Transgender and Gender Identity Policy

1.1. Oxford Brookes University celebrates and values the diversity of its community. It seeks to promote a culture that supports equality and inclusion for all, including transgender students, staff and visitors. 

1.2. In line with its responsibilities under the Equality Act 2010 and the Gender Recognition Act 2004, the University is committed to providing an environment in which trans people can study, work and participate in University life free from discrimination, harassment and victimisation, and in which their privacy is maintained and respected.

1.3. The University recognises that current legal definitions are not fully inclusive of trans identities or the spectrum of gender identities and is committed to broader inclusive practice on gender identity.

2.1. The purpose of this policy is to:

• Communicate the University’s commitment to creating an organisational culture which is inclusive of diverse gender identities and expressions.

• Outline the steps that the University will take to meet the needs of transgender students, staff and visitors.

• Set out a framework for how the University will support staff and students who wish to take steps to affirm their gender identity, or who have already done so.

3.1. Transgender (or trans) is used in this policy to refer to all people whose gender identity and/or gender expression differs from the sex they were assigned at birth. This includes everyone who has taken, is taking or intends to take steps to affirm their gender identity, regardless of how far along they are in this process or what their intended outcome may be, as well as people with a nonbinary gender identity. The language that trans people use about themselves and their journeys will be highly personal, and there is no exhaustive list of characteristics that they share.

3.2. Gender expression is the external presentation of a person’s gender, which can include clothing, hairstyles, behaviour and voice. It may or may not align with their internal gender identity.

3.3. Gender identity is a person's internal and individual sense of self as male, female, both, or neither, which may or may not correspond to the sex they were assigned at birth. 

3.4. Gender reassignment is defined in the Equality Act as “A person … proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex”. Case law has shown that protections may apply to anyone whose gender identity does not match the sex they were assigned at birth.

3.5. Intersex refers to people born with sex characteristics that do not fit binary definitions of male or female. While being intersex is not the same as being transgender, some intersex people may identify as trans and many of the principles of this policy may apply to intersex people.

3.6. Non-binary is an umbrella term for people who do not identify with a permanent binary gender identity, including those who identify in other ways, such as genderqueer, genderfluid, gender variant, dual role or agender. This means a person's gender identity is not exclusively that of a man or woman, and can be a combination of both, something in between, or completely outside of the binary. 

4.1. This policy statement applies to:

• All current and prospective members of staff, including temporary staff, affiliates, contracted staff and self-employed consultants, whether remunerated or not. 

• All current and prospective students, including those studying with Associate College Partners and via distance learning.  

• All visitors to the University, including external members appointed to University committees; external persons or agencies using the University’s premises, facilities or services; contractors working at the University; individuals and organisations working or acting on the University’s behalf, including suppliers of goods and services; and members of the public participating in University activities.

4.2. Students studying through a partnership agreement with another institution may also be subject to the policies and procedures of the partner institution. Details about local practices will be set out in their Partner Handbook.

4.3. This policy reflects the legislation of and applies to the University’s activities in England and Wales. Its principles may be relevant in other national contexts and implemented where appropriate but never where they would place a trans student or staff member at risk, e.g. of violence or detention.

5.1. The University is committed to the guiding principle of inclusivity - we take positive steps to create an environment in which we celebrate and value difference, and provide equal opportunity to all. However, we recognise that societal and systemic factors exist that may prevent trans students and staff from being able to be themselves and empowered to participate fully in the life of the University. These barriers may be compounded for students and staff whose gender identity or trans status intersects with another aspect of their identity.

5.2. To address this the University will:

• Create a safe and inclusive culture for all forms of gender identity and expression, free from harassment, discrimination and victimisation, where all trans individuals are treated with dignity and respect, are able to be themselves and are empowered to participate fully in the life of the University;

• Ensure that students are not disadvantaged in their studies and that staff are not disadvantaged in their employment because of their gender identity or gender expression;

• Provide support and understanding to individuals who wish to take steps to affirm their gender identity, or who have already done so, and have effective and efficient processes and systems to underpin this.

5.3. The University will take a learning and development approach to trans inclusion and actively seek to understand, challenge and change the underlying structures, processes and attitudes that can lead to the discrimination, exclusion or disempowerment of trans people. We will learn from emerging good practice and thought leadership in the higher education sector and beyond, welcome discussion within the community about how we can improve our approach, and learn from feedback from students and staff with lived experience to continually improve our processes and culture.

