身為 LGBTQ+ 學生,我有哪些權利?

所有康乃狄克州公立學校的學生都有權利:

  • 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。

所有康乃狄克州公立學校和許多私立學校的學生都有權利:

  • 免受基於性取向、性別認同或表達或愛滋病毒狀況的歧視或騷擾,
  • 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。

聯邦法律也保護你免受學校歧視

根據《第九條修正案》,您在公立學校或其他接受聯邦資助的學校中受到保護,免受歧視。 《第九條修正案》是一項聯邦民權法,它禁止在全國範圍內基於性別(包括性取向或性別認同)的歧視。

 

Does Connecticut have a law to protect public school students from bullying?

Yes. The law improved significantly in 2011 with the passage of Public Act 11-232, An Act Concerning the Strengthening of School Bullying Laws (Conn. Gen. Stat. sec. 10-222d). Per the law, bullying is defined as repeated written, oral, or electronic communication, or physical acts or gestures by one or more students repeatedly directed at another student, that:

  • causes the bullied student physical or emotional harm or damages their property;
  • places the bullied student in reasonable fear of being harmed;
  • creates a hostile school environment for the bullied student;
  • infringes on the bullied student’s rights or substantially disrupts the education process or the school’s orderly operation.

The law also recognizes that students who are LGBTQ+ or are perceived to be LGBTQ+ or who associate with LGBT students are often the target of bullying (Conn. Gen. Stat. sec. 10-222d(a)(1)).

Per the law, each school board must develop a “safe school climate plan” that:

  • prohibits bullying on school grounds, at a school-sponsored or school-related activity, at a school bus stop or on a school bus, through electronic means (i.e. cyberbullying)
  • prohibits discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying
  • enables students to anonymously report acts of bullying
  • enables parents to file written reports of suspected bullying
  • requires school employees who witness bullying or receive reports of bullying to report it
  • requires schools to investigate all reports of bullying and have a prevention and intervention strategy
  • requires that both the parents of the bully and the parents of the victim be notified about bullying and told about the measures the school has chosen to take in response
  • requires the school to notify the police about any acts of bullying that may constitute criminal conduct
  • requires schools to maintain a publicly available list of the number of verified bullying incidents and to report this annually to the Connecticut State Department of Education
  • requires all school employees to complete annual training on identifying, preventing and responding to bullying and to youth suicide.

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

Yes, the U.S. Supreme Court in Mahanoy Area School Dist. V. B. L. 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 . . .” 

康乃狄克州是否有學校應遵循的指導來保護跨性別學生?

是的,康乃狄克州為學區制定了有關跨性別學生和性別不符學生的權利、責任和最佳教育實踐的指導。

該指南包括以下內容:

  • 學校應該尊重跨性別學生的姓名和代名詞;
  • 學校應尊重跨性別學生的醫療資訊、曾用名等隱私;
  • 學生記錄上的姓名和性別應符合學生的性別認同;
  • 跨性別學生應該能夠使用符合其性別認同的洗手間、更衣室和更衣設施;
  • 在任何性別隔離的活動中(包括運動),跨性別學生都應該能夠以符合其性別認同的方式參與。

有關本指南的更多信息,請參閱“跨性別學生公民權利保護和支持指南”:

跨性別學生公民權利保護與支持指南 

康乃狄克州的反歧視法也保護公立學校的學生嗎?

是的,康乃狄克州《一般法規》第10-15c條禁止在公立學校的活動、計畫和課程中基於性取向、性別認同或表達以及種族、膚色、性別、宗教和國籍歧視學生。有關康涅狄格州反歧視法以及如何提交歧視投訴的更多信息,請參閱“歧視”問題專區。

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。

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 to discuss options.

Do students have the right to form 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). 

康乃狄克州是否有禁止轉化療法的法律?

是的,2017 年康乃狄克州通過了公共法案 17-5,即《關於保護青少年免受轉化療法侵害的法案》。

各州和國家醫療、心理健康和兒童福利組織均反對性傾向扭轉療法,即旨在改變個人性傾向或性別認同的療法。大量專業文獻表明,這種療法不僅無法有效改變性取向或性別認同,而且對青少年有害。接受過性傾向扭轉療法的青少年罹患憂鬱症、產生自殺念頭和自殺行為、吸食非法毒品的風險更高。

根據該法律的規定,任何從事轉化療法的執照醫療專業人員都將受到公共衛生部的紀律處分,直到吊銷其專業執照。

YOU HAVE RESOURCES

Parents’ Guide to Bullying and Harassment in Connecticut: Parents Guide to Bullying and Harassment in Connecticut

FAQ on Connecticut Non-Discrimination Laws: Guidelines for Connecticut Schools to Comply with GENDER IDENTITY AND EXPRESSION NON-DISCRIMINATION LAWS 

FAQ on Protections and Supports for Transgender Students: 

Guidance on Civil Rights Protections and Supports for Transgender Students: Frequently Asked Questions

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 

Connecticut Youth Resources: outCT YOUTH RESOURCES

Triangle Community Center: (203) 853-0600

650 West Avenue, Norwalk, CT 06850

Circle Care Center: (203) 852-9525

618 West Ave, Norwalk, CT 06850

New Haven Pride Center: (203) 387-2252

84 Orange St, New Haven, CT 06510

True Colors: Sexual Minority Youth and Family Services (860) 232-0050

30 Arbor St #201a, Hartford, CT 06106

Hartford Gay and Lesbian Health Collective: (860) 278-4163

1841 Broad St, Hartford, CT 06114

Connecticut TransAdvocacy Coalition: 860 255 8812

P.O. Box 111, Farmington, CT 06034

Trans Educational Student Resources TSER@transstudent.org

特雷弗計劃: 866-488-7386

跨性別生命線: 877-565-8860

 

GET MORE 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!

May 2022