment, or
                     has at some time in the past undergone gender reassignment.

8.2      Discrimination in this context means treating a transsexual person less favourably
         than you treat (or would treat) another applicant/employee/student who is not
         undergoing gender reassignment (or contemplating it etc), this includes harassment
         and victimisation.

8.3      Complaints from staff relating to Harassment and Bullying on grounds of gender
         reassignment will be dealt with under the Harassment and Bullying policy.




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9.0      STUDENTS

9.1      Complaints from students relating to Harassment and Bullying on grounds of gender
         reassignment will be dealt with under the Sexual, Racial and Personal Harassment
         Guidelines for students.

10.0     SUPPORTING EMPLOYEES

10.1     An employee going through the process of gender reassignment can seek support
         from their line manager, link HR adviser or Occupational Health Adviser. Self referrals
         can also be made to the University’s Counselling service. It is a matter of personal
         choice as to who should be contacted, but it is recommended that the contact person
         works with the employee to agree an action plan to cover the period of their transition.
         It is imperative that confidentiality is maintained at all times, for staff who may be
         undergoing transition or have in the past undergone gender reassignment.

10.2     All members of staff should try to refer to the transsexual person by their new name
         and use pronouns appropriate to their new gender role.

10.3     If a member of staff is in a possession of a gender recognition certificate it is unlawful
         to disclose their transgendered status without their consent.

11.0     SUPPORTING STUDENTS

11.1     A student going through the process of gender reassignment can seek support from
         the nominated contact. Self referrals can also be made to the University’s Counselling
         service. It is a matter of personal choice as to who should be contacted, but it is
         recommended that the contact person works with the student to agree an action plan
         to cover the period of their transition. It is imperative that confidentiality is maintained
         at all times, for students who may be undergoing transition or have in the past
         undergone gender reassignment.

11.2     All members of the University and University staff should try to refer to the transsexual
         person by their new name and use pronouns appropriate to their new gender role.

11.3     If a student is in a possession of a gender recognition certificate it is unlawful to
         disclose their transgendered status without their consent.

12.0     TRANSITION ACTION PLAN

12.1     The student or employee and their main contact should write an action plan together
         (see Appendices A and B) for managing the transition to the opposite gender from the
         one assigned at birth, whilst they are at the University. This will include agreeing dates
         of transition and communication plans, the University being guided at all times by the
         individual’s preferences. Under no circumstances should any communication or
         actions be taken without the explicit consent of the individual. These action plans,
         together with any other notes of the meeting, must be kept strictly confidential in the
         individual’s personnel file or student file, as appropriate. After a person has
         successfully transitioned into their new gender role, or obtained a gender recognition
         certificate, these records should be destroyed.




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13.0     USE OF SINGLE SEX FACILITIES

13.1     The action plan will agree the point at which the use of facilities such as changing
         rooms and toilets should change from one sex to the other. A transsexual employee
         should not be invited to use disabled toilet facilities, nor facilities of their former
         gender.

14.0     MEDIA INTEREST

14.1     Staff and students are advised to maintain strict confidentiality and not provide any
         information. Any media queries should be addressed to the press office.

15.0     SICKNESS AND ABSENCE FROM THE UNIVERSITY

15.1     In putting together the transition action plan the time the student or employee will need
         in order to undergo gender reassignment treatment should be discussed. When the
         individual is absent for treatment or surgery then normal sick pay arrangements or
         absence arrangements should apply. The normal policy for medical appointments
         should also apply, flexibility should be offered in taking holiday or rearranging working
         hours or academic commitments in order to attend medical appointments. A sick note
         will be required, but the sick note does not need to state the procedures performed.

15.2     For the individual, living with transsexualism produces similar personal responses to
         those associated with any other life-altering condition, which will naturally lead to
         some individuals suffering stress. However once the issues are identified and gender
         reassignment commences, such problems are usually resolved

16.0     CRB CHECKS

16.1     The CRB has developed a separate application procedure, which allows transsexual
         applicants to exclude previous names from the Disclosure Application form. However,
         applicants will still be required to send details of their previous identity in a separate
         letter directly to the ‘Sensitive Casework Team’.