6.1. All members of the University community are entitled to work, study and participate in University life in an environment free from discrimination and harassment. The University will ensure that any instances of harassment or discrimination on the basis of a person’s gender reassignment, gender identity or gender expression are dealt with in accordance with its Anti-Harassment and Discrimination Policy. Appendix B of the policy provides examples of behaviours that may constitute harassment.

6.2. The University will ensure that trans staff and job applicants do not experience unlawful discrimination in relation to their employment. These may include, but are not limited to, practices relating to recruitment, pay, promotion, appraisals, termination of employment, and disciplinary and grievance procedures.

6.3. The University will ensure that trans students and prospective students do not experience unlawful discrimination in relation to their studies. These may include, but are not limited to, practices relating to admissions, assessment, degree outcomes, the awarding of bursaries, and work placements. 

Confidentiality and privacy

6.4. The University is committed to providing a supportive environment for staff and students who wish to share their trans status. It is the right of the individual to choose whether or not to disclose their gender identity, trans status or trans history.

6.5. The University will always ensure the privacy, and respect the confidentiality of trans students and staff, apart from in very limited circumstances where disclosure may be required by law. It will not reveal or share sensitive personal information about a person’s gender identity, trans status, trans history or intention to transition without the explicit consent of that individual. 

6.6. Any breach of confidentiality should be treated as a data protection breach. It may also be regarded as a form of harassment and, in some instances, may be a criminal offence. 

6.7. The University monitors equality data to improve policies and practice but will never publish data that could risk identifying trans individuals. Disclosure of data on gender identity and trans status is optional and strictly anonymised. 

6.8. Any data relating to a person’s gender identity or trans status will be handled in accordance with the University’s Data Protection and Privacy Policy and the requirements of the General Data Protection Regulation (GDPR) and Section 22 of the Gender Recognition Act 2004.

Inclusive culture

6.9. The University will develop an ongoing programme of activity to build and reinforce an inclusive culture for trans staff and students, based on open dialogue and mutual respect, including through the provision of appropriate induction, guidance and training. 

6.10. The University will use gender neutral language in the development and review of university policies, processes and guidance, unless there is a legal imperative to differentiate by sex.

6.11. It will ensure that marketing, website, central communications and promotional materials use gender neutral language and reflect diverse gender identities and the University’s commitment to inclusion.

Support for transition

6.12. Individuals who decide to transition or affirm their gender identity while studying or working at the University are not required to inform anyone of their intention. If they choose to do so, the University will support students and staff to navigate their personal transition in terms of timescale, formality and communication. It recognises that this journey is unique for each individual and may or may not involve medical intervention.

6.13. Staff who decide to transition, affirm their gender identity or disclose their trans status or history during employment can access support from the People Directorate (see Appendix 1).

6.14. Students who decide to transition, affirm their gender identity or disclose their trans status or history during their studies can access support from Student Support Services (see Appendix 2).

6.15. The University recognises that the impacts of transition and gender identity affirmation can be widespread, and will ensure access to support that includes, but is not limited to:

• Appropriate wellbeing and mental health support, including access to counselling.

• Support during medical or surgical procedures related to transition, gender identity affirmation and gender reassignment.

• Signposting to sources of financial support and advice where transition has resulted in financial hardship, e.g. due to family estrangement.

Records and systems

6.16. The University supports the right of all students and staff to be recognised by the names and pronouns with which they identify, which may be different to those which appear on legal documents. It will ensure efficient and effective processes for recording and changing names and gender markers on student and staff systems, wherever practicable, and for reissuing staff and student cards, where necessary. For certain regulatory and statutory purposes, the University may need to record an individual’s legally recognised name where this differs from the name with which they identify.

6.17. The University has regulatory and statutory duties to maintain records based on binary sex markers. Alongside this, it will provide opportunities for students and staff to record their gender identity and trans status on University systems, at enrolment and following staff recruitment, and through ongoing self-reporting options, on a voluntary basis.

6.18. The University recognises that some countries issue legal documents that allow a non-binary gender marker. Where a student or staff member holds such a passport, it will reflect this in records as far as is practicable but may sometimes need to request a binary sex marker to comply with statutory requirements.

