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April 19, 2012

Trans ex-student files discrimination complaint

A transgendered former student who was expelled from Pitt-Johnstown in January filed a complaint this week against Pitt with the Pittsburgh Commission on Human Relations, alleging discrimination by several University administrators.

The move is the latest development in an ongoing debate over how Pitt’s nondiscrimination policy applies to transgendered individuals’ access to gender-specific University facilities. (See Jan. 26 University Times.)

UPJ junior Seamus Johnston was arrested by campus police in November and cited for ignoring a directive to discontinue using the men’s locker room facilities. Johnston, who was born female but identifies as a male and has been taking hormone treatments for several months, continued to use the men’s locker room, while refusing to use the private accommodations offered by UPJ officials.

Pitt-Johnstown officials said that for him to use a male-designated facility, Johnston would have to produce an amended birth certificate.

In a student conduct hearing in January, a judicial board found Johnston guilty of exhibiting disorderly, lewd or indecent behavior; failing to comply with lawful directions of a University official, and entering University facilities without authorization. He was expelled as a result of that ruling.

He also faces misdemeanor charges of defiant trespass, disorderly conduct and indecent exposure, which were filed by Pitt-Johnstown police. A May 31 trial date on those charges is scheduled in Cambria County.

In his discrimination complaint filed April 16 with the Commission on Human Relations, Johnston alleges that Pitt violated the city ordinance governing discrimination on the basis of sex and handicap.

“I have been diagnosed by health care professionals to have gender identity disorder,” a condition that qualifies him for disability status, Johnston told the University Times.

The complaint names Chancellor Mark A. Nordenberg, Provost Patricia E. Beeson, Executive Vice Chancellor and General Counsel Jerome Cochran and Pitt attorney Ted Fritz.

“I have two goals in filing this complaint,” Johnston said. “First, I’m hoping the Human Relations Commission will be able to put enough pressure on the University that they change this ridiculous policy and that every other trans person going to Pitt is treated decently,” he said. “And the second reason is I hope the pressure is enough to get them to drop the criminal charges against me.”

He said that he also is seeking reinstatement to Pitt-Johnstown.

Pitt Public Affairs spokespersons did not respond to a request for comment.

Charles Morrison, director of the 15-member Commission on Human Relations, confirmed the complaint filing alleges discrimination on sex and handicapped status. He also confirmed the names of the four individuals cited in the complaint, but declined to discuss other details.

“The University is being served with the complaint and it has 30 days to respond, although it can request an extension. Then the filer has 30 days to rebut the response,” Morrison said.

“I want to stress that the commission first works to find solutions to disputes. But if a resolution is not reached and the facts warrant it, the commission could vote to hold a public hearing on the matter.”

—Peter Hart


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