10/4/2016

Introduction School Nurses: Advocates & Allies for LGBTQ Students 33rd Annual North Carolina School Nurse Conference Friday, October 14, 2016 Bud Harrelson • My pronouns are he, him, and his.

Objectives Objectives

• Increase comfort with discussing sexual • Identify strategies that disrupt cis‐ orientation and issues; and create safer school environments for LGBTQ students; and, • Understand how , , , , and • Examine NC legislation, federal guidance and heteronormativity affect the quality of life for court cases that govern a NC school leader’s LGBTQ people with respect to school, health, responsibility to LGBTQ students. employment, and housing;

Plan for the day • Vocabulary • Size of LGBTQ community • Life experiences of LGBTQ people • School experiences of LGBTQ students • Strategies that create safer schools for LGBTQ students • Review NC legislation, federal guidance, and VOCABULARY court cases

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Sex and Gender

Sex: the classification Gender: the social • Scientifically accurate term for an individual’s of people as male or construct of enduring physical, romantic and/or emotional . At birth, masculinity and attraction to members of the same and/or infants are assigned a femininity –man & opposite sex sex, usually based on woman –not visible • Includes, but not limited to, , , the appearance of to others bisexual, and heterosexual orientations their external anatomy (biological).

Gender identity

• One’s internal, deeply held sense of one’s • External manifestations of gender, expressed gender. through one’s name, pronouns, clothing, haircut, behavior, voice, or body • For people, their own internal characteristics. gender identity does not match the sex they • Society identifies these cues as masculine and were assigned at birth. feminine, although what is considered masculine and feminine changes over time and varies by culture.

Heterosexual

• The adjective used to describe people whose enduring physical, romantic and/or emotional attractions are to people of the opposite sex.

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Cisgender

• People whose gender identity and/or gender • A person who is non‐binary with respect to expression align with what is typically sexual orientation, gender identity, and/or associated with the sex they were assigned at gender expression birth. • Includes gay, lesbian, bisexual, transgender • Includes anyone who does not identify as heterosexual and

Gay Lesbian

• The adjective used to describe people whose • A woman whose enduring physical, romantic enduring physical, romantic and/or emotional and/or emotional attraction is to other attractions are to people of the same sex. women.

• Typically applied to men.

Bisexual Transgender

• A person who has the capacity to form • An umbrella term for people whose gender enduring physical, romantic and/or emotional identity and/or gender expression differs from attractions to those of the same gender or to what is typically associated with the sex they those of another gender. were assigned at birth.

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Transsexual Trans*

• An older term that originated in the medical • Used as shorthand to mean transgender or and psychological communities. Still preferred ‐ or sometimes to be inclusive of a by some people who have permanently wide variety of identities under the changed ‐ or seek to change ‐ their bodies transgender umbrella. through medical interventions (including but not limited to hormones and/or surgeries). Unlike transgender, transsexual is not an umbrella term.

Vocabulary Resource

GLAAD. (2014) Media reference guide (Ninth ed.). New York, NY: Author.

SIZE OF LGBTQ COMMUNITY

Percent and Number of Adults Who Number & Percentage of Student by Identify as LGBT in the United States in the United States Straight Gay & lesbian Bisexual Not Sure No. % No. % No. % No. % Total 12,954 88.8 324 2.0 922 6.0 503 3.2 Male 6,779 93.1 154 2.0 178 2.4 199 2.6 Female 6,105 84.5 167 2.0 734 9.8 296 3.7

• Youth Behavior Risk Survey, 2015 • Nationally representative sample • Students in grades 9 –12 from public and private schools • 25 states and 19 large urban school districts that asked at least (Gates, 2011) one question to ascertain sexual minority status

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Estimated Population of LGBT Youth in Estimated Transgender Youth Middle School Population in United States • 3.8% middle school students identify as LGB • Between 1.3 and 3.2% of youth between the • 1.3% of middle school students identify as ages of 13 and 19 are transgender. transgender • Youth Behavior Risk Survey, 2011 • Random sample of 2,730 youth (grades 6 –8) across 22 public middle schools in San Francisco (Shields, Cohen, Glassman, Whitaker, Franks, Bertolini, 2013) (Herman, Mallory, & Wilson, 2016)

Resource for LGBTQ Population Estimates

williamsinstitute.law.ucla.edu HETERONORMATIVITY

Phobias Phobias

• Homophobia: a fear of and those who engage in homosexual acts • Transphobia: emotional disgust, fear, anger or discomfort felt or expressed towards people who do not conform to society’s gender • Biphobia: a fear of and those who expectations. engage in bisexual acts

• Homophobia, biphobia & transphobia occur at the individual level

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Heterosexism Heteronormativity

• The sexist and anti‐homosexual values that • The belief that people fall into distinct and underlie the oppression of women and complementary genders (man & woman) with homosexuals natural roles in life. – Societal level – + Power = Heterosexism • Involves the alignment of biological sex, sexuality, gender identity and gender roles.