17.0     CERTIFICATES

17.1     The University of Warwick has undertaken to provide students who have transitioned
         whilst studying or after studying with replacement degree certificates in the acquired
         gender names and titles.

18.0     PRE-EMPLOYMENT

18.1     Individuals who have already adopted their new social gender have no obligation to
         inform the University of Warwick of their change. Job applicants and interviewees
         should not be asked their transsexual status.

19.0     CONTACTS AND FURTHER INFORMATION

19.1     Further information is available from http://www2.warwick.ac.uk/services/equalops/ or
         from your link HR Adviser.

19.2     If you require this publication in hard copy or in an alternative format please contact
         HR.




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20.0     REVIEW

20.1     This policy will be monitored and reviewed on a regular basis by HR.




Gender Reassignment Policy                   7
                                                                       APPENDIX A

Example of Action Plan to support staff

Action Plan to support staff transitioning gender

Does the employee feel comfortable continuing in their current role? Are there any
temporary or permanent changes to the role which should be considered to support
the employee? (Considerations should include security aspects such as lone working,
night working.)

What is the expected timescale of the medical and surgical procedures, if known?

Is any time off required for medical treatment? If so how will this be dealt with?

What will the employee’s new title and name be?

When do they wish to start using this name and title? Will there be any phasing?


When do they wish to start dressing and presenting as their acquired gender? Again
will this be phased? (This may not necessarily be the same date as above.)

Are there any dress codes which need to be considered? (Do new uniforms need to be
ordered?)

When does the employee wish to use toilet and changing facilities appropriate to their
acquired gender? Please note disabled toilets should not be suggested as an
alternative.


When, how and which Human Resources records and or systems will need amending?


When and how should colleagues be informed of the transition?
Is there any education material which could be used?

If this action plan is not drawn up with input from line manager/and or Human
Resources consider how and when they might need to be involved.


If any bullying or harassment occurs how will it be dealt with?

Actions Agreed


Date of next meeting




Gender Reassignment Policy                8
                                                                       APPENDIX B

Example of Action Plan to support students

Action Plan to support students transitioning gender

Does the student feel comfortable continuing with their current course/cohort? Are
there any temporary or permanent changes to the student’s experience and
obligations which should be considered to support the student? (Consider security
aspects.)

What is the expected timescale of the medical and surgical procedures, if known?


Is any time off required for medical treatment? If so how will this be dealt with?


What will the student’s new title and name be?


When do they wish to start using this name and title? Will there be any phasing?


When do they wish to start dressing and presenting as their acquired gender? Again
will this be phased? (This may not necessarily be the same date as above.)

Are there any dress codes which need to be considered?

When does the student wish to use toilet and changing facilities appropriate to their
acquired gender? Please note disabled toilets should not be suggested as an
alternative.

When will the Personal Tutor be informed and what records and or systems will need
amending? When should other members of academic staff/student support staff be
informed, and how should this happen?

When and how should other students be informed of the transition?
Is there any education material which could be used?

When should other University departments be advised of the transition? What other
University departments need to be made aware? E.g. Students Union, Sports Centre,
Accommodation and Residential Staff.

If any bullying or harassment occurs how will it be dealt with?

Actions Agreed


Date of next meeting




Gender Reassignment Policy                9
ADDITIONAL INFORMATION ABOUT GENDER REASSIGNMENT

What does the legislation say about medical treatment?
Individual rights under the Disability Discrimination Act 1995 must be considered where the
individual has been diagnosed as suffering from ‘Gender Dysphoria’ or ‘Gender Identity
Disorder’ and the condition in likely to last for more than twelve months, lasted twelve months
or will remain with the individual for the rest of their life.

