Gender Identity/Gender
Expression and Use
of College Facilities
The laws that prohibit discrimination
on the basis of gender, including gender
identity or expression (NYC Human
Rights Law, NYS Human Rights Law) and
sex discrimination (Title VII and Tile IX
which interpret sex discrimination to
include gender identity discrimination)
specify that all individuals have the right
to use single-sex facilities (restrooms
and locker rooms) consistent with their
gender identity or expression. It is illegal
to bar someone from a facility out of
concern that a transgender or gender
non-conforming person will make others
uncomfortable.
Supporting the Academic Success of Pregnant
and Parenting Students
Title IX prohibits discrimination on the basis of sex-including pregnancy, childbirth,
false pregnancy, termination of pregnancy or recovery therefrom and protects
students in all of the academic, educational, extracurricular, athletic and other
programs or activities of the College. Title IX also prohibits a school from applying
any rule related to a student’s parental, family, or marital status that treats
students differently based on their sex. Educational institutions such as CUNY that
are covered by Title IX must treat these conditions in the same manner and under
the same policies as any other temporary disability with respect to any medical
or hospital benefit, service, plan or policy.1 It is critical that faculty and staff who
deal with students are knowledgeable about their obligations to students in this
situation.2
• Absences due to medical conditions relating to pregnancy must be excused for
as long as medically necessary and the student must be given the opportunity
to make up missed work.
• Title IX requires a school to provide the same special services to a pregnant
student that it provides to students with temporary medical conditions.
• Professors and administrators should not tell students that they have to drop
out of their classes or programs or change their educational plans due to their
pregnancies or related conditions.
• Athletic, merit, or need-based scholarships cannot be terminated or reduced
based on pregnancy.
THE CLERY ACT and
CAMPUS SECURITY AUTHORITIES
The Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act (Clery Act) requires colleges
and universities to publish an Annual Security Report. This
report provides crime statistics for murder/non-negligent
manslaughter, negligent manslaughter, forcible/non forcible
sex offenses (rape, fondling, incest, statutory rape), robbery,
aggravated assault, burglary, motor vehicle theft and arson, any
arrests or referrals for disciplinary action for liquor law violations,
drug law violations and illegal weapons possession violations that
occur on or around the campus. The Campus Sexual Violence
Elimination (SaVE) Act of 2013, an amendment to the Clery Act,
requires that incidents of domestic violence, dating violence,
sexual assault, and stalking be reported in annual campus crime
statistic reports and adds national origin and gender identity
to the hate crime categories when it involves the intentional
selection of a victim based on actual or perceived characteristics.
Crimes that occur on campus grounds and buildings, public
property adjacent to campus grounds, non-campus buildings
that are substantially owned or controlled by the campus/CUNY,
residence halls, including off campus residence halls if owned or
substantially controlled by the campus/CUNY, and non-campus
buildings/locations used for the advancement of institutional
purposes must be reported.3
1
Students needing an accommodation because of pregnancy or a pregnancy-related condition are encouraged to contact the Office of Student Disability Services, Shuster
Hall, Room 238. They can reach the office by writing to [email protected] or calling (718) 960-8441. Employees who are pregnant or recovering from
childbirth may be entitled to a reasonable accommodation to perform the essential functions of their job. Employees should consult the Human Resources office, Shuster
Hall, Room 230 or call (718) 960-8181.
2
Memo from Frederick P. Schaffer, General Counsel and Senior Vice Chancellor for Legal Affairs to CUNY Faculty and Staff dated May 9, 2013.
3
The Annual Security Reports for 2012, 2013, and 2014 are posted to http://www.lehman.edu/leh man/public-safety/documents/CORRECTEDCOPYCrimeStats-2015.pdf.
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