CUNY Policies | Page 7

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 man/public-safety/documents/CORRECTEDCOPYCrimeStats-2015.pdf. 7