THE WINNIPEG SCHOOL DIVISION

TO:

The Chair and Members

Policy/Program Committee

January 25, 2016

FROM:

P. E. Clarke
Chief Superintendent

RE:

SAFE AND CARING POLICY TRANSGENDER AND NON-CONFORMING

STUDENTS AND STAFF

At a meeting held November 2, 2015, The Board of Trustees referred the following motion to the
Policy/Program Committee for review.
That a Safe and Caring Policy in support of Transgender and Gender
Nonconforming Students be developed and referred to the
Policy/Program Committee for review.
Attached is a copy of the draft policy for review.

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1.

SAFE AND CARING POLICY

TRANSGENDER AND NON
CONFORMING STUDENTS
AND STAFF

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GENERAL
The Safe and Caring Policy will help foster a safe learning environment and equal access to school
programs, activities and employment for all students and staff. This policy will help ensure safety,
comfort and health while maximizing social integration and minimizing stigmatization of
transgender and gender nonconforming students and employees. As diverse situations occur and
the needs of everyone vary, all cases will be assessed on a case-by-case basis.

1.1

The Winnipeg School Division is committed to a judgement-free and safe, inclusive environment for
all staff and students. All students and staff, regardless of their gender identities and expression
are welcome and supported in the Winnipeg School Division.

1.2

All staff and students within the Winnipeg School Division are entitled to supports and protections
including those who are transitioned or transitioning, identify as androgynous, gender creative,
gender fluid, gender variant, gender nonconforming, two-spirit, queer, transgender, transsexual or
trans*.

1.3

This policy applies to all students, staff, parents/ guardians, volunteers and trustees working in
association with the Winnipeg School Division.

1.4

This policy is applicable to all activities on Division property and Division sponsored events off the
premises, includes electronic communication and social media and any situation outside school
hours that may impact the learning environment.

1.5

In accordance with Policy JG - Discipline, each school in the Winnipeg School Division shall
incorporate guidelines for appropriate student behaviour regarding gender identity and expression.

1.6

In accordance with Policy GCP - Discipline and Discharge, all staff must adhere to the guidelines
for the Safe and Caring Policy for Transgender and non-conforming students and staff.

1.7

The Winnipeg School Division maintains all programs, activities and employment practices shall be
free from discrimination based on sex, sexual orientation or gender identity as specified in the
Manitoba Human Rights Code. The protected groups within the Code are subject to change under
the legislation.

1.8

The Winnipeg School Division upholds under the Manitoba Human Rights Commission and the
Charter of Rights and Freedom that it is unlawful to commit discrimination, harassment or bullying
against a person on the basis of their gender identity and/ or gender expression. It is also unlawful
to discriminate against an ally of a transgender person.

The Winnipeg School Division

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2.

DEFINITIONS

2.1

Ally
A person, regardless of their sexual orientation or gender identity, who supports the sexual rights of
sexual and gender minority people.

2.2

Gender
A system that operates in a social context to classify people, often based on their assigned sex. In
many contexts this takes the form of a binary classification as man or woman and in other
contexts this includes a broader spectrum.

2.3

Gender expression
The way a person represents/ expresses gender in a particular social context. This includes but is
not limited to clothing, speech, body language, hairstyle, voice and/or the emphasis or deemphasis of bodily characteristics which are often associated with masculinity or femininity. The
ways gender are expressed are culturally specific and may change over time. Synonymous terms
are gender presentation or gender performance.

2.4

Gender fluid
Conveys a wider, more flexible range of gender expression, with interests and behaviours that may
change, even from day to day. Gender fluid people do not feel confined by restrictive boundaries of
expectations of boys and girls.

2.5

Gender identity
A persons internal experience of gender. This includes a persons internal sense of being a man,
woman, androgynous, neither or some other gender. A persons gender identity may or may not
correspond with social expectations associated with the sex they were assigned at birth.

2.6

Gender minority
Individuals who do not identify as either male or female.

2.7

Gender nonconforming
An individual who demonstrates a range of gender expression. It reinforces the notion that gender
is not binary, but a continuum, and many individuals express their gender identity in multiple ways.
Other synonymous terms are gender variant, gender creative and gender nonconforming.

2.8

Gender queer
A label for individuals whose gender identity is fluid and falls outside the dominant male/ female
gender binary.

2.9

Gay Straight Alliance (GSA)

Student organizations termed GSA are clubs or support groups and typically involve teacher(s)
who serve as faculty advisors providing support for LGBTTQ* students.

2.10 Heterosexism
The belief that everyone is, or should be heterosexual. Heterosexism includes assuming that
others are heterosexual, and that heterosexuality is superior to other sexual orientations.

