Know Your Rights, VT Students!

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作为 LGBTQ+ 学生，我有哪些权利？

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

Are there any state laws that protect me from harassment, hazing, and bullying at school?

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:

is repeated over time;
is intended to ridicule, humiliate or intimidate; and
occurs during the school day on school property, on a bus or at a school-sponsored activity or before or after the school day on a school bus or at a school-sponsored activity; OR occurs at any other time and can be shown to pose a clear and substantial interference with a student’s right to access educational programs (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 characteristics such as sex, sexual orientation, gender identity, or disability that is intended to:

objectively and substantially undermining and detracting from or interfering with educational performance or access to school resources; or
creating an objectively intimidating, hostile, or offensive environment (16 V.S.A. § 11(a)(26)(A)).

Hazing is defined as any act against a student who is pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization that is affiliated with an educational institution and that is intended to have the effect of (or be reasonably expected to have the effect of) humiliating, intimidating or demeaning the student or endangering the physical or mental health of the student (16 V.S.A. § 11(a)(30)(A)).

What are schools required to do to prevent bullying, harassment, and hazing?

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 at: Model Policy on the Prevention of Harassment, Hazing and Bullying of Students | Agency of Education.

All of these policies must include:

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

Harassment and hazing are also explicitly prohibited at Vermont postsecondary schools, which are required to establish policies and enforcement procedures to address harassment complaints (16 V.S.A. § 178).

Can schools regulate anti-bullying policies outside of school grounds?

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…”

Does Vermont have specific guidance for schools to follow to protect transgender students?

Yes. The Vermont Agency of Education has established best practices for schools regarding transgender and gender nonconforming students. These practices are intended to help school and district administrators take steps to create a culture in which transgender and gender nonconforming students feel safe, supported, and fully included and to meet each school’s obligation to provide equal educational opportunities for all students. These practices are intended to help schools ensure a safe learning environment free of discrimination and harassment and to promote the educational and social integration of transgender and gender nonconforming students.

The best practices include the following:

学校应该尊重跨性别学生的姓名和代词；
学校应尊重跨性别学生的医疗信息、曾用名等隐私；
学生记录上的姓名和性别应符合学生的性别认同；
跨性别学生应该能够使用符合其性别认同的洗手间、更衣室和更衣设施；
在任何性别隔离的活动中（包括体育运动），跨性别学生都应该能够以符合其性别认同的方式参与。

For more information about the best practices, see: Continuing Best Practices for Schools Regarding Transgender and Gender Nonconforming Students

Does the Vermont anti-discrimination law also protect students?

Yes, schools (public, independent and postsecondary) are considered places of public accommodation (9 V.S.A. § 4501), and therefore they may not discriminate on the basis of sexual orientation or gender identity in their accommodations, advantages, facilities or privileges (9 V.S.A. § 4502). As a result, if you are discriminated against you may be able to pursue a complaint at the Human Rights Commission or in Superior Court.

For more information about the Vermont anti-discrimination law and how to file a discrimination complaint, see the “Discrimination” Issue Area.

Are there federal laws that protect 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。

What can I do if I’m being discriminated against or bullied at school?

There are many ways to approach the issue. One is to ask for support from a friend, teacher or counselor and talk to the people who are bothering you. That is not an option, however, if you don’t feel safe doing so.

Take a look at 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 with at least the date and time. Once you meet with the right officials, write yourself notes about 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.

If this fails, you may also wish to consider legal action against the town by contacting the Connecticut Commission on Human Rights and Opportunities or the federal Department of Education Office of Civil Rights.

This is a complicated area of law as well as being emotionally challenging. Contact GLAD Answers by filling out the email form at GLAD 答案 or by phone at 800-455-4523 (GLAD) to discuss options.

Do students have the right to form Genders & Sexualities or Gay/Straight Alliances in their schools?

Yes, as to high school students; probably, as to middle school students. A federal law known as the “Equal Access Act” requires that all federally funded secondary schools provide equal access to extra-curricular clubs. So long as a school has at least one student-led extra-curricular club, it must allow additional clubs to organize, and must provide them with equal access to meeting spaces, facilities, and funding without discriminating based on a club’s purpose, be that purpose religious, philosophical, political, or otherwise (20 U.S.C. § 4071).

Does Vermont have a law that bans conversion therapy?

Yes, in 2015 Vermont passed 18 V.S.A. § 8352, Outpatient Mental Health Treatment for Minors.

State and national medical, mental health, and child welfare organizations all oppose the practice of conversion therapy, a practice that seeks to change a person’s sexual orientation or gender identity. Extensive professional literature shows the practice to be both ineffective in changing sexual orientation or gender identity and harmful to youth. Young people who have been subjected to conversion therapy are at increased risk of depression, suicidal thoughts and suicide attempts, and illegal drug use.

Under the law’s provisions, any licensed mental health provider who practices conversion therapy would be subject to discipline by the appropriate licensing agency.

IF YOU ARE EXPERIENCING HARASSMENT OR DISCRIMINATION:

Talk to a trusted teacher or counselor
Look at your school’s policies (usually in a student handbook or online) and find out who to notify
Document any incidents of harassment (in writing, using screenshots, recordings, etc.)
Call GLAD Answers, our confidential legal info-line

YOU HAVE RESOURCES

Bullying and Harassment in Vermont Schools: Bullying and Harassment in Vermont Schools | VTLawHelp.org.

Agency of Education FAQ on best practices for transgender students:

School Best Practice FAQs – Outright Vermont

Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity: US Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity

Legal Guidelines Regarding the Equal Access Act: Legal Guidelines Regarding the Equal Access Act and the Recognition of Student-Led Non-Curricular Groups (MS Word).

FAQ About Equal Access Act: Equal Access Act FAQs.pdf

Vermont LGBTQ Resources: LGBTQ+ Resources

Outright Vermont: (802) 865-9677 Email: info@outrightvt.org

PFLAG Dorset Chapter Email: pflag.dorset@gmail.com

Youth Catalytics: (802) 425-3006

Pride Center of VT: (802) 860-7812

Trans Lifeline: 877-565-8860

特雷弗计划: 866-488-7386

GET INFORMATION AND LEGAL HELP

For more information about your rights and protections, and for referrals, you can contact GLAD 答案, GLAD’s free & confidential legal information line. Your LGBTQ and HIV legal rights resource!