Students | Transgender Rights | Vermont

All Vermont public school students have the right:

• 为了在学校里安全而不被欺负，
• 要访问有关 LGBTQ+ 主题的信息（包括教育网站），
• 穿着和表现方式要符合你的性别认同，
• 言论自由。这意味着你有权表达可能冒犯他人的观点，也有权反对他人的观点，只要你以尊重他人的方式表达即可。

All Vermont public and many private school students have the right:

• To be protected from discrimination or harassment based on sexual orientation, gender identity or expression, or HIV status,
• 组建一个同性恋/异性恋联盟 (GSA)，享受与其他非课程团体同等的待遇。这意味着平等的资金、设施使用权以及选择团体名称的权利。

在校外，您有权利：

• 在就业、住房和公共场所（如餐馆或商店）中免受基于您的实际或感知的性取向、艾滋病毒状况或性别认同的歧视。
• 未经父母同意，自行接受 HIV 检测。更多详情，请参阅“HIV/AIDS”专题。
• 向警方举报在校内或校外对您造成人身伤害、威胁您或破坏您的财产的任何人。

Visit the U.S. Department of Education’s Resources for LGBTQI+ Students page for more information on what you can do if you experience discrimination.

Yes. It is the policy of the state of Vermont that all Vermont educational institutions provide “safe, orderly, civil and positive learning environments.  Harassment, hazing and bullying have no place and will not be tolerated in Vermont schools” (16 V.S.A § 570).

Bullying is defined as an act (including an electronic one) directed against a student by another student or group of students that:

1. is repeated over time;
2. is intended to ridicule, humiliate or intimidate; and
3. substantially interferes with a student’s right to a safe education regardless of whether it happens on or off school grounds (16 V.S.A § 11(a)(32)).

^​Harassment is defined as verbal, written, visual, or physical conduct (including by electronic means) motivated by a student’s or student’s family member’s actual or perceived characteristic such as sex, sexual orientation, gender identity or expression or HIV status that is intended to:

1. substantially interfere with educational performance or access to school resources; or
2. create an intimidating or hostile environment (16 V.S.A. § 11(a)(26)(A)).

^​Hazing is defined as any act against a student who is involved with a student organization which is intended to humiliate, intimidate, or demean the student or endanger the physical or mental health of the student (16 V.S.A. § 11(a)(30)(A)).

All public and approved independent schools must develop, adopt, ensure the enforcement of, and make available to all students, staff, and parents, bullying, harassment and hazing prevention policies that shall be at least as stringent as the model policies developed by the Vermont Department of Education (16 V.S.A. § 570(b)). The model policies can be found 这里.

All of these policies must include:

1. Annually notifying the students, staff and parents about the policies and procedures;
2. A procedure that directs students, staff and parents to report violations and file complaints;
3. A procedure for investigating reports of violations and complaints;
4. A description of the circumstances under which the violation may be reported to a law enforcement agency;
5. Consequences and appropriate remedial action for those who violate the policy;
6. A description of the training that teachers and other staff will receive in preventing, recognizing and responding to violations; and
7. Designation of two or more people at each school to receive complaints (16 V.S.A. §§ 570a (harassment), 570b (hazing), 570c (bullying)).

Yes, the US Supreme Court in Mahanoy Area School Dist. v. B. L. affirmed in addition to concluding that students have broad speech and expression rights outside of school, also stated:

“Circumstances that may implicate a school’s regulatory interests [outside school] include serious or severe bullying or harassment targeting particular individuals; threats aimed at teachers or other students…”

Yes, Title IX prohibits discrimination against students based on sex in any school or college that receives federal funds. In light of the Supreme Court ruling in Bostock v. Clayton County, which determined that sexual orientation and gender identity discrimination are forms of sex discrimination, the federal Department of Education, which enforces Title IX, has stated that it will interpret any sexual orientation or gender identity discrimination as sex discrimination.

To file a complaint with the federal Department of Education Office of Civil Rights, see:  How to File a Discrimination Complaint with the Office for Civil Rights.

您可以向学校的 Title IX 协调员投诉，也可以向以下机构投诉：

民权办公室
美国教育部
约翰·W·麦科马克邮局及法院，222 室
邮局广场
波士顿，马萨诸塞州 02109

此外，某些类型的歧视和骚扰可能会侵犯学生的宪法权利。

There are many ways to approach the issue.  One is to ask for support from a friend, teacher or counselor. When harassed, if you feel safe, you may wish to speak to the perpetrators.

In addition, read your school policies and notify whoever is supposed to be notified—usually a vice principal or Title IX coordinator.  You should document any incidents of harassment or discrimination in writing.  Once you meet with the right officials, make a note of what you told them and on what date and ask when they will be getting back to you with a response.  If they don’t help you or don’t follow through, you may wish to write to the principal and superintendent and ask for them to end the discrimination.  Keep copies of all documentation for future reference.

At the same time, or after contacting the administration as set out above, you may want to contact the Safe Schools Program of the Vermont Department of Education.  This program is responsible for implementing initiatives related to the equal educational opportunities and anti-harassment provisions discussed above.  You can reach them at:

Safe Schools Program
Vermont Department of Education
120 State Street
Montpelier, VT 05620-2501
(802) 828-3130
http://www.state.vt.us/educ/new/html/pgm_safeschools.html

Alternatively, since schools are considered public accommodations in Vermont, you may want to file a complaint with the Vermont Human Rights Commission (see discussion of Public Accommodations above) or other legal action.  Contact GLAD 答案 for assistance and attorney referrals.