Addendum 3

Section 1. Background and Rationale

In 2018, the Institutional Formation Council (IFC) convened to formally review the policy of the Ateneo de Naga University (ADNU) of not allowing college students to cross-dress, upon the request of the Supreme Student Government (SSG). Considering the importance of this concern and the complexity and controversial nature of the issue, the IFC adopted a way of proceeding that is prayerful, exhaustive, careful, and sensitive to ADNU mission and culture. In fact, the council members engaged in conversation with SSG and consulted experts from the fields of Psychology, Theology, and Philosophy to help the council members in their consideration of the issues involved. Most importantly, the IFC also devoted a significant amount of time for an Ignatian discernment session, through Spiritual Conversations, a process which allowed for individual and collective reflection and prayer, listening, and sharing on the fruits of their prayers, prior to the committee’s final deliberation and decision on the matter.

The IFC came up with 4 major recommendations and submitted these to the Council of Administrators (COA) for further review and for the approval of the University President. In summary these recommendations are (a more detailed discussion of these is contained in the IFC document submitted to COA in 2019):

1. In general, to retain the policy prohibiting cross-dressing with openness to exemptions. The recommendation for its retention is based on the belief that part of the growth in the formative years of the students in higher education is the search for one’s identity and personality and learning that while self-expression is encouraged it is also limited to an extent respectful of certain norms, values and culture, such as that of ADNU being a Catholic and Jesuit institution.

2. To establish and develop programs and services, other than the existing programs of the College Guidance Center related to gender, that will specifically address the needs and concerns of the members of the LGBT community in the college.

3. To reduce and/or avoid incidents of discrimination for the members of the LGBT community, especially in the use of comfort rooms (CRs), by gradually converting some CR’s into gender-neutral and single use comfort rooms in each of the college buildings, which means that this CR is usable by any person regardless of gender orientation.

4. To help prepare and facilitate the transition in the implementation of this revision in the policy, and to ensure a continuing appreciation of the unique contexts of the members of the LGBT community, the IFC recommends the conduct of a series of conversation and listening sessions with the college students for members of both the LGBT and non-LBGT communities, and the PTA through OSA as lead office and in collaboration with the different Formation and Student Support Offices (FSSOs) such as CGC, CMO, and the CIFP-NSTP. Similarly, as needed, the same conversation and listening sessions may be carried out with the members of the faculty and staff and administration through the IFC in collaboration with the HRMO.

In the spirit of these recommendations, for the last 3 years, positive consideration of certain requests for exemption from the usual prohibition against cross dressing were granted by the University President, with endorsement from the Office of Student Affairs upon a careful review of the contexts of the concerned students. It is important to note, however, that even before the IFC’s review of the policy, in 2019, a similar request for exemption was also granted to a transgender woman (student) who had already physically transitioned. The same principle of exemption sets precedence in assessing the requests of students in similar situations and contexts.

For the administration to establish a way of proceeding in responding to similar cases in the future, the IFC hereby recommends the following provisions containing the policy statement and implementing guidelines for granting permission to gender identity or expression-based cross-dressing for college students of Ateneo de Naga University.

Section II. Policy Statement

In the spirit of Cura Personalis, one of the core values of the Ateneo de Naga University, and guided by our shared mission to concretize God’s care for everyone, especially in our care and recognition of the presence of members of the LGBT group in the ADNU college community, the University shall grant permission to college students to dress according to one’s identified gender.

This direction to grant permission to college students to dress according to one’s identified gender affirms our belief that part of the growth in the formative years of the students in higher education is the search for one’s identity and personality and, at the same, learning to recognize and respect certain norms, values and culture, such as that of ADNU being a Catholic and Jesuit institution. As provided in the Student Handbook (Chapter 3. Section III. C., p. 13, 2018 edition), “[b]y enrolling in the Ateneo, the Atenean commits to develop attitudes and manifest behaviors consistent with the University mission and the Profile of the University Graduate.” The formative value of the policy invites the students to appreciate and learn the attitude of openness to certain limitations and that freedom in one’s choices of attire or garments is something that is not absolute. The policy helps the college students to learn that human dignity is not tied to what one wears or one’s attire, but rather to one’s being, as creatures of God.

This permission to dress according to one’s identified gender, moreover, fosters inclusivity for our community members and respects and recognizes the unique and different developmental stages of our students and we welcome them as they are, in their stage, without compromising the core values and identity of ADNU as an educational institution that is Jesuit and Catholic.

With this permission, therefore, as we care for the students, we commit to provide them with guidance and programs and services that will recognize and respect their contexts. In particular, we shall, among others, help them to discover what is good in them; assist and accompany them in their journey to discover God’s plans for them; enable them to belong to a community, like ADNU, that accepts them and their personality; and, provide them an atmosphere and space where they would feel loved and respected and where they can grow and be themselves, whoever they are at this stage of their lives.

