Inclusion of Trans and Gender Diverse Students and Staff in Sport and Recreation Policy - Draft


Application


All members of the University community

Purpose


To ensure trans and gender diverse students and staff members have equal opportunities to participate in University sport and recreation, without discrimination and based on their self-defined gender identity

Background


Unlawful discrimination against a trans or gender diverse person because of their gender identity is prohibited under the ground of sex in section 21 of the Human Rights Act 1993, and in section 19 of the New Zealand Bill of Rights Act 1990 and section 105 of the Employment Relations Act 2000.

The University will not unlawfully discriminate against trans and gender diverse players, coaches, referees, and members of the University community when exercising any of its powers. This includes, for example, when the University:

  • develops and enforces policies

  • provides sporting or recreation facilities and services or

  • recruits, sets terms and conditions of employment or terminates someone’s employment.

All members of the University community have a responsibility under the Prevention of Bullying, Harassment and Discrimination Policy and Procedures  to ensure that they do not harass, bully or discriminate against trans or gender diverse people, including players, coaches, referees and staff, because of their gender identity or expression.

Policy


Participation in sport and recreation

1.   The University is committed to taking action to encourage participation in sport and recreation by all students and staff members, including those who are trans or gender diverse, recognising:

  • the joys and benefits that participation can provide
  • the importance of fair play and respect
  • the value of sport and recreation that is fair, safe, and open to everyon

2.   The University is committed to ensuring trans and gender diverse students and staff members have equal opportunities to participate in University sport and recreation based on self-defined gender identity and expression:

  • irrespective of the gender marker on identification documents
  • without requirements to undertake any form of gender affirming medical interventions (including hormone therapy or surgeries)
  • without having to disclose additional personal information, beyond that required of other students and staff members

3.   Some students and staff may also be participating in external sport, where international federation or other rules are enforced.  Trans and gender diverse people who wish to compete at this level have the right to decide for themselves whether they wish to take the required steps to meet these more stringent eligibility criteria

4.   The University will not impose these performance requirements, or other requirements contrary to the principles set out in this policy, for University sporting events or competitions

Name and gender markers in University sport and recreation 

5.   Trans and gender diverse students and staff have the right to use the name, pronoun, and gender marker that matches their self-defined gender identity and expression 

Sports uniforms 

6.   Where gender-specific sports uniforms exist, everyone (including players, referees, coaches, and administrators) has the choice to wear the uniform that they feel most comfortable in

7.   Best practice is to ensure that gender-neutral uniform options are also be available 

Toilets, showers and changing rooms

8.   All people, including trans and gender diverse students and staff members may use toilets, showers and changing rooms on University premises that are appropriate to their self-defined gender identity 

Accommodation when travelling for sport 

9.  The expectation is that, where possible, University of Auckland trans and gender diverse staff members and students traveling to other universities/venues are to be assigned accommodations based on their self-defined gender identity 

Privacy and confidentiality 

10. University club officials and staff members must respect the privacy and confidentiality of trans and gender diverse employees and players, including by: 

  • only collecting necessary personal information with consent and ensuring the person’s privacy is protected
  • always asking if someone is comfortable discussing their gender identity or transition/ gender affirmation and, if so, how they would want that discussion to take place (where required, these discussions should be initiated with care and respect for privacy)
  • not disclosing someone’s gender identity or transition/ gender affirmation to anyone else, without the trans or gender diverse person’s explicit permission

Complaints resolution and queries

Any individual who believes that the rights and responsibilities in this policy have been breached, can take appropriate action by following the process in the Prevention of Bullying, Harassment and Discrimination Policy and Procedures; or the Dispute resolution Procedures for students

Any individual with a query can speak to the University Recreation Centre staff or the Equity Office

Definitions


Discrimination can occur directly or indirectly, and can be unlawful when relating to particular legislative requirements

Discrimination against trans and gender diverse people because of their gender identity falls under the prohibited ground of sex in the Human Rights Act (HRA). Discrimination is unlawful when it occurs in an area of public life set out in the HRA and there is no relevant exception. These areas of public life include the provision of goods and services (including sport and recreation services) and employment (including the employment of coaches and referees). In addition, the University cannot unlawfully discriminate against trans and gender diverse people because of their gender identity when exercising any of its public powers or functions, including when developing or implementing its policies 

Environment means both physical environments at the University and online platforms including internet, intranet and social media

Gender identity means a person’s internal, sense of being male, female, something other, in between or agender. A person’s gender identity may or may not correspond with their sex assigned at birth

Gender diverse refers to people who do not identify as exclusively female or male, whose gender identity and/or gender expression is outside the female/male binary. Some alternative terms used are ‘genderqueer’ or ‘gender non-conforming’

Sex assigned at birth means the sex recorded on a person’s birth certificate and/or other official identification documents at birth

Transgender (or “trans”), non-binary or gender diverse, are umbrella terms for someone whose gender identity does not exclusively align with their sex assigned at birth. Or, whose gender does not fit within the male/female gender binary

There are many different terms that trans people use to describe themselves, including transgender, transsexual, trans man, trans woman, gender diverse or genderqueer. The term ‘trans woman’ refers to a trans person assigned a male sex at birth who identifies as a woman. Similarly, the term ‘trans man’ refers to a trans person assigned a female sex at birth who identifies as a man

Indigenous terms to Aotearoa / New Zealand include whakawahine for trans women and tangata ira tane for trans men. Many Māori trans people identify with the umbrella indigenous term takatāpui that encompasses all Māori of diverse gender identities, sex characteristics, or sexualities

Pacific cultural terms used by trans feminine people, including in New Zealand, include fa’afafine (Samoa and Tokelau), fakaleiti / leiti (Tonga), fakafifine (Niue), akava’ine (Cook Islands), vakasalewalewa (Fiji), palopa (Papua New Guinea) and mahu (Tahiti and Hawaii). One Pacific cultural term for trans masculine people is fa’afatama (Samoa).  Fa’atamaloa is also sometimes used as an alternative term

Trans and gender diverse are used in this policy and accompanying guidelines as broad umbrella terms that include people whose gender identity differs from their sex assigned at birth. It recognises that not all gender diverse people identify as trans.

Transitioning (or gender transitioning) refers to steps taken by trans people to live as their gender. These steps may be social and/or medical. For example, a trans person may change their name and use pronouns that match their gender and/or dress in clothing that matches their gender. Sometimes transitioning involves undergoing medical treatment to change one’s body to match one’s gender through hormone therapy and surgeries. Transitioning is not the same as surgery. Not all transgender people chose to undergo a medical treatment

University means the University of Auckland and includes all subsidiaries

University community includes all staff members (whether permanent, temporary or part time), honorary staff, students (whether full time or part time), contractors, subcontractors, consultants, alumni, associates, business partners or official visitors or guests of members of the University or UniServices

Document management and control


Owner: Trudie McNaughton, Pro-Vice Chancellor Equity

Content manager: Terry O’Neill Director Student Equity

Approved by:  

Date approved:

Review date: