U. may forbid gender identity discrimination

Penn's policy on non-discrimination may be amended to include language that protects individuals from being discriminated against because of their gender identity or expression. The language would protect University members who are transgendered. The University Council -- which includes Penn faculty, students and staff -- endorsed a recommendation from the Pluralism Committee, suggesting that the University comply with a 2001 Philadelphia City Council ordinance which amended the Fair Practices Code to prohibit discrimination on the basis of a person's gender identity. Director of the Lesbian Gay Bisexual and Transgender Center Robert Schoenberg said he was pleased by this recommendation. "I think it's a wonderful decision," he said. "As President Rodin herself pointed out, Penn will be among the first institutions of higher education to adopt the policy." "I was particularly impressed that the decision was made on the basis of a principle," Schoenberg added. The Universities of Michigan and Iowa are the only schools with anti-discrimination guidelines to adopt such a policy. Rutgers University and the University of Minnesota are the only schools that defer to state law for gender identity policy. Pluralism Committee Chairman Dennis Culhane presented the recommendation that the council endorse such language. "As a beginning point, there should be language in the policy which complies with the city ordinance," Culhane said. Eric Tilles of the General Counsel's office also urged compliance with the ordinance. "The general policy, at the very least, should somewhat quickly adopt similar language" to the local ordinance, he said. Council Chairman Larry Gross recommended that the members endorse the recommendation with the condition that an ad hoc committee be created to address the implementation of the policy -- a motion that was passed with several abstentions and no opposition. This endorsement by the council, however, raises questions regarding the implementation of the amended policy. "There was no extensive discussion of implementing the issue," Culhane told the committee. "It was considered merely a matter of principle." Still, Graduate and Professional Student Assembly Chairman Jeremy Korst said, "There could be devils in the details of implementation." Council members expressed concern regarding roommate assignment to an individual with a perceived gender identity different from his biological sex. "My assumption is that a person will be assigned on the basis of the gender identity they disclosed to the University," Culhane said. University President Judith Rodin raised a similar question. "Will the roommate to whom that individual is assigned have the right to say no?" Rodin asked. "Whatever we do, that clearly will be one of the top challenges." Another issue that was raised involved the use of bathrooms -- whether a biological male who perceives himself to be a woman should be allowed to use the women's bathroom. "The bathroom issue has been litigated in other jurisdictions," Tilles said. "Generally speaking, there has been a balance of interests -- such individuals use single-room bathrooms." University Chaplain William Gipson said that such issues should not be factored into the decision to endorse the policy. "The emphasis should be on how you protect marginalized members of the community," he said. Schoenberg shared Gipson's sentiment -- he doesn't consider the "bathroom issue" a significant obstacle. "Many of the bathrooms in dorm halls are already unisex," he said. "You will have to walk very far to find a single-sex bathroom." "As long as the toilet stalls are private," he added, "it is really a moot point." Rodin said that the problems of implementation should be addressed at some point in the near future. "I'd be satisfied if we adopt the policy," she said. "Then, if there were issues that arose, we can address them, involving the relevant entities." Culhane said that such an outlook would put the University in a "reactive mode. A complaint driven-process may disadvantage everyone." Chairman of the Steering Committee Mitchell Marcus also presented recommendations on revitalizing the University Council by increasing the effectiveness of the council and its committees. Marcus presented a number of recommendations to augment committee effectiveness, which does not require a change in bylaws.

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