Section III. Implementing Guidelines for Granting Permission to College Students to Dress According to One’s Identified Gender

A. General Rules and Permissions

1. In general, all enrolled college students are required to wear the prescribed uniform design for the male and female sexes. However, permission to dress according to one’s identified gender may be given based on the following grounds:

a. Transgender Transitioning, whether social or medical/surgical transitioning

b. Gender identity and expression, or one’s personal sense of identity as characterized, among others, by manner of clothing

2. Casual or occasional cross dressing shall not be allowed.

3. The granting of permission to dress according to one’s identified gender is not automatic. It requires the observance of specific procedures and submission of requirements. Only those students with approved permission issued by OSA are allowed to dress according to one’s identified gender.

4. Parents or authorized guardians should have knowledge and consent of the concerned students’ application to dress according to one’s identified gender. This consent will be reflected by affixing their signature in the personal letter of request for permission by the concerned student.

5. The permission shall be effective from the date of the approval until the duration of their college stay in the university.

6. Students who are granted the permission to dress according to one’s identified gender are still required to observe the Code of Discipline and the Implementing Rules and Guidelines of the College Uniform and Dress Code, particularly the provisions on prohibited attires during non-uniform days. They are likewise prohibited from publishing copy of their application and its approval in the internet or any social media platform.

7. For on-the-job training, internship, and other course requirements done outside the university, the uniform and dress code of the partner institution shall be observed.

B. Definition of Terms

1. Transgender Transitioning – Changing one’s gender presentation or sex characteristics to accord with one’s internal sense of gender identity. This process may include social transitioning, and/or medical/surgical transitioning (hormone therapy and sex reassignment surgery). Social transition describes the process by which a transgender adopts the name, pronouns, and gender expression, such as clothing and haircuts, that match their gender identity. (Fenway Health)

2. Casual Cross-Dressing – Unsanctioned wearing specific uniform design and non uniform attire of the opposite sex for fashion, experimentation, or other reasons unrelated to transgender transitioning and gender identity and expression.

3. Discrimination – This occurs when a person is unable to enjoy or exercise one’s human rights or other legal rights on an equal basis with others because of an unjustified distinction made in policy, law or treatment, e.g. due to one’s gender identity or gender expression.

4. Gender-Based Sexual Harassment – This is committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks. It includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, among others, which threaten one’s sense of personal space and physical safety. (Safe Spaces Act of 2019).

5. Gender Expression – This is how a person publicly presents one’s gender. This can include behavior and outward appearance such as dress, hair, make-up, body language, and voice.

6. Gender Identity – A person’s deeply felt, internal, and individual experience of gender, which may or may not correspond to the person’s physiology or designated sex at birth. (World Health Organization)

Section IV. Administration of the Policy and Guidelines

A. Structure and Process

1. The Director of the Office of Student affairs (OSA) shall approve requests to dress according to one’s identified gender and be responsible for the following tasks: a. Inform and orient the students on the policy and guidelines.

b. Receive all applications for exemption, and the requirements.

c. Verify the completeness and authenticity of the submitted exemption requirements, including the parents/guardian’s consent, and initially assess the reason/s of each application.

d. Whenever applicable, the OSA Director shall consult the Guidance Counselor on Gender Concerns of the College Guidance Center.

e. Process and forward the appeals on the application to dress according to one’s identified gender to the Executive Director of the Office of Mission and Identity (OMI).

f. Inform the applicant-students of the result of their application.

g. Issue the Exemption ID/Sticker to students with approved applications.

h. Review periodically the implementation of the policy, and, when necessary, propose appropriate revisions.

2. The Executive Director of OMI shall decide on appeals by student-applicants to dress according to one’s identified gender as processed and forwarded by the OSA Director.

3. The University President shall be the last resort for appeals, as needed.

4. When appropriate, the Executive Director of OMI, the Institutional Formation Council (IFC), and the Council of Administrators (COA), shall review proposed revisions in the policy and guidelines.

5. The security personnel and roving staff of OSA shall make it part of their duty to monitor the students’ compliance with the policy and guidelines and related university rules and regulations.

B. Procedures and Requirements

1. The application for the permit to dress according to one’s identified gender shall be filed at OSA.

2. The following requirements must be completely submitted:

a. Accomplished Application Form

b. Letter explaining the applicant’s reasons and related circumstances, signed by the student and endorsed/consented by the parent or authorized guardian

c. Photocopy of the applicant’s Matriculation Form and School ID

d. When applicable, Other Documents that may be required by OSA, such as but not limited to the following: medical certificate, proof of guardianship if the parents are unable to physically sign the consent form, proof of independence from parents, etc., depending on the applicant’s circumstances.