Heteronormativity Heteronormativity

• Assertion that is the only • Manifests itself in institutional and societal sexual orientation and that sexual and marital rules, laws and procedures. relations are only fitting between people of opposite sexes. • Causes disparity between heterosexuals and sexual & gender minorities.

Pillars of Heteronormativity What does heteronormativity look like?

IT’S A BOY SEX ASSIGNMENT IT’S A GIRL • Knowing you will not be fired from a job or denied a promotion based on your sexuality MAN GENDER IDENTITY WOMAN

MASCULINE GENDER EXPRESSION FEMININE • Freedom of sexual expression without fear of being prosecuted for breaking the law WITH WOMEN SEXUALITY WITH MEN

MARRIAGE (AND KIDS) RELATIONSHIPS MARRIAGE (AND KIDS) • Legal marriage to the person you love WITH ONE WOMAN WITH ONE MAN

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What does heteronormativity look like? What does heteronormativity look like?

• Not worrying about being mistreated by the • Property laws, filing joint tax returns, police or victimized by the criminal justice inheriting from your spouse automatically system because of your sexuality under probate law

• Go wherever you wish and know that you will • Raise, adopt, and teach children without not be harassed, beaten, or killed because of people believing that you will molest them or your sexuality force them into your sexuality

What does heteronormativity look like?

• Talking openly about your relationship, vacations, and family planning you and your lover/partner are doing

• Having positive and accurate media images of people with whom you can identify

• Immediate access to your loved one in case of LIFE EXPERIENCES OF LGBTQ PEOPLE accident / emergency

When compared to cis‐heterosexual peers… When compared to cis‐heterosexual peers…

• More likely to smoke cigarettes • More likely to suffer from anxiety, depression, • More likely to drink alcohol and other mental illnesses • More likely to engage in substance abuse • More likely to think about suicide • More likely to attempt suicide

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When compared to cis‐heterosexual peers… When compared to cis‐heterosexual peers…

• More likely to engage in risky sexual behaviors • Experience higher rates of homelessness • Exhibit higher rates of STI • Experience higher rates of employment • Experience higher rates of physical assault and violence

Reminder: YRBS 2015 Data

Straight Gay & lesbian Bisexual Not Sure No. % No. % No. % No. % Total 12,954 88.8 324 2.0 922 6.0 503 3.2 Male 6,779 93.1 154 2.0 178 2.4 199 2.6 Female 6,105 84.5 167 2.0 734 9.8 296 3.7

• Youth Behavior Risk Survey, 2015 • Nationally representative sample SCHOOL EXPERIENCES OF LGBTQ • Students in grades 9 –12 from public and private schools • 25 states and 19 large urban school districts that asked at least STUDENTS one question to ascertain sexual minority status

Data from 2015 YBRS Data from 2015 YBRS Behaviors that Contribute to Violence Behaviors that Contribute to Violence Total (%) Heterosexual (%) LGB (%) Total (%) Heterosexual (%) LGB (%) Threatened / injured on school 65.110 property Felt sad or hopeless 29.9 26.4 60.4 Carried a weapon to school 4.1 3.7 6.2 Seriously considered 17.7 14.8 42.8 Carried a weapon in general 16.2 16 18.9 attempting suicide Physical fight 22.6 21.7 28.4 Made a suicide plan 14.6 11.9 38.2 In a physical fight on school property 7.8 7.1 11.2 Didn't go to school because of safety Attempted suicide 8.6 6.6 29.4 5.6 4.6 12.5 concerns Suicide treated by doctor / 2.8 2.0 9.4 Cyberbullied 15.5 14.2 28 nurse Bullied on school property 20.2 18.8 34.2