Data Protection Act 1998 (DPA)
Under the Data Protection Act 1998, transsexualism and gender reassignment would
constitute ‘sensitive data’ for the purposes of the legislation. It can only be processed for
certain specified reasons set out in the Act.

Section 8 Asylum and Immigration Act 1996
Since May 2004 a potential employer must see an applicant’s proof of identity and right to
work in the UK. This includes a UK/EEC passport or a full birth certificate and a P45, P60,
National Insurance card or a letter from a Government agency. Some transsexual people
may not have any identification documents in their acquired gender, and may have to
disclose their transsexual identity. It is therefore important that this information is kept
confidential.

What is the legal status of transsexual people?
The Gender Recognition Act 2004 allows transsexual people (who are able to satisfy the
necessary evidential requirements) to apply for full legal recognition in their acquired gender.
Following a successful application the law regards the transsexual person, for all purposes,
as being of their acquired sex, they can marry and be provided with a new birth certificate all
using the acquired gender.

Record Keeping
All documents, public references (such as telephone directories, prospectuses, web
biographies) and employment details should be changed, in agreement with the individual, to
reflect their acquired gender. Where documents have been seen and copies taken at the
point of starting employment (such as a birth certificate) then every effort should be made to
replace those with equivalent documents in the new name and gender. In some instances,
however, it may be necessary to retain records relating to an individual’s identity at birth, for
example, for pension or insurance purposes prior to obtaining gender recognition. However,
once a person has obtained a Gender Recognition Certificate then these MUST be replaced
with new details and there must be no disclosure of this previous information. Access to
records showing the change of name and any other details associated with the individual’s
transsexual status, (such as records of absence for medical treatment) must be restricted
strictly to staff who need the information to do their work. Breaches of confidentiality will be
treated in a serious manner and may result in disciplinary action.

References and certificates
References for transsexual people should be given without hinting that the person has had a
change of gender. The action plan should also cover how evidence of professional status
or qualifications should be retained on file, if for example the certificates are in the original
name.

Insurance
Underwriters should be asked if they need to be informed of a transsexual employee’s status.
Should this information be required the employee should give written consent before this
information is disclosed. If this information has not been disclosed to Human Resources it is
the responsibility of the employee who has undergone reassignment to disclose this




Gender Reassignment Policy                   10
information. Failure to disclose may invalidate cover and may lead to personal liability. An
employee should inform insurers, if they require the information, in confidence, in the
following cases of group insurance policies:-
        a) Group life assurance
        b) Group permanent health or income protection
        c) Group private medical insurance
        d) Group personal accident insurance
        e) Group motor vehicle insurance in the case of company cars

This requirement does not apply if the person has a gender recognition certificate.

Pensions
There are a number of alternative ways that an individual’s pension history can be dealt with.
The Pensions Manager should therefore be contacted to determine the most suitable
approach in consultation with the individual. Survivor benefits will be determined by the
marriage relationship or civil partnership of the individual as opposed to the individual’s legal
gender.

Sources of useful information

The Gender Trust                         www.gendertrust.org.uk

The trust is recognised as an authoritative centre for professional people who encounter
gender identity related issues in the course of their work.

Transgender Zone                         www.transgenderzone.com

Support for transsexual persons.


Press for Change                         www.pfc.org.uk

Press for Change is a political lobbying and educational organisation, which campaigns to
achieve equal civil rights and liberties for all transgender people in the United Kingdom
through legislation and social change.

Counselling Service                      Senior Tutors office        ext 23761

Self referrals for students and staff.

Safety and Occupational Health           ext 75493

Self or referrals through Line Managers/HR Advisers.

Harassment and Bullying Policy (Staff)
http://www2.warwick.ac.uk/services/equalops/policies/hbpolicy/

Sexual, Racial and Personal Harassment Guidelines for students.
http://www2.warwick.ac.uk/insite/topic/healthsafety/welfare/harassment




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