3. The Director of OSA shall check the completeness and authenticity of the submitted requirements, and initially assess the validity of the reason/s provided by the applicant. He/she may request additional documents or meet with the concerned student or parent, if needed.

4. After ascertaining the completeness and authenticity of the documents submitted, he/she shall decide on the application. Should there be reservations, he/she should register and explain it on the form and refer it to the Executive Director of OMI for advice.

5. For appeals, the following guidelines shall be observed:

a. In case the Director of OSA does not approve the student’s application to dress according to one’s identified gender, the concerned student may submit an appeal to the Executive Director of OMI within three (3) working days upon OSA’s notification of the disapproval.

b. Upon receipt of the appeal, the Executive Director of OMI shall review the merits of the appeal’s ground/s and make the decision within three (3) working days.

c. The OSA shall notify the student-appellant of the OMI Executive Director’s decision.

d. In case a second appeal is submitted by the student-applicant, i.e., when the appeal made to the Executive Director of OMI is disapproved, the final decision shall rest on University President.

6. The OSA Director shall inform the applicant-students of the results of their applications, and properly discuss with each of them the grounds for approval or disapproval.

7. Once the application is approved, a Permission ID/Sticker shall be issued to the student upon payment of the fee.

8. Should the student decide to cancel the exemption, the student should inform the OSA by way of writing a formal letter. The Permission ID or Sticker shall be returned to OSA.

9. Except for those requiring further verification, the processing of each application should be completed within seven (7) to fourteen (14) working days.

C. Monitoring System and Possible Violations

1. It is the duty of the security personnel, especially those assigned at the entrance gates, to visually check whether students are observing the uniform and dress code. As part of this duty, the guard on duty may request to check a student’s Permission ID/Sticker. Once the guard ascertains that the student is wearing appropriate attire, the said student shall be allowed to enter the campus. Otherwise, the guard on duty shall not allow the student to enter the campus, record the incident and report it to OSA.

2. Teachers and staff may report to OSA any uniform or dress code violations for proper investigation and, once the violation has been confirmed to be true, giving of appropriate sanctions and formative interventions by the latter.

3. Forgery of parent/guardian’s signature, and provision of untruthful information in the application letter and form shall result in the automatic disapproval of the concerned student’s application for the current semester and disqualification to apply for the same exemption for one school year or two semesters. Such act also constitutes a violation of a school policy, hence, once proven, the OSA shall mete out the appropriate sanction/s to the erring student.

4. Acts of discrimination, sexual harassment, and other offenses against students who are allowed to dress according to one’s identified gender shall not be tolerated by the school. Examples of these misdemeanors include but are not limited to the following examples:

a. Acts of discrimination

• Refusing a student who is approved to dress according to one’s identified gender to attend a class or a school-sanctioned activity, or use a school facility due to gender expression

• Rejection of a student’s application for membership in an organization due to one’s gender expression

b. Acts of sexual harassment

• Catcalling, Wolf-whistling, or Homophobic/Transphobic, misogynistic and sexist remarks/slurs

• Persistent uninvited comments or gestures on a person’s attire

• Online sexual harassment

• Other acts stated in the Safe Spaces Act of 2019

5. Incidents of any forms of discrimination and sexual harassment should be immediately reported to OSA. The OSA shall then observe due process and the procedures for adjudication and investigation of disciplinary cases as prescribed in the Code of Discipline of the College Student Handbook.

6. If the possible offense is committed by an employee, the OSA Director shall forward the complaint/concern to the employee’s immediate superior, and copy furnish the Director of Human Resources Management Office for proper handling of the case/concern.

Section V. Effectivity and Transitory Provisions

a. These policy and guidelines shall be effective upon approval of the University President starting the Second Semester of School Year 2022-2023. The OSA shall include the approved policy and guidelines in the College Student Handbook and disseminated to the students through the Gbox Email System and other official platforms of the office and the university.

b. In faithful pursuit of the IFC’s recommendations, to help prepare and facilitate the transition in the implementation of this revision in the policy, and to ensure a continuing appreciation of the unique contexts of the members of the LGBT community in ADNU, the Office of Student Affairs (OSA), together with the member units of the College Formation Committee, shall conduct a series of conversation and listening sessions with the college students for members of both the LGBT and non LBGT communities and the college Parent Teachers Association (PTA). Similarly, the same conversation and listening sessions will be carried out with the members of the faculty and staff and administration through the IFC in collaboration with the HRMO.

c. The OSA shall provide a structure for a periodic review of the policy and guidelines. Proposed revisions, if any, shall be reviewed by the Executive Director of OMI, Institutional Formation Council, Council of Administrators, and approved by the Father President.

d. Should any of the provisions of the policy and guidelines be revised or become unenforceable for any valid reasons, the remaining provisions shall continue to be fully effective.