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Data from 2015 YBRS 2013 National School Climate Survey Substance Abuse • GLSEN • Conducted biennially since 1999 Total (%) Heterosexual (%) LGB (%) • 7898 students Ever tried cigarettes 32.3 30.5 50.4 • Ages 13 –21 Currently use cigarettes 10.8 9.8 19.2 • Grades 6 –12 Ever drank alcohol 63.2 62.5 75.3 • 50 states including DC Currently use alcohol 32.8 32.1 40.5 • 68% white Ever used marijuana 38.6 37.5 52.9 • 75.6% cisgender Ever used cocaine 5.2 4.2 10.1 • 58.8% gay and lesbian Ever used methamphetamines 3.0 2.1 8.2 • 31.6% bisexual Ever used inhalants 7.0 5.6 17.3 • Doesn't include heterosexuals Ever used prescription drugs without 16.8 15.5 27.5 a doctor’s order

Percentage of LGBT Students Who Feel Unsafe Percentage of LGBT students who avoid at School Because of Actual / Perceived spaces at school because they feel unsafe Characteristics

2013 NSCS Frequency that LGBT Students Hear School Safety & Absenteeism Anti‐LGBT Remarks at School

Remark Percentage 30.3% of LGBT students missed at least one ”That’s so gay” 71.4 entire day of school in the past month because Homophobic remarks (e.g. fag or dyke) 64.5 they felt unsafe or uncomfortable, and over a Negative remarks about gender 56.4 tenth (10.6%) missed four or more days in the expression past month. ”No homo” 43.9 “Tranny” or “he/she” 33.1

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2013 NSCS Anti‐LGBT Remarks by Teachers “Students think there aren’t any LGBT students • 51.4% of students reported hearing in the school, so if they say something is ‘so gay’ homophobic remarks from their teachers or or they call their friend a faggot, they think no other school staff, and 55.5% of students one would be offended.” reported hearing negative remarks about gender expression from teachers or other school staff.

Frequency that LGBT Students Experienced Verbal & Physical Harassment & Assault

Type of Characteristic Percentage “This past week has been nothing but ‘Is that a harassment/assault boy or a girl?’ said loudly behind me or people Experienced verbal Sexual orientation 74.1 calling me ‘mangirl.’ It’s making school feel harassment Gender Identity 55.2 much more unsafe and I hate walking through Experienced physical Sexual orientation 36.2 the halls.” harassment Gender Identity 22.7 Experienced physical Sexual orientation 16.5 assault Gender Identity 11.4

2013 NSCS Cyberbullying “I have been so hurt at that school. I have gotten beat up, almost killed, and no one there would • 49.0% of LGBT students experienced do anything about it, except one teacher” electronic harassment in the past year (e.g., via text messages or postings on Facebook).

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2013 NSCS Reporting Harassment & Faculty Intervention

• 56.7% of LGBT students who were harassed or assaulted in school did not report the incident to school staff.

• 61.6% of the students who did report an incident said that school staff did nothing in response. STRATEGIES THAT CREATE SAFER SCHOOLS FOR LGBTQ STUDENTS

Strategies that Create Safer Schools Specific Strategies School Nurses Can Employ to Create Safer Schools for LGBTQ Students

• Gay‐Straight Alliance • Microaffirmations • Inclusive Curricular Resources • Normalize LGBTQ identities in your talk and • Supportive Educators actions • Comprehensive Bullying Policies

Specific Strategies School Nurses Can Employ to Specific Strategies School Nurses Can Employ to Create Safer Schools for LGBTQ Students Create Safer Schools for LGBTQ Students

• Don’t assume a person’s gender identity

• Ask students which pronouns they use at the start of each conversation, and then use those pronouns

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Specific Strategies School Nurses Can Employ to Specific Strategies School Nurses Can Employ to Create Safer Schools for LGBTQ Students Create Safer Schools for LGBTQ Students

• Don’t assume the gender of a student’s • Use gender‐neutral language romantic partner Gendered noun Gender‐neutral noun Man Person, individual Freshman First‐year student • Don’t assume the genders of a student’s Chairman Chair, chairperson, coordinator, head parents/guardians Policeman Police officer Steward, stewardess Flight attendant Congressman Legislator Dear Sir Dear Sir or Madam, To Whom it May Concern, Dear Members of the Committee

Specific Strategies School Nurses Can Employ to Specific Strategies School Nurses Can Employ to Create Safer Schools for LGBTQ Students Create Safer Schools for LGBTQ Students

• Meet with your principal and other school • Develop a plan with your school’s counselors leaders to create a plan to support to support students through / transgender students prior to them enrolling transitioning in school

Specific Strategies School Nurses Can Employ to Specific Strategies School Nurses Can Employ to Create Safer Schools for LGBTQ Students Create Safer Schools for LGBTQ Students

