Students | Transgender Rights | Vermont

All Vermont public school students have the right:

• 為了在學校安全而不被欺負，
• 要存取有關 LGBTQ+ 主題的資訊（包括教育網站），
• 穿著和表現方式要符合你的性別認同，
• 言論自由。這意味著你有權表達可能冒犯他人的觀點，也有權反對他人的觀點，只要你以尊重他人的方式表達即可。

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,
• 組成一個同性戀/異性戀聯盟 (GSA)，享受與其他非課程團體同等的待遇。這意味著平等的資金、設施使用權以及選擇團體名稱的權利。

在校外，您有權利：

• 在就業、住房和公共場所（如餐廳或商店）中免受基於您的實際或感知的性取向、愛滋病毒狀況或性別認同的歧視。
• 未經父母同意，自行接受 HIV 檢測。更多詳情，請參閱“HIV/AIDS”專題。
• 向警方舉報在校內或校外對您造成人身傷害、威脅您或破壞您的財產的任何人。

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)).

^號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)).

^號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 here.

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.

您可以向學校的 Title IX 協調員投訴，也可以向以下機構投訴：

民權辦公室
美國教育部
約翰·W·麥科馬克郵局及法院，222 室
郵局廣場
波士頓，馬薩諸塞州 02109

此外，某些類型的歧視和騷擾可能會侵犯學生的憲法權利。

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 公共場所 above) or other legal action.  Contact GLAD 答案 for assistance and attorney referrals.