In early June, a post was submitted on the r/TransgenderUK subreddit. In the post was a Uni student who got an offer to study at Durham University. However, as they were filling in forms for accomadation, the university had allegedly requested the student to disclose their “biological sex at birth”, and then proceeded to ask the student whether they were trans.
Understandably, the student was “uncomfortable sharing private medical information, and as a trans person, I am concerned this information would be used in discriminatory way”, stressing that they are concerned it would “force me to be housed in a single-sex accommodation with people who are not the same gender as me”.
Unfortunately, the alleged changes to forms and processes like this have been a widespread after-effect of the recent supreme court ruling, which has resulted in similar policies at other universities such as Warwick University, and according to a recent BBC article, some schools in Scotland.
We spoke to the local University and College Union Branch at Durham about the story and for their comments on the matter. They gave us this statement:
“As a union branch with a proud history of supporting trans, intersex, and non-binary colleagues and students, we were extremely concerned to learn about changes to application forms for college accommodation.
As well as gender, this form now asks students about their so-called “biological sex”. As the social media post that initially raised this issue showed, this decision has caused concern within the trans community. It is a policy which risks significant harm to students, who are effectively asked to out themselves as trans. We ask the university to recognise the harm that the inclusion of this question has caused, to correct its course, and issue an apology.
The university’s initial response was that the question is optional, and not illegal. We do not consider this an adequate response, even if it is fully correct (and we certainly have questions about the legality of the question as regards Goodwin vs United Kingdom, the GRA 2004, and GDPR). Irrespective of issues of optionality and legality, the harm caused by these questions was real, and will remain real going forward. This has not even been recognised by the university, let alone addressed.
The inclusion of this question also departs from the university’s now-absent gender identity policy. We condemn in the strongest possible terms the removal of this policy. No replacement policy or even coherent advice has yet been offered.
We are further concerned, based on comments from the Senior Change Manager (EDI) during a meeting with the Durham SU Trans Association, that the university is planning to split its single-sex spaces according so-called “biological” sex. This is a baseless position: the EHRC itself has now abandoned its contention that employers must provide single sex toilets. If such a plan were enacted, trans and cis students would find themselves segregated. We are aware of no formal guidance that justifies these changes, contrary to the University’s claim that no policy changes will occur until such guidance is available.
There has further been no meaningful consultation with the DU Staff and Postgraduate LGBTQ+ network, which was initially given just two working days to contribute to a joint sectoral response to the EHRC consultation involving a wide set of organisations and actors. This cannot be called “engagement” in the sense we were promised. The handling of the April Supreme Court judgement has been yet another embarrassment for Durham University on trans rights. Failure to take accountability on this issue continues to cause harm and distrust among current and prospective members of the Durham University community. An urgent reversal is needed before yet another transgender staff member is forced to resign.”
We have reached out to Durham university for a comment. It provided the following statements:
On the college allocations process.
We strive to be an inclusive university that welcomes all students, including those that identify as Trans, intersex, queer and non-binary and treats them with dignity and respect.
In allocating our college rooms, we ask applicants to respond to several questions, in line with the Equality Act 2010 and our privacy policy, including some optional questions on sex and identity.
This is so we may best accommodate the gender identity of all students and make effective use of the resources available.
Under no circumstances will any student be given single sex rooms or facilities that are not in keeping with the gender with which they identify.
Students who choose not to answer the optional questions on sex and identity may still complete the questionnaire and apply for accommodation.
We have received thousands of completed submissions to date, where a comparatively small number have chosen not to answer these questions.
Any Trans, intersex, queer and non-binary students who have any concerns may speak confidentially to the University’s equality, diversity and inclusion team.
We wrote to the Trans Student Association on 13 June and also wrote to Durham UCU on 19 June, in response to their letters on this matter, to explain this in detail.
On the Supreme Court / EHRC submission
Durham UCU know we are still awaiting the guidance from the EHRC following the Supreme Court ruling. We have been clear with our University community on our position.
The University responded to a letter from Durham UCU on 12 June. The University letter said, further to meetings with sector groups, the University would be making a submission to the EHRC consultation, via UUK and in partnership with UCEA, AMOSSHE and AdvanceHE and detailed our process for doing so.
This is a complex issue. The University worked at pace to produce a draft for submission to meet the deadline for UUK, who are working to an EHRC deadline of 30 June.
Since the Supreme Court ruling on 16 April, colleagues from University’s equality, diversity and inclusion (EDI) team and human resources, have consulted regularly with staff and student networks, including our Trans Student Association and the Chairs of our staff networks, including our LGBTQ+ staff network.
DUCU were advised in the 12 June letter that they, along with individuals, groups and associations, may submit their own responses to the EHRC directly.