The Winnipeg School Division

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2.11 Homophobia/ Biphobia/ Transphobia

Fear and/ or hatred of any gay and lesbian people (homophobia), bisexual people (biphobia), and
transgender people (transphobia). Often exhibited by name-calling, bullying, exclusion, prejudice,
harassment, discrimination or acts of violence.
2.12 Intersex
A term used to describe biological variations in sexual and reproductive development in which a
person is born with that does not fit the typical definition of male or female.
2.13 LGBTTQ*
An acronym for Lesbian, Gay, Bisexual, Transgender, Two-Spirit and Queer/ Questioning.
The asterisk represents other minority gender identities and sexual orientations, sexual
minority is a synonymous term.
2.14 Preferred Gender Pronoun
The pronoun a person prefers to use. Many transgender and gender nonconforming people may
adopt gender neutral pronouns including, he/him/his; she/her/hers; they/them/theirs; xe/xem/xyr;
ze, zhe; hir/ hirs or no pronoun.
2.15 Queer
Deemed offensive historically, but has been reclaimed by members of the LGBTTQ* community as
a term of empowerment.
2.16 Sexual Orientation
A term that classifies a persons potential for emotional, intellectual, spiritual, intimate, romantic
and/ or sexual interest in other people, often based on their sex and/ or gender.
2.17 Transgender
A person who does not identify with either fully or in part with the gender conventionally associated
with the sex assigned to them at birth. Transgender or trans* is an umbrella term to represent a
wide range of gender identities and expressions.
2.18 Transition(ing)
The process in which a person goes from living and identifying as one gender to living and
identifying as another gender. Transitions may include any physical, social and medical processes.
Not all transgender or gender non- conforming people transition nor transition in the same way.
Transitions are private and personal.
2.19 Trans-positive
Embracing yourself or individuals for who they are.
2.20 Transsexual
A person who does not identify with the gender conventionally associated with the sex assigned to
them at birth. This term is most frequently associated with movement from one side of the gender
binary to the other via hormone therapy and/ or gender reassignment surgery. Historically this term
is stigmatizing with the pathologization of a persons gender identity and that their gender identity is
not valid unless they medically transition.

The Winnipeg School Division

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2.21 Two Spirit

An umbrella term that reflects the man words used in Indigenous languages to affirm the
interrelatedness of multiple aspects of identity including, gender, sexuality, community, culture and
spirituality. Prior to colonization, many Indigenous cultures recognized Two Spirit people as
respected members of their communities and accorded them special status as visionaries, healers
and medicine people based on their unique abilities to understand and move between masculine
and feminine perspectives. Some Indigenous people identity as Two Spirit rather than or in addition
to identifying as LGBTTQ*.

3.

RESPONSIBILITIES:
All staff should consider each students needs and concerns individually, as each transgender and
gender nonconforming student is unique with different needs. An accommodation that works for
one student cannot be assumed appropriate for another.

3.1

Chief Superintendent or designated

Chief Superintendent or designated:
Implement and support the Safe and Caring Policy for human diversity practices within the
WSD.
Provide support for LGBTTQ* inclusiveness in the Winnipeg School Division. All
students and staff are respected and treated equally.
Oversee LGBTTQ* inclusive curriculum and resources are delivered to Kindergarten
through Grade 12.
Training
o Oversee the training and professional learning opportunities for teachers and
staff in areas such as bullying prevention, human diversity and safe
environments for everyone, including LGBTTQ*.
o Ensure all WSD employees are to complete the required training in the area of
promoting respect for human diversity and anti homophobia.
Uphold the Equity and Diversity policy for selection, hiring, retention and advancement of
employees.
WSD promotes and celebrates the LGBTTQ* community.
Ensure inclusive language is communicated that LGBTTQ* students and staff are welcome.
Encourage and support student initiated Gay- Straight Alliances or similar groups.

3.3

Principals and Vice Principals

Principals and Vice Principals shall ensure that:
They provide a leadership role and promote safety, respect and inclusiveness in the school
and community.