• Celebrate / honor greater LGBTQ awareness campaigns • Co‐sponsor your school’s GSA Month LGBTQ Awareness September Bisexuality Awareness Week, NC Pride, GLSEN’s October LGBTQ History Month, National Coming Out Day, Asexual • Offer to conduct professional development for Awareness Week, Awareness Day the faculty on the school experiences of LGBT November Transgender Awareness Week, Transgender Day of students Remembrance December World AIDS Day, Human Rights Day June LGBTQ Pride Month

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Specific Strategies School Nurses Can Employ to Create Safer Schools for LGBTQ Students

• Include LGBTQ identities in all of the health awareness training that you do

REVIEW OF NC LEGISLATION, FEDERAL GUIDANCE, & COURT CASES

Federal Law Protecting LGBTQ People NC Law Protecting LGBTQ Students

• NO federal law protects LGBTQ people from • School Violence Prevention Act of 2009 discrimination – Requires school districts to create policies and plans to protect students from bullying and harassment on the basis of sexual orientation and • NO federal law protects LGBTQ students from gender identity among other protected classes bullying and harassment in school

N.C.G.S. § 14.458 N.C.G.S. § 14.458

• An Act Protecting Children of this State by • Found unconstitutional by NC Supreme Court Making Cyberbullying a Criminal Offense in State of North Carolina v. Robert Bishop Punishable as a Misdemeanor of 2009 (2016)

• Added cyberbullying to the NC criminal and • Violated First Amendment freedom of speech juvenile delinquency code rights of the bully

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NC Executive Order No. 93 to Protect HB2 ‐ The Public Privacy and Security Privacy and Equality Act of 2016 • Added sexual orientation and gender identity • Requires school districts to designate multi‐ to NC’s Equal Employment Opportunity Policy person use restrooms & changing facilities as for State Employees male or female

• Mandates that students must use the restrooms & changing facilities that align with their biological sex

HB2 ‐ The Public Privacy and Security Federal Guidance Act of 2016 • Defines biological sex as sex assigned at birth • Title IX of the Education Amendments of 1972 and indicated on birth certificate – Federal civil rights law – Prohibits discrimination on the basis of sex in • Allows school districts to have single‐use, federally funded education programs and activities unisex restrooms & changing facilities

Federal Guidance ‐ 2014 Federal Guidance ‐ 2016

• “Title IX’s sex discrimination prohibition • Dear Colleague Letter on Transgender extends to claims of discrimination based on Students gender identity or failure to conform to – May 2016 stereotypical notions of masculinity or – Joint release by Departments of Education & femininity and OCR accepts such complaints Justice for investigation.”

(Lhamon, 2014, Questions and Answers on Title IX and Sexual Violence)

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Federal Guidance ‐ 2016 Federal Guidance in 2016

• “The Departments treat a student’s gender • “A school may provide separate facilities on the basis of sex, identity as the student’s sex for purposes of but must allow transgender students access to such facilities Title IX and its implementing regulations.” consistent with their gender identity. A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual‐user facilities when other students are not required to do so. A school may, • “This prohibition encompasses discrimination however, make individual‐user options available to all based on a student’s gender identity, students who voluntarily seek additional privacy.” including discrimination based on a student’s transgender status.” (Lhamon & Gupta, 2016) (Lhamon & Gupta, 2016)

Gavin Grimm v. Gloucester County State of Texas v. United States of School Board (2016) America (2016) • Based in Virginia • U.S. district judge ruled federal agencies • 4th Circuit Court of Appeals ruled students can exceeded their authority with the use restrooms that align with their gender reinterpretation of Title IX to include gender identity identity • Supreme Court stayed the 4th Circuit’s decision • Resulted in a nationwide injunction of the blocking Grimm’s use of boys’ restroom Justice and Education Departments’ Dear Colleague Letter on Transgender Students

Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, Inc. (2016)

• Based in Michigan • U.S. district court judge upheld the firing of transgender funeral home employee • Ruling that “neither transgender status nor gender identity are protected classes” under federal anti‐discrimination laws. RESOURCES

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NC / Regional Resources National Resources • GLSEN • GLAAD • Safe Schools NC • iNSID oUT • National Center for • Matthew Shepard (Triangle) • QORDS Transgender Foundation • Time Out Youth • NC AIDS Action Equality • Safe Schools (Charlotte) Network • Human Rights Coalition • GSAFE (Triad) • Carolina Partners: LGBT • The Trevor Project • PFLAG Affirming Mental Campaign’s Welcoming Schools • NC Equality Health Care • Teaching Tolerance • Campaign for Southern • It Gets Better Equality Project

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