6.19. The University will ensure that the needs of trans students and staff are considered during procurement processes for systems that record or report on names, pronouns, and sex and gender markers.

Facilities

6.20. The University will ensure the provision of appropriate facilities for trans students, staff and visitors, including, but not limited to, toilets, changing facilities and accommodation. It will provide clear information about the availability of gender neutral facilities across the estate.

6.21. It will ensure that the needs of trans students and staff are proactively considered in estates and facilities development plans for new building design and refurbishment. If a project cannot comply with this policy, the reasons must be clearly documented in the project’s Equality Impact Assessment and agreement sought from the relevant oversight committee.

Sports

6.22. The University is committed to the full inclusion of trans students and staff in sports and active wellness activities.

6.23. Competitive sport in higher education is primarily coordinated and delivered by British Universities & Colleges Sport (BUCS). For all matters relating to eligibility criteria for trans people in competitive sport, BUCS will operate to the relevant policies adopted by the respective sport’s national governing body or international federation.

Freedom of speech

6.24. Freedom of speech and academic freedom within the law are protected by statute. The University is committed to maintaining an open environment where debate, challenge and dissent are permitted and expected; and where controversial and unpopular ideas may be advanced within the context of legitimate academic debate. Intellectual and academic freedom is fundamental to the University's purpose, values, mission, teaching and research; the University's Code of Practice on Freedom of Speech therefore takes precedence over this policy in the case of any conflict.

7.1. All members of the university community have the right to be treated with dignity and respect, and have a corresponding responsibility to treat others with dignity and respect, including on the basis of gender identity and trans status. This may include discouraging and reporting harassing or discriminatory behaviour when it is safe and appropriate to do so. 

7.2. Line managers should ensure that trans staff, and any member of staff who takes the decision to affirm their gender identity, are treated fairly and supported appropriately, seeking advice from the People Directorate where necessary. 

7.3. Relevant staff should ensure that trans students, and any student who takes the decision to affirm their gender identity, are treated fairly and supported appropriately. They should familiarise themselves with available sources of support and seek advice from Student Support Services where necessary.

7.4. The People Directorate is responsible for ensuring that this policy and any procedures relating to staff are maintained, for ensuring that staff are provided with appropriate guidance and training to implement this policy, for giving advice to trans staff and their managers, and for ensuring that appropriate support is available. Accordingly, People Directorate staff will have additional training to support trans staff and their line managers and colleagues.

7.5. The Directorate of Academic and Student Administration (ASA) is responsible for ensuring that any procedures relating to students are maintained, for giving advice to trans students, and for ensuring that appropriate support is available. Accordingly, staff in key student-facing roles in ASA will have additional training to support trans students and the academic or professional services staff who support them. 

Related University Policies/Procedures/Guidence:

• Anti-Harassment and Discrimination Policy
• Equality, Diversity and Inclusion Policy
• Code of Practice on Freedom of Speech

Related Legislation:

• Equality Act 2010 and Public Sector Equality Duty (PSED)
• Gender Recognition Act 2004
• Higher Education (Freedom of Speech) Act 2023
• Human Rights Act 1998
• UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018
• Protection from Harassment Act 1997
• Health and Safety at Work Act 1974

Staff who decide to openly transition, affirm their gender, or disclose their trans identity or history during employment may request support from the People Directorate (PD).

We recognise that each person’s trans journey is unique. At all times the wishes of the individual and their concerns for confidentiality and privacy will be central and should determine the timeframes, actions and communication. 

Staff can choose to inform their line manager, who may need to contact their link People Manager or the EDI Adviser for advice. Alternatively, the staff member may approach their link People Manager or the EDI Adviser directly. 

Where time off is required in relation to transition, e.g. to access surgery or fertility treatments, the staff member will be entitled to paid time off in line with relevant absence and leave policies. In accordance with the University’s sickness absence policy, staff who do not wish to disclose the reason for their absence to their line manager may provide details to the People Directorate Operations team directly (pdteam-operations@brookes.ac.uk).

If the staff member wishes to discuss their needs in relation to transition, they may request a meeting with their link People Manager or the EDI Adviser. The staff member may choose whether or not to include their line manager in this meeting, and may be accompanied by a friend or colleague. If the staff member feels that a meeting is not appropriate, their link People Manager or the EDI Adviser will work with them to agree other ways in which their needs may be discussed or communicated. 

