California Transgender College Sexual Harassment
Transgender College Sexual Harassment
Everyone deserves to receive an education free from harassment, discrimination and violence. California and federal laws protect college students from unwanted sexual harassment, sexual violence and sexual stalking, yet transgender college students who report these issues are often overlooked by college administrators. Transgender college students in California often face hostility on campus, simply because of their identity, and this prevents them from their right to an education.
The statistics for California transgender college students are alarming:
- One in four transgender college students were harassed according to a survey of more than 24,000 trans people by the National Center for Transgender Equality.
- Of those, 16% dropped out because the harassment was so bad, while 244 students were expelled or forced to leave.
- Transgender college students are 4 times more likely to be victims of rape and hate crimes on college campuses.
- Transgender college students are 9 times more likely to be victims of intimate partner violence.
- Trans students in California have a suicide rate three times greater than their cisgender counterparts.
- Trans students in California are twice as likely to switch colleges due to harassment, bullying and hate crimes.
If you are the victim of harassment or violence based on your transgender identity, it is important to know that the law is on your side. Colleges in California must take steps to prevent harm and they must create an environment where transgender students can enjoy their college experience. If college administrators fail to do so, they must answer for their negligence.
Transgender college students are protected in California under the following laws:
Title IX: This law is part of the Education Amendments of 1972. It is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public colleges and universities that receive any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.
California Education Code 220: This law states that no person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid.
Schools are required to take several steps when a student reports sexual harassment or violence based on gender identity. These steps include the following:
- Report any crimes to local law enforcement.
- Ensure the harassment or violence stops immediately.
- Protect the transgender student from future harm by the perpetrator.
- Accommodate the transgender person with changes in class schedules or housing assignments.
- Fully investigate the unlawful behavior.
- Discipline the perpetrator if he or she is a fellow college student.
- Report statistical data to state and federal governments
If a school in California fails to protect a transgender victim of harassment or violence, compensation may be available for:
- Medical expenses
- Psychological counseling
- Pain and suffering
- Lost wages
- Loss of future earning capacity
Sadly, while most schools take allegations committed against heterosexual persons seriously (and even gay, lesbian and bisexual persons), transgender violence is often overlooked by many colleges in California. California college campuses repeatedly fail to protect and nurture our transgender students and this often results in unresolved pain and anguish for the victim.
However, each victim deserves closure for past harms and each transgender person is entitled to enjoy a healthy and successful life, just like everyone else. If you have been the victim of transgender harassment or violence at a California college campus, it is important that you speak with a highly experienced, qualified attorney immediately.
At Craig Charles Law, we are zealous advocates for the rights of transgender persons. We are an LGBTQ friendly law firm, and we have great compassion for ensuring that transgender persons are protected under our legal system.
If you are a California transgender student who is the victim of sexual harassment or violence on campus, give our office a call for a free, confidential consultations to discuss your rights. Call us today at 424-343-0660 or submit a confidential online inquiry and an attorney will contact you within 24 hours.