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Non-Discrimination for Transgender People

Discrimination, Harassment and Sexual Misconduct Prevention Policy

The Lebanese American University and all its affiliates (collectively “LAU”) is committed to pursuing excellence in its academic and professional endeavors, as well as believing in the intrinsic value of all individuals. LAU fosters an atmosphere of mutual respect among all members of its community, where each individual is judged solely on criteria related to academic or job performance. LAU is committed to the elimination of all forms of discrimination, harassment and sexual misconduct on its campuses or on any other University controlled area or event.

Fundamental to LAU’s mission is the preservation and encouragement of academic freedom. Promulgating this Policy should by no means be construed as inhibiting free speech, freedom of association, or the free communication of ideas.

POLICY STATEMENT

LAU has a zero tolerance rule for acts of discrimination, harassment, and sexual misconduct. LAU is an equal opportunity employer and does not permit discrimination due to race, color, religion, creed, gender, marital status, national origin, disability, age, sexual orientation, political affiliation, pregnancy, or belief. LAU is committed to a working and learning environment where people can achieve their full potential.

This Policy:

  • Supports an environment where it is clear that discrimination, harassment, and sexual misconduct are unacceptable, thereby reducing the chance that discrimination, harassment, and sexual misconduct will occur in the first instance;
  • Applies to all LAU staff, faculty, and students in connection with their roles, duties, and responsibilities at LAU whether as an employee or a member of the student body;
  • Ensures that all visitors, including but not limited to individuals such as suppliers, service providers and guest speakers are held to LAU’s highest standards of behavior and will be held responsible for any act of discrimination, harassment, and sexual misconduct against a member or members of the LAU community;
  • Provides procedures to notify LAU of potential discrimination, harassment, and sexual misconduct so that LAU may take appropriate action to investigate and address any such prohibited actions; and
  • Prohibits retaliation against persons notifying LAU of such prohibited actions.
  • Disciplinary action may be taken to deal with actions or behavior, intentional or unintentional, which results in a violation of this policy. In general, the procedures for review of complaints and discipline for a violation of this policy are addressed in this policy and other LAU policies relating to employee and student conduct. LAU may publish additional procedures in compliance with relevant laws and regulations.

CONDUCT SUBJECT TO THIS POLICY

DISCRIMINATION

Discrimination is treatment of a person less favorably than other persons based on age, race, color, religion, creed, gender (including pregnancy), sexual orientation, marital status, nationality, disability, political affiliation or any other basis protected by applicable law.

HARASSMENT

Harassment is the making of any unwelcome advances or requests for favors or other conduct when (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, a student’s performance, or participation in any campus activity; (ii) submission to or rejection of such conduct by an individual is used as the basis for decisions related to employment, academic performance, or student activities; or (iii) such conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work, academic performance, or participation in student life by creating an intimidating, hostile, or offensive work or campus environment. Harassment may take physical, verbal, visual, or online forms.

Harassment also includes behavior that demeans, humiliates, or embarrasses a person based on race, national or ethnic origin, color, religion, age, gender, marital status, family status, disability, or sexual orientation, and that a reasonable person should have known would be unwelcome. It includes actions such as touching and pushing, comments such as jokes and name-calling, displays such as posters and cartoons and disrespectful behavior commonly known as ‘personal’ harassment, such as making fun of personal circumstances or appearance, bullying (includes unmerited criticism, isolation, gossip, physical violence or violent gestures, public humiliation, or behavior that is intimidating or demeaning), and stalking.

SEXUAL MISCONDUCT

Sexual misconduct is any form of Sexual Assault connected with forced sexual contact, including but not limited to rape. Force can be physical or emotional (there are four types of force: physical, threat, intimidation, coercion). Sexual Assault consists of Sexual Contact and/or Sexual Intercourse that occurs without Affirmative Consent. Sexual Contact is any intentional sexual touching, however slight with any object or body part performed by a person upon another person. Sexual Intercourse is any penetration, however slight with any object or body part performed by a person upon another person and is considered Rape if the action is taken without the affirmative consent of the other individual(s).

Affirmative Consent must be informed (knowing), voluntary (freely given), and active (not passive), meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity (contact or intercourse). Affirmative Consent cannot be gained by taking advantage of the incapacitation of another individual, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity.