The Winnipeg School Division

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All staff recognize the confidentiality of the sexual orientation and gender identity of all
students and staff.
Training
o Encourage the participation of staff in professional learning opportunities and training
on bullying prevention, human diversity, LGBTTQ* and other related topics.
o Staff know their professional responsibility to immediately identify discriminatory
attitudes and behaviours and to create a caring, respectful and safe learning
environment.
Curriculum
o Staff utilize language and educational resources and approaches that are inclusive,
and respectful of diverse sexual orientations, gender identities and gender
expressions.
A support team in the school is provided:
o To be available as an extended advocate for LGBTTQ* students.
o Each school shall have a student support team, whether that includes one teacher or
a group of individuals which may consist of one or more of the following: principal,
vice-principal, counsellor, resource teacher, School Resource Officer (SRO), Clinical
Support Services (CSS), teacher(s) or any other caring adult.
o Support the establishment and continuity of Gay- Straight Alliances (GSAs) or other
similar student support groups.
Zero Tolerance
o Zero tolerance for transphobic / homophobic incidents.
o Discriminatory behaviours and complaints are taken seriously, documented and
responded to as they occur.
o Appropriate consequences as per the Harassment Policy (currently under review by
the Finance Personal Committee) occur for transphobic or homophobic interactions,
whether in person or in digital form. Consequences may include conversation,
education, investigation, verbal warning, suspension, expulsion or involvement with
Winnipeg Police Services.

3.4

Teacher Roles
All teachers and designated support staff shall ensure that:
Model inclusiveness and respect for human diversity and reinforce the expectations of this
policy to the students.
Model respect, understanding, and affirmation of diversity in the working and learning
environment.
The confidentiality of the sexual orientation and gender identity of all students and staff are
confidential.
Education/ Professional Development
o Personal responsibility to educate themselves (i.e., be aware of available resources
to help connect students to the supports they need),

The Winnipeg School Division

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Curriculum
o Ensure curriculum, classroom materials and activities contain LGBTTQ* inclusive
curriculum.
o Provide positive images and accurate information about the history and culture which
reflects the accomplishments and contributions of LGBTTQ* students.
o Challenge gender stereotypes and integrate trans- positive content into the teaching
of all subject areas in accordance with WSD policy and procedures in provincial
legislation.
o Librarians should acquire trans-positive fiction and non-fiction books for school
libraries and encourage the circulation of books that teach about transgender and
gender non-conformity.
3.5

Student Roles
All students shall ensure that:
They monitor personal interactions and conduct in ways that are respectful to peers.
They respect the rights of all students with regard to gender identity and gender expression.
Ensure a safe and inclusive school environment, especially for LGBTTQ* students who are
at a higher risk of bullying and discrimination.

4.

Privacy and Confidentiality

Specific accommodations will be on a case by case basis and to meet the needs of the student
making the request. WSD recognizes that the students needs may change over time or with
various scenarios. Accommodations shall be flexible and unique to meet each students needs.
To support the safety, health and educational needs of transgender and gender nonconforming
students, schools shall adhere to the following practices:
The Winnipeg School Division recognizes everyones right to privacy and confidentiality. Students
rights to discuss and express their gender identity and/or expression openly and to decide when,
with whom, and how much private information to share shall be respected. Transitioning students
will be asked if they wish to participate in the education of their peers.
School staff are not permitted to disclose a students gender identity or gender expression status to
others unless previous permission has been provided or a situation occurs that the students safety
is at risk.

The Winnipeg School Division

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4.2

SAFE AND CARING POLICY

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Student Records
Schools shall maintain an official Student Record with the Students legal name and sex, as
registered under the Vital Statistics Act of Manitoba (Pending Provincial Legislation to be
released).
Schools shall change a students official Student Record to reflect a change in legal name and
gender upon receipt of legal documentation (i.e. Vital Statistics, Drivers License etc.)
Otherwise, schools shall follow these practices for student records:
a) School shall use the students legal name in MAYET, letters sent home, report cards,
transcripts, diplomas and provincial assessments.
b) Schools may use the preferred name, gender and pronoun when corresponding with
students. This information can be inputted into MAYET under preferred name.
c) At the request of the student, schools may use the preferred name on class lists,
timetables, student files, identification cards, and the comments section of the report
card, unless directed otherwise.
d) In situations where school staff or administrators are required by law to use or to report a
students legal name or gender (i.e. for purposes of data collection) staff avoid disclosure
of private information wherever possible.

4.3

Communications with parents/ guardians

Students may not have discussed their gender identity or gender expression with their parents/
guardians. The Winnipeg School Division staff shall support students in their school environment.
Communications between the school and parents/ guardians shall use a students legal name and
the pronoun corresponding to the students gender assigned at birth, unless directed otherwise.
This is to protect the identity of the student and to prevent an accidental disclosure of the students
transgender or non-conforming identity.

4.4

Name and Pronoun Use

A student has the right to be addressed by a name and pronoun that corresponds to their gender
identity or expression. Students are not required to change their personal information with Vital
Statistics when they request a name and pronoun change. The Winnipeg School Division will do
their best to accommodate preferred name(s) and pronoun(s).
Intentional or persistent refusal to acknowledge a students preferred name and pronoun creates
an unsafe and unwelcome environment for the student and may interfere in their learning
environment. The intentional or persistent refusal to respect the students gender identity (name
and pronoun use) is a violation of this policy.

