What to do in cases of misgendering and other forms of discrimination

Unintentional misgendering will happen, in which case, students are expected to self-correct and respect every person’s self-identification (pronouns and titles). Students can escalate deliberate misgendering to the Transformation Office in terms of the UP Anti-Discrimination Policy.

“Misgendering [refusing to address the person using their correct pronoun or name] is the most obvious form of discrimination, but requirements of compulsory cisheteronormativity can also be a form of violence,” says Pierre Brouard, Deputy Director of the University of Pretoria’s (UP) Centre for Sexualities, AIDS and Gender. “Bathroom policing, dress codes, binary residences, hate speech, transphobia and shaming can all be experienced as harmful.”

Examples of discrimination and harassment include:
  • repeatedly and intentionally misgendering someone
  • refusing to promote or the dismissal of a member of staff for reasons connected to their gender identity
  • excluding a trans person from work-related activities on the grounds of their gender identity
  • verbally or physically threatening a trans person
  • spreading malicious gossip about a trans person
  • sexual harassment of a trans person
  • disclosing the trans status of a person to others
  • refusing to allow a trans person to use single-sex facilities appropriate to their gender or forcing them to use gender-neutral facilities

UP’s Anti-discrimination Policy offers a framework with which to address “individual, structural and systemic forms of discrimination and exclusion”, and proposes forms of redress to complainants.

In terms of transgender rights, the policy aims to protect the rights of trans staff and students to dignity at work and in their studies, and “provide support and remedies where unfair discrimination, hate speech and violence are based on sexual orientation, gender identity, gender expression and intersex status”.

If you have found that your right to expressing your gender identity has been breached, first report the issue to a senior person in your department/workspace and take it up with the Transformation Office, before following the steps below, as outlined in UP’s Escalation Policy :

Academic staff and researchers:

  • Report the matter to the Head of department/school/centre/institute for resolution.
  • If the matter has not been resolved timeously, appropriately or definitively, the matter should be escalated to the dean. 
  • Escalation to a level beyond Deans for academic matters should be directed to the Vice-Principal: Academic. 
  • Escalation to the Vice-Chancellor and Principal should take place only as a last resort.
  • The decision of the Vice-Chancellor and Principal is final. 

Non-academic professional and support staff, service providers and contractors: 

  • Report the matter to the relevant line manager and thereafter to the Director of a department or Head of a division or unit. 
  • If the matter has not been resolved timeously, appropriately or definitively, the matter should be escalated to the relevant Senior Executive Member (i.e. the Vice-Principal, Chief Financial Officer, Chief Operating Officer, the Registrar).
  • Escalation to the Vice-Chancellor and Principal should take place only as a last resort.
  • The decision of the Vice-Chancellor and Principal is final.

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