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Administrative Procedure

AP-301 — Sexual Orientation and Gender Identity

Section Three: General School Administration
Effective Date: April 1, 2016 Last Reviewed: May 14, 2018

Background

As per Grasslands School Division Policy 110, The Board will provide an environment for all members of the school community to work and learn, free from fear, discrimination, and harassment, while also promoting pro-active strategies and establishing guidelines to ensure that sexual and gender minority students, employees and families are welcomed and included in all aspects of education and school life, and are treated with respect and dignity.

The Board is committed to:

Definition

In this regulation, all references to "sexual or gender minority" persons or LGBTQ+ persons will include lesbian, gay, bisexual, transgender, transsexual, two-spirit, intersex, queer or questioning persons, persons who are labeled as such, whether they are or not, and persons with immediate family members who identify as a sexual or gender minority.

Procedures

  1. The district shall establish consistent school based procedures and practices to ensure that LGBTQ+ members of school communities and their families are welcomed, accepted and included in all aspects of education and school life.

  2. The district shall provide and promote opportunities for staff to increase their awareness and understanding of the scope and impact of discrimination against LGBTQ+ people.

  3. The district shall make resources and support services available for LGBTQ+ students and staff.

  4. Teachers shall be encouraged to help students acquire the skills and knowledge to understand the unique perspectives and lived realities of sexual and gender minorities.

  5. Age appropriate learning, curriculum and library resources shall reflect and value the diversity in the district, so that all students, including LGBTQ+ students see themselves and their lives positively reflected.

  6. All staff members are expected to provide safe environments for students who identify themselves as LGBTQ+. Principals will ensure that there is a staff member and location identified to students and staff members who wish to discuss their situations in a private setting with assurance of confidentiality.

  7. Grasslands employees will adhere to Grasslands Counselling Protocol, Teacher Professional Code of Conduct and Employee Code of Conduct). Counsellors are required to obtain written informed consent from the parent/guardian(s) prior to providing any services, however; it would not be deemed unreasonable to meet with a student once without informed consent from the guardian(s), at the request of the student, their guardian(s) and/or school administration, to determine if the student would benefit from the program. When obtaining informed consent, the Counsellor will provide the following information to the parent(s)/guardian(s) and the student:

    • Limits of confidentiality:
      • Reporting requirements under child protection legislation;
      • Legal requirement to disclose;
      • Imminent danger to the child, the parent(s)/guardian(s), the family and/or to anyone else;
      • When the student's behavior (words or actions) engages the implementation of the Violence Threat Risk Assessment protocol of Grasslands Public Schools;

  8. If one or more students attending a school operated by a board request a staff member employed by the board for support to establish a voluntary student organization, or to lead an activity intended to promote a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging, the principal of the school shall;

    8.1 immediately grant permission for the establishment of the student organization or the holding of the activity at the school, and;

    8.2 within a reasonable time from the date that the principal receives the request designate a staff member to serve as the staff liaison to facilitate the establishment, and the ongoing operation, of the student organization or to assist in organizing the activity;

    8.3 the principal shall immediately inform the board and the Minister if no staff member is available to serve as a staff liaison, and if so informed, the Minister shall appoint a responsible adult to work with the requesting students in organizing the activity or to facilitate the establishment, and the ongoing operation, of the student organization at the school;

    8.4 the students may select a respectful and inclusive name for the organization or activity, including the name "gay-straight alliance" or "queer-straight alliance", after consulting with the principal. The principal shall not prohibit or discourage students from choosing a name that includes "gay-straight alliance" or "queer-straight alliance";

    8.5 the principal is responsible for ensuring that notification, if any, respecting a voluntary student organization or an activity referred to in this section is limited to the fact of the establishment of the organization or the holding of the activity and is otherwise consistent with the usual practices related to notifications of other student organizations and activities.

  9. Any language or behaviour that deliberately incites hatred, prejudice, discrimination or harassment towards student or staff on the basis of their actual or perceived sexual orientation, gender identity, or gender expression will not be tolerated. Principals shall specifically include the prohibition of such language and behaviour in all Student Codes of Conduct. Allegations of homophobic or transphobic language, behavior, or discrimination will be reported to the teacher or principal in the case of students. In the case of employees, allegations will be reported to the immediate supervisor or the superintendent.

  10. The district shall use respectful and inclusive language in its communication to students, staff, families and the community.

  11. The district shall provide professional development so staff are informed and familiar with expectations pertaining to human rights, discrimination, harassment, sexual and gender minority diversity, and to become aware of and sensitive to the needs and concerns of sexual and gender minority students and their families.

  12. The district shall maintain the right of LGBTQ+ students and staff to privacy and confidentiality regarding their sexual orientation, gender identity, or gender expression, as set out in the Freedom of Information and Protection of Privacy Act (FOIP) or the Personal Information Protection Act (PIPA). This includes all student and employee records, forms, and processes.

  13. Students and employees shall have the right to use washroom and change room facilities that correspond to their lived gender identity regardless of their sex assigned at birth. "Lived" gender identity is the gender a person feels internally and consistently expresses publicly in their daily life. Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person's chosen name and pronoun are also common ways of expressing gender.

  14. Any student who has a need or desire for increased privacy, regardless of the reason, should be provided access to a private washroom or an alternative changing area. A thoughtful plan, using the form attached as Appendix A, will be developed on a case by case basis at the school level. Private washrooms shall be made available in each facility as soon as possible. Principals shall ensure that all students and staff are aware of the location(s).

  15. A student who objects to sharing a washroom or change-room with a student who is trans will be offered an alternative facility (this scenario also applies when a parent or other caregiver objects to shared washroom or change-room facilities on behalf of their child). The rights of both students to have personal information and privacy protected will be observed. This will include, where possible, having a student's explicit permission before disclosing information related to the student's sexual orientation, gender identity or gender expression.

  16. All students, regardless of their sexual orientation, gender identity, or gender expression, shall be able to participate in physical education classes and extracurricular activities, including competitive and recreation athletic teams in ways that are safe and comfortable and consistent with their lived gender identity.

  17. Transgender students shall have the right to be addressed by their preferred name(s) and pronoun(s) that correspond to their lived gender identities. This is true whether or not the student has obtained documentation of a legal change of name or sex designation. Student records will be changed when a mature student, parent or guardian requests a change in name and/or gender. Confidentiality of a student's records will be maintained at all times.

  18. The District will work with all schools, communities, and educational stakeholders to ensure this policy and regulations are respectfully implemented to support all students, staff, and families in our schools.

Appendix A

Privacy and Support Plan — Washrooms / Change Rooms / Gendered Activities / Field Trips