The Winnipeg School Division

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School dress codes

Students have the right to dress in a manner consistent with their gender identity or gender
expression. This includes students who may dress in a manner that is not consistent with societal
expectations of masculinity/ femininity. Thus, a flexible and gender neutral dress code will ensure
that students feel included and respected.

4.6

Gender Segregated Sorting

Transgender and gender nonconforming students have the right to participate in all spaces and
activities (educational, recreational and competitive) in ways that are safe and comfortable and
consistent with their gender identity.
Schools should minimize gender sorting or segregating, unless previously approved by
senior administration. In circumstances where students are separated by gender, helping them
access inclusive activities and spaces in alignment with their gender identity.

4.6

Access to Gender Segregated Areas

Students shall have safe access to facilities that correspond to their gender identity and
expression. Schools may maintain separate gender segregated areas, but must allow students to
access them based on their gender identity.
Schools are encouraged to designate a Universal Toilet Room (UTR) for single use accessibility for
all students. Requiring students to use transgender or non-conforming private space can lead to
public identification and marginalization. Under no circumstance must students be required to use
segregated facilities.
a)

Washroom Accessibility
Students shall have access to the restroom that corresponds to their gender identity. Any
student who has a need or desire for increased privacy, regardless of the reason, should
be provided access to a single stall washroom.

b) Change Room Accessibility

Students shall have access to change rooms that correspond to their gender identity. Any
student who has a need or desire for increased privacy, regardless of the reason, should
be provided with a reasonable alternative changing area.

The Winnipeg School Division

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Overnight Field Trips

All students are to be included on school field trips and overnight field trips and shall be housed in
a safe and respectful manner. Accommodation arrangements for overnight field trips shall be
addressed on a case by case basis and numerous factors may be considered: the transgender
students preference and rights, protecting student privacy, maximizing social integration of the
transgender student, minimizing stigmatization of the student, ensuring equal opportunity for
participation, the students age and protecting the safety of the students involved. Staff shall make
reasonable efforts to provide accommodations that best address the needs of the students.
The guidelines for access to washroom and change room facilities also apply while traveling.
School staff are responsible for ensuring access to changing, showering and bathroom needs of
students are met.

4.8

Access to Gender Segregated Activities/ Sports

All students, regardless of their gender identity or gender expression, are welcome to participate
and compete in physical education classes, intramurals and school sports teams in a safe,
inclusive and respectful environment. In accordance with the Manitoba Human Rights Commission
Ruling, irrespective of gender, an individual has the right to compete and participate on a sports
team according to their skill level.
The Winnipeg School Division supports that any student may participate in gender segregated
sports teams in accordance with their gender identity. The WSD will do their best to accommodate
students who have transitioned before or during school year (consistent with Manitoba High School
Athletics Association - MHSAA Transgender Policy). The WSD reserves that every situation is
unique, individual and personal and will be examined by a sub-committee on a case by case basis.

4.9

Student Organizations (GSAs, Diversity Groups)

Schools shall support students who wish to establish and lead groups or activities that promote
respect for human diversity in a positive, inclusive and accepting school environment. Gay Straight
Alliances (GSAs)/ Diversity Groups provide safe and inclusive spaces for students to talk about
their experiences and to facilitate awareness of LGBTTQ* issues in school. School GSAs should
encourage and support scholarships and awards that recognize the unique strength and resilience
of transgender and gender nonconforming students. They should also support actions, activities,
and campaigns that celebrate gender diversity and create awareness of trans-positive and about
transphobia, gender stereotypes and gender based violence.

The Winnipeg School Division

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GUIDELINES FOR STAFF

Administration and school staff must consider all employees needs and concerns individually.
These guidelines support the safety, health and workplace needs of staff regardless of their gender
identity.

5.1

Gender Expression
All employees have the right to express themselves in a manner consistent with their gender
identity.

5.2

Privacy and Confidentiality

The gender identity of an employee is considered confidential and should only be disclosed on a
need-to-know basis, and with the consent of the employee, unless the employee directs otherwise.
Transitioning employees will be asked if they wish to participate in the education of their coworkers.
Current and prospective transgender and gender non- conforming employees who encounter
problems concerning identification documentation are encouraged to raise concerns with the
Human Resources department.

