‘Draft’ Trans Inclusion guidance had been approved by University executives, new documents reveal

An updated version of Warwick’s Trans Inclusion Code of Conduct, which according to the University was a draft initially published in “error”, had already been approved by the University Executive Board (UEB), The Boar can reveal.

Documents seen by The Boar confirm that the decision was approved in correspondence on 6 May, before being formally reported to the UEB on 12 May.

The policy, which was updated in light of the Supreme Court’s ruling over the legal definition of a ‘woman’ in the Equality Act, stated that transgender students and staff would no longer be allowed to use toilet facilities of the gender with which they identify.

Under the new guidance, they would have instead had to use facilities “identified as those for the trans person’s sex assigned at birth”, or gender-neutral facilities – which are not available in some buildings on campus. 

An extract from the minutes of a [University Executive Board] meeting seen by The Boar confirms […] that the policy had actually been approved days earlier

Following the critical reaction towards the policy by students and staff, the University removed the document from their website on 13 May after only a day. A spokesperson for the University later told PinkNews that the policy was a draft version which had been uploaded to its website in “error”. 

An extract from the minutes of a UEB meeting seen by The Boar confirms, however, that the policy had actually been approved days earlier and reported to the UEB on the day that the policy was made available online (12 May).

While it is not clear whether pressure from students and staff prompted the policy to later be removed from the University’s website, correspondence seen by The Boar shows that the University was aware of formal complaints, as well as external pressure from union members and the Trans at Warwick group. 

An email thread seen by The Boar describes how complaints about the policy were lodged to the University’s Report + Support scheme over the weekend of 10–11 May, indicating that some individuals were already aware of the UEB’s decision prior to its appearance on the website. 

16 individuals, including staff, and students at both undergraduate and postgraduate level, submitted formal complaints to the University, claiming that the policy was in contravention of both the Equality Act 2010 and the Human Rights Act 1998.

The [16 complainants] sought an ‘immediate suspension of the discriminatory rule’ and ‘assurance that any future changes will be co-designed with trans representatives and subject to open consultation’

The complainants expressed dissatisfaction with the updated policy, claiming that it constituted “harassment and hostile environment”, “indirect discrimination”, and a “human rights breach”. They also added that the policy was seemingly in conflict with existing policies, such as the University’s Dignity Principles. 

The group of staff and students sought an “immediate suspension of the discriminatory rule” and “assurance that any future changes will be co-designed with trans representatives and subject to open consultation”. 

The University then retracted the policy the day after it went live, and replaced it with a statement to say that the policy remained “under review”.

It is unclear whether this was the result of internal pressure from staff and students.

Even prior to the April Supreme Court ruling, in email correspondence from 27 March, a staff member explained that “updated content” had been prepared for the Guide to Being Trans at Warwick, in order to bring it “into alignment with the University’s new trans policy”.

The Boar cannot confirm what changes were made to the policy at this earlier stage, but the staff member was responding to a colleague’s email which made reference to the Office for Students (OfS)’ University of Sussex ruling.

The University was […] aware as early as 27 March of concerns raised by colleagues and students over ‘limitations on challenging transphobia and supporting the development of trans-inclusive practice’

Two days earlier, on 25 March, the University of Sussex was issued a £585,000 fine by the OfS for failing to uphold freedom of speech, following a three-year investigation by the higher education regulator.

Pressure on Sussex’s Prof Kathleen Stock over her gender-critical views had brought on her resignation in 2021, which the OfS judged to have been a failure of freedom of speech by the institution. 

The communication between the Warwick staff members in March, under the subject ‘Queering the University webpages’, also confirms that several webpages, the contents of which The Boar is unaware of, had been temporarily “taken down […] following the OfS Sussex ruling”, with one staff member citing the aim of the review as “to ensure we are compliant”. 

The University was consequently aware as early as 27 March of concerns raised by colleagues and students over “limitations on challenging transphobia and supporting the development of trans-inclusive practice within the limitations/current context” in light of the Sussex ruling.

Following the 12 May policy change and 13 May reversal, trade union representatives met with the University on 19 May, calling for an official statement responding to a “suggestion that the University chose to publish the code intentionally and are only now back-tracking in response to the feedback received”.

Only one clause now remains in reference to access to facilities for transgender people, which outlines the University’s commitment to provide gender-neutral facilities in all new buildings

A working group made up of staff and students was later set up by the University to review the retracted policy further. A revised version of the policy was then published in June, with most references to facility use removed.

Only one clause now remains in reference to access to facilities for transgender people, which outlines the University’s commitment to provide gender-neutral facilities in all new buildings. 

The current policy makes no reference, however, to which toilet facilities can be used by transgender staff and students. 

Warwick Trans* Soc has previously expressed its concern over trans people being forced to use gender-neutral facilities, saying that they are “sparse on campus”. 

Students and staff who have been affected by the University’s updated policies can seek support and guidance from Trans* Soc, who have provided a Linktree with resources. Other services like TransActual, TransUnite, Coventry Trans Pride, and Mermaids can also help to support those in the transgender community who have been affected.

The University declined to comment when approached by The Boar.