The main purpose of any meeting(s) will be to provide reassurance of the University’s support and ensure that the individual is aware of, and has access to, available internal and external support. It may also include discussion of, for example:

• the intended timescale and arrangements for any gender-affirming or transition processes

• whether, how and when they wish their intentions to be communicated to colleagues and other relevant parties

• details of any time off already planned or anticipated

• consideration of any reasonable adjustments which may be needed 

• whether there is a perceived need for any awareness raising, support or development for other colleagues

• the availability and location of facilities, including those that are gender neutral

• arrangements for changes to employee records and other University systems - where these are required, the EDI Adviser will offer advice and coordinate the process

• any considerations in relation to third parties or external media intrusion, and how will these be handled

Any important information, agreements or decisions resulting from these discussions will be confirmed in writing and, with the agreement of the individual, recorded in a Support Plan. The Support Plan will be confidential, shared with the consent of the staff member on a need-to-know basis and only held in agreed places. 

Any Support Plan that is drawn up is not fixed and can be altered at the request of the staff member at any time to ensure that they are comfortable with the steps to be taken and the pace of change.

The list above is an initial guide. In accordance with the wishes of the individual, staff supporting them will ensure that they, and any other key contacts, are supported and provided with further guidance throughout the process.

Students who wish to affirm their gender identity, disclose their trans status or history, or give notification of their intention to transition may choose to approach any of the following in the first instance, who will consider their needs and agree an appropriate course of action: Student Support Co-ordinator, Student Support Services, or another relevant member of staff to whom they feel comfortable disclosing.

We recognise that each person’s trans journey is unique. At all times the wishes of the student and their concerns for confidentiality and privacy will be central and should determine the timeframes, actions and communication. 

The main purpose of any meeting(s) with a relevant staff member will be to provide reassurance of the University’s support and ensure that the student is aware of, and has access to, available internal and external support. It may also include discussion of, for example:

• the intended timescale and arrangements for any gender-affirming or transition process 

• whether, how and when they wish their intentions to be communicated to other students and relevant staff members

• details of any time off already planned or anticipated 

• consideration of an Inclusive Support Plan and how to minimise disruption to the student’s programme of study 

• whether there is a perceived need for any awareness raising, support or development for other colleagues or students

• the availability and location of facilities, including those that are gender neutral

• arrangements for changes to student records and other university systems

• any considerations in relation to third parties or external media intrusion, and how will these be handled

Any important information, agreements or decisions resulting from these discussions will be confirmed in writing and, with the agreement of the individual, recorded in a Support Plan. The Support Plan will be confidential, shared with the consent of the student on a need-to-know basis and only held in agreed places. 

Any Support Plan that is drawn up is not fixed and can be altered at the request of the student at any time to ensure that they are comfortable with the steps to be taken and the pace of change.

Student Support Services will provide a single, central point of contact to co-ordinate any arrangements required, including the update of university records and systems.

The list above is an initial guide. In accordance with the wishes of the individual, Student Support Services will ensure that the individual and any other key contacts are supported and provided with further guidance through the process.

Resources for staff

Your line manager

Your link People Manager

The Equality, Diversity and Inclusion Team: EDIStaff@brookes.ac.uk 

Trade union representatives: UCU and UNISON

Employee Assistance Programme (includes access to confidential counselling)

Multifaith Chaplaincy: www.brookes.ac.uk/students/chaplaincy 

The LGBTQ+ Staff Network provides social and other support to members of the Brookes community. Alongside the LGBTQ+ Equality Steering Group, it also acts as a feedback channel to the Equality, Diversity and Inclusion Advisory Group.

Resources for students

Student Support Co-ordinators: www.brookes.ac.uk/students/ssc  

Student Welfare and Support Advice Team: www.brookes.ac.uk/students/student-welfare 

Brookes Union Help and Advice: https://brookesunion.com/advice 

Multifaith Chaplaincy: www.brookes.ac.uk/students/chaplaincy 

Trans+ Student Support Group: www.brookes.ac.uk/students/chaplaincy/pastoral-care/peer-support-groups#trans

Togetherall mental health support: www.brookes.ac.uk/students/support/togetherall