University Times

The Rainbow Alliance, an undergraduate student organization that represents gay, lesbian, bisexual and transgender people on campus, last week filed a complaint with the Pittsburgh Commission on Human Relations alleging that Pitt policies and procedures affecting transgender students violate the city’s antidiscrimination ordinance. That ordinance, the Rainbow Alliance says, recognizes gender-identification as separate from natal sex.

A previous complaint against Pitt alleging discrimination was filed April 16 with the human relations commission by a former Pitt-Johnstown transgender student, who was born female but identifies as a male. UPJ junior Seamus Johnston was expelled in January for ignoring a directive to stop using the men’s locker room facilities unless he could produce an amended birth certificate. (See April 19 University Times.)

Both complaints are under review, according to Charles Morrison, director of the 15-member Commission on Human Relations. He declined to comment further on either complaint.

Pitt’s nondiscrimination policy (Policy 07-01-03) states that the University’s commitment to nondiscrimination is in accordance with federal, state and/or local laws and regulations. The policy applies to all Pitt campuses.

In 2008, Pitt added the term “gender identity and expression” to the policy’s list of categories for which Pitt specifically prohibits discrimination. At that time, University officials said the wording was added to conform to wording in the city’s nondiscrimination ordinance. (See Sept. 25, 2008, University Times.)

In an April 25 statement announcing the more-recent human relations commission complaint, Rainbow Alliance vice president Darren Pifer said: “In mid-March, the University of Pittsburgh publicly clarified its policy for the use of all gendered facilities on campus. This policy requires students to use facilities in accordance to the sex listed on his or her birth certificate. … The Rainbow Alliance has filed their complaint citing this incongruity from city ordinances.”

The group’s statement continues: “These procedures create an unsafe and hostile environment for transgender students, forcing them into dorms, locker rooms and, most notably, bathrooms that are incompatible with the gender with which they identify. Forcing students into these improper facilities forces them to endure the threat of discomfort, harassment, bullying and, possibly, violence.”

The University Senate anti-discriminatory policies committee, which has been examining transgender issues for more than a year, approved a resolution in January stating that birth certificate-only verification of gender identity may violate Pitt’s nondiscrimination policy.

Senate President Michael Pinsky deemed the resolution too radical to  present to Faculty Assembly for discussion. Instead, Pinsky is forming an ad hoc committee to examine Pitt’s transgender-related policies and make recommendations. (See April 5 University Times.) The complete membership of the ad hoc committee has not been determined yet, Pinsky said this week.

Regarding the Rainbow Alliance complaint, Robert Hill, vice chancellor for Public Affairs, said, “The University does not comment on pending litigation, has a policy of nondiscrimination based on gender identity and expression, and has not discriminated against anyone.”

—Peter Hart