5.3

Pronoun and Name Changes

An employee has the right to be addressed by the name and pronoun that corresponds to their
gender identity or gender expression. Intentionally addressing an employee by the incorrect name
or pronoun maybe considered a form of discrimination. This applies to the intentional and/ or
persistent refusal to acknowledge or use the employees gender identity.

5.4

Washroom Access
Employees have the right to use a washroom that corresponds to their gender identity or gender
non-conformity. Schools should provide an easily accessible, one stall bathroom for use by any
employee who desires increased privacy, regardless of the reason. Use of a universal toilet room
(UTR) or single stall bathroom is a matter of choice for the employee and should not be mandatory.

5.6

Notification of Transition
An employee in the transition process should meet with their immediate supervisor and Human
Resources in confidence. Workplace support, and supervisor support is critical before, during and
after the transition.
The employee should be aware of:
Their main point of contact (HR) for support before, during and after the transition
Their preference of informing colleagues/ students and the safest practices
Their preferred name and pronoun use and when it should be implemented
Time off required (sick leave or personal leave) is available under the collective
agreement.

The Winnipeg School Division

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Accommodation Requests
An employee may feel more comfortable working in a different position during and or after their
transition. Human Resources will consider accommodation of such requests.

5.7

Addressing concerns of Co-workers and Community

Employees who raise concerns about transgender or gender nonconforming co-workers should be
referred to HR and current WSD policies. All employees should be reminded that they must work
cooperatively and respectfully with everyone and a failure to do so could result in corrective action,
including termination of employment.

6.

RESOLVING CONFLICT/ RESOLUTIONS

Disputes or conflicts are to be resolved in a manner that involves the trans* student or employee
and an adult ally (from the Support Team) in the decision- making process to maximize
inclusiveness and address the best interests of the individual are met in the collaborative decision
making.

6.1

Guidelines for Unsupportive Parents/ Guardians

The Winnipeg School Division believes in collaboration with families/ guardians when possible, but
acknowledges that the students safety is the utmost priority. In situations where familial support is
not available for transgender or gender non- conforming students, the school has the right to
support the student in a safe and caring environment. It is important for staff to be mindful that
students may reside in unsupportive homes and for students safety, preferred name and gender
should not be used when communicating with parents/ guardians. This alert will be indicated in the
students profile in MAYET.

6.2

Discrimination/ Harassment
Any incident of bullying, harassment, discrimination, or violence against someone on the basis of
gender identity requires immediate attention and shall be handled in the same manner as other
complaints as per Policy GCPDA Harassment Prevention.
Any person (student, staff or person subject to a duty within WSD) must report harassment,
discrimination or bullying based on actual or perceived gender identity of students or staff to the
principal of the school should they become aware as per Manitoba Bill 18. Reporting shall be made
to administrators of the school or HR.
Homophobic, Bi-phobic or Transphobic attacks will not be tolerated and may include: verbal
harassment, physical harassment, physical assault, sexual assault, property stolen and vandalized,
rumors/ lies spread through graffiti, texting, and social media. These types of attacks are also
handled in adherence with Policy GCPDA Harassment Prevention.

The Winnipeg School Division

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EXHIBIT 1: SCHOOL PLANNING GUIDE FOR

TRANSGENDER AND GENDER--NONCONFORMING STUDENTS
Directions: This planning tool should be reviewed with the student and relevant parties as a way to
ensure the school environment is both safe and supportive. Please file this in with the school principal.

School: _________________________

Date: _______________

Preferred name/gender identification: ___________________________________________________

Is a gender change for MAYET being requested? _____ Yes _____ No
Current name in MAYET database: ______________________________________________
Current gender marker in MAYET database: _________________________________________
Is the parent/ guardian aware of the preferred name and gender identification? _____ Yes _____ No
Should the parent/ guardian be informed as part of the process? _____ Yes _____ No
Has an alert been inputted in MAYET database? _____ Yes _____ No

School Support Team: _______________________________________________________________

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EXHIBIT 2: STUDENT GENDER SUPPORT PLAN

Meeting of the interested parties is scheduled for: _____________________________________

Who will be attending?

Administrator
Parent/Guardian
School Contact Person
Teacher
Counsellor/ clinician

Community Provider
Support Team Members (specify)
Other:
__________________________

Plan for bathroom (where they are, which will be used, do a walk--through with student to ensure
that they know where facilities are located):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

Plans for changing for Gym Class/ Intramurals:

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Plan for gendered activities (i.e. sports):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Plan for field trips (who is responsible for seeing the plan in place for each field trip?):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

Check in plan? _________________________

Which Team Support person will be the students main support?

Name of staff person: ___________________________________________________________
Phone number: ________________________________________________________________
Email address: _________________________________________________________________

The Winnipeg School Division