University of Warwick called out over changes to Trans Inclusion Code of Conduct policy

Students at the University of Warwick have voiced their concerns after a Trans Inclusion Code of Conduct policy was updated; guiding transgender undergraduates and staff to use either gender-neutral toilets or those consistent with their sex at birth. This policy is now reportedly “under review”.

Shared on Reddit, the policy reportedly declared that trans people “may use facilities – such as toilets and changing rooms – that are (1) identified as those for the trans person’s sex assigned at birth, or (2) that are identified as gender neutral”.

It went on to say transgender people could “not use single-sex spaces identified as being for the gender that is not their sex assigned at birth”.

Their change in policy comes after the UK Supreme Court ruling which stated that a woman under the 2010 Equality Act, refers only to “biological women”. Following the ruling, the EHRC released ‘interim guidance’, stating that trans people “should not be permitted to use” facilities that fit their gender but rather their assigned sex at birth, continuing that under some circumstances they would not be able to use those facilities either. This guidance, however, is non-statutory, and cannot be legally enforced. It also states that “trans people should not be put in a position where there are no facilities for them to use”.

In response to the revised ‘Trans Inclusion Code of Conduct’, Warwick Trans+ Society released a statement explaining: “We believe that this new “Code of Conduct” (“the Code”) is, among other things, hateful, possibly unlawful, and certainly feeds into the genocidal rhetoric against trans people.

“The primary change in the Code is that trans people are no longer permitted to use facilities that align with their affirmed gender or legal sex, where that is different to their sex as assigned at birth. Trans people must now use either gender-neutral spaces or those which align with their sex as assigned at birth.

“This undoubtedly puts trans people in a situation where they are only able to safely use the gender-neutral facilities, which are sparse on campus.

“Another key question is that of enforcement. We have seen evidence that the University plans to ask that people either confront those who they “consider” to be using the “wrong” facilities or report them via Report and Support. Directing people to deliberately try to “clock” and, potentially, “out” trans people is not only grossly inhumane, but also possibly unlawful under both the Equality Act 2010 and Human Rights Act 1998.

“In terms of the Code’s introduction, it purports to “[set] out guidance to support trans staff and students during their time at Warwick” as well as affirming the University’s “approach to providing a safe and inclusive environment for the trans community”. This is clearly in contradiction to the Code’s actual content, which not only makes campus less safe for trans people but also opens the door to transphobia.”

The full statement can be read online.

The University of Warwick have since apologised for the “pain and upset” caused by the updated policy which they tell PinkNews was published in “error” and has since been taken down while they continue to review the policy.

“In light of the Equality and Human Rights Commission’s interim guidance and legal developments, we are continuing to review our policy,” a spokesperson for Warwick University explained.