Affirmative Consent cannot be obtained by force. Force includes (a) the use of physical violence, (b) threats, (c) intimidation, and/or (d) coercion. Physical violence means that a person is exerting control over another person through the use of physical force. Examples of physical violence include hitting, punching, slapping, kicking, restraining, choking, and brandishing or using any weapon. Threats are words or actions that would compel a reasonable person to engage in unwanted activity. Examples include threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm. Intimidation is an implied threat that menaces or causes reasonable fear in another individual, including the stalking of another individual. Coercion is the use of an unreasonable amount of pressure to gain access to something or someone. Coercion is more than an effort to convince, lure, or attract another person to have sex. When an individual is clear that they do not want to participate in a particular form of Sexual Contact or Sexual Intercourse, that they want to stop, or that they do not want to go beyond a certain sexual interaction, continued pressure can be coercive. Factors that may indicate coercion include the frequency, intensity and duration of the application of the pressure and the degree of isolation of the person being pressured.

RETALIATION

LAU prohibits retaliation against any individual because he or she in good faith reports alleged incidents of discrimination, harassment or sexual misconduct, pursues a discrimination, harassment or sexual misconduct claim, or cooperates or participates in an investigation of such reports. Discipline, reprisal, intimidation, or other forms of retaliation in such situations is a serious violation of this policy and may result in disciplinary action, up to and including termination of employment or expulsion from the university.

RESPONSIBILITIES

All staff, faculty and students:

  • Must attend education programs provided by LAU relating to discrimination, harassment, and sexual misconduct.
  • Can prevent discrimination, harassment, and sexual misconduct by being sensitive to the reactions and needs of others, and ensuring that their conduct does not cause offence;
  • Can discourage discrimination, harassment, and sexual misconduct by others through making it clear that such conduct is unacceptable.
  • LAU is responsible for:
  • Providing an environment where it is clear that discrimination, harassment, and sexual misconduct are not acceptable;
  • Taking action when it has clear notice that discrimination, harassment, or sexual misconduct has taken or is taking place to stop the conduct, prevent its recurrence, and remedy its effects.
  • Ensuring that deans and chairpersons, vice presidents, and directors are aware of their responsibilities under this policy, including trying to prevent or to report violations of this policy.

REPORTING ACTS OF DISCRIMINATION, HARASSMENT OR SEXUAL MISCONDUCT

Any LAU staff, faculty or student who believes in good faith that he/she or someone else at LAU has been a victim of discrimination, harassment or any form of sexual misconduct should promptly notify LAU through one of the methods set out below. Notices should provide information as to the conduct, where it occurred and persons involved and, if reporting is not by the victim should explain how the person reporting has knowledge of the conduct. LAU will review such notice, initiate an investigation and take any measures, adjudicatory or otherwise, it determines appropriate in response to the notice. Further, LAU may advise certain staff and faculty with oversight of student well-being that their duties include a requirement to report instances of sexual misconduct relating to students promptly upon receiving such information.

The right to confidentiality shall be strictly adhered to at all stages, in so far as it does not interfere with LAU’s legal obligation to investigate the allegations presented and to take the proper corrective action.

A failure to provide prompt notification or the reporting of information anonymously may hinder LAU’s ability to act on the conduct for which a complaint is made.

PROCEDURES AND RESOLUTION OF COMPLAINTS

The following steps should be taken when filing a complaint:

When a student, a staff member, or a faculty member faces any form of harassment, s/he should notify (orally or in writing) the Title IX Office at TitleIX@lau.edu.lb or by phone at 01.786.456, ext. 1303.

Anonymous Reporting: Anyone can make an anonymous report of conduct prohibited under this Policy by contacting the Compliance Hotline at 01.786.456 ext. 4444.

In case of a health or safety emergency, students, staff and faculty should contact 01.786.456 ext.1500 on the Beirut campus or 09.547.262 ext. 2500 on the Byblos campus to address the emergency and reports under this policy should be made later.

When a complaint is submitted, LAU may request a statement in writing signed by the complainant in order to proceed with further inquiry, particularly in matters relating to employment.

Depending on the type of conduct and the persons affected, the complaint may be referred to an existing LAU procedure for resolution such as the Grievance Policy or the Student Code of Conduct. Further, LAU may establish new procedures as necessary and, if needed, to comply with the U.S. Department of Education requirements, in order to investigate the claim.

LAU will promptly investigate all complaints. Thereafter, upon the President’s request, the Title IX Coordinator, will manage all complaints that warrant investigation. The President can consider engaging other university units as necessary and in keeping with this Policy. If the Title IX Coordinator determines that the complaint is credible, he/she shall notify the Office of the General Counsel and will work closely with it during the consideration and investigation of the complaint. Furthermore, the Office of the General Counsel provides advice and direction on the legal aspects of Title IX-related investigations and potential prosecutions. The Office of the General Counsel will conduct Title IX investigations involving an employee or employees of the Title IX Office.

If LAU determines that the claim is substantiated, LAU will institute disciplinary proceedings against the offending party, which may result in a range of sanctions up to and including termination of University employment or expulsion.

If LAU determines that the complaint was unsubstantiated, the University will take no corrective action.

The formal University decision shall be communicated to all involved parties as approved by the President. Appeals by either party may be initiated as per the applicable LAU policies.

TRAINING AND EDUCATION

Leadership, education, training, awareness, and intervention are essential in preventing and eliminating acts of discrimination, harassment, and sexual misconduct. It is the responsibility of every member of the LAU community to attend the training and awareness sessions required by LAU.

Effective Date

The foregoing Discrimination, Harassment and Sexual Misconduct Prevention Policy of the Lebanese American University was amended by the Board of Trustees on September 6, 2019 and is effective as of September 6, 2019. This Policy was originally effective as of June 7, 2003, and was previously amended on March 9 & 10, 2006; March 15 & 16, 2013; and on September 7 & 8, 2017.

Title IX at LAU

LAU has a no-tolerance policy for gender discrimination, sexual harassment and sexual assault. Title IX actively supports a campus environment where gender discrimination and sexual harassment are not tolerated. Committed to a working and learning environment where people can achieve their full potential, Title IX works to spread awareness about benefits of equity, diversity and inclusion for individuals and the entire community.

The Title IX Office at LAU provides information, confidential discussion, training/awareness materials, and networking regarding eliminating gender discrimination and sexual harassment or misconduct for the LAU community.

About Title IX - Equity and Inclusion at LAU

What is Title IX?

Title IX is a 1972 education amendment to the American Civil Rights law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The main goal of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices.

Title IX applies to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. Title IX seeks to ensure that there is equal access to education regardless of gender. Over time, this has come to be understood as not only prohibiting discrimination, harassment and sexual assault at educational institutions but also working to address long-term structural inequalities and obstacles hindering education progress.

Who and What are included?

While Title IX has a particular focus on students, it also includes all individuals who work for educational institutions. All employees (staff, faculty, etc.) are protected by and responsible for implementing Title IX.

Title IX also applies to the physical space of the institution. All visitors to schools, college and university campuses must also adhere to Title IX. In other words, all gender discrimination and harassment are prohibited at educational institutions that receive US Federal Government funding.

Why does LAU adhere to Title IX?

LAU is both a Lebanese and an American university. It is registered by both governments and seeks to comply with all applicable laws. LAU also receives research funding, scholarships and other grants from the US Federal Government.

Beyond compliance, LAU’s mission and values highlight the importance to “respect human dignity, promote gender equality, and be inclusive” and LAU is rooted in the core liberal arts beliefs that all individuals who seek to study and work to the best of their abilities should have the opportunity to do so. In addition, individuals are unique with unique capabilities and interests—this diversity makes LAU richer and better able to live up to its vision. Committing to implementing Title IX helps LAU to:

  • Provide access to a superior education for diverse undergraduate and graduate students and lifelong learners;
  • Attract and retain distinguished faculty who excel in teaching, research and community service;
  • Enroll and retain academically qualified and diverse students;
  • Embrace liberal arts in all curricula;
  • Create opportunities for rigorous research and the dissemination of knowledge;
  • Develop a close-knit community that excels academically, is intellectually stimulating, and is religiously, ethnically and socio-economically diverse;
  • Attract and retain a highly qualified staff committed to excellence in service.

LAU’s Title IX Office focuses on five components to comply with Title IX regulations:

Compliance: It seeks to ensure LAU is compliant with Title IX policies and procedures of the Department of Education and US Federal Law.

Policy Recommendations: The Title IX Office reviews and makes recommendations for revision of LAU policies and procedures to better meet the requirements of Title IX—eliminating discrimination, harassment, and sexual misconduct.

Advocacy and Support for Equity & Inclusion: the Office seeks to provide advocacy and support for greater equity and inclusion at LAU through participating in university committees, meeting with and participating in club activities, and keeping an active communications campaign on campus, among other means.

Training: The Title IX Office is responsible for providing on-going training for students, staff, and faculty regarding rights and responsibilities of gender equity and inclusion and the prohibition of discrimination, harassment, and sexual misconduct.

Complaints Management: The Office is the main office receiving and participating in investigations of complaints of gender discrimination, harassment, and sexual misconduct.

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“Shabaket el Meem”: LGBTQ Youth Support Platform

In 2018, The AiW began working on a new project with a funding from the Embassy of Netherlands in Lebanon that aims to promote issues related to the LGBTQ community in Lebanon. The project focuses on the dearth of reliable information and support available to the LGBTQ community, and strives to promote a strong civil society network of organizations and actors that can fill this gap. The AiW, together with a number of local subject-matter experts, produced an online platform “Shabaket el Meem” for LGBTQ youth in Lebanon that features short animations, a podcast series, a Q&A section, and a glossary with LGBTQ terms in English and Arabic. The platform also includes a map where visitors can share their own experiences.

Visit www.shabaketelmeem.com for more information and follow them on Instagram (@shabaketelmeem) and on Facebook (Shabaket el Meem).

TLS Students Draw Affirmative Actions for LGBTQ+ Communities in the Labor Force

Among the long list of Gender Equality issues TLS students Taline Abou Jaoude, Rouba Zouhairy, Tala Alayli, George Mouawad, and Jean Ghawche chose to address the most challenging taboo: LGBTQ and Capitalism Trans people in the Lebanese Labor Force.

The team’s research paper aims at depicting the struggle trans people and the LGBTQ+ community endure in the face of a country that is still intolerant legally and socially towards them and linking the root of the problem to the country’s economic system-capitalism.

Rolling out with the project was not an easy task. Given the sensitivity of the topic, the team encountered restrictions in information and data gathering due to the limited number of research centers and NGOs that discuss LGBTQ+ people in Lebanon, specifically trans people in the Lebanese Labor force. Still, the team based their study on solid ground: firstly they drew a road map with the help of their faculty advisor, then they gathered data from different sources: LAU online database, UN sources, testimonies, case studies, and interviews that led to a comprehensive succinct research paper and allowed the team to draw initial solutions to the problem.

Gender equality is not about men, it is not about women, it is about equality and human rights. MEPI TLS students read, listened, and discussed many controversial topics to include the perceptions, acceptance, and respect of all sexual orientations to include the rights of the LGBTQ+ community. NO doubt, some conversations were tense raveling the deep-seated cultural stigmas.  Irrespective, with the unwavering support of the faculty, TLS students Taline, Rouba, Tala, George, and Jean decided to challenge taboos and to underscore the complexity of tackling discrimination against this community.  What gave their research a special niche is their focus on capitalism representing the exploitation and marginalization of the LGBTQ+ community.   Accordingly, they offered incremental policy recommendations to promote equality and human rights.  In addition to the spring courses, workshops, and webinars will also add knowledge and skills, which students can use to become empowered future leaders.

« The experience we had in the TLS program was unique. Since we all come from different backgrounds, socially and academically, the opportunity to be a part of this program was extremely beneficial on so many different levels. Some of us would not have had the chance to explore these topics and fields in our respective majors, thus, steering away from that and engaging in something we all are very passionate about and hold as a moral value everyone should be enlightened on was refreshing. »

Working with LGBTIQ+ Persons in Forced Displacement: Narratives from Afghanistan and Lebanon

Dr. Jasmin Lilian Diab, Director of the Institute for Migration Studies, LAU
Dr. Jennifer Skulte-Ouaiss, Director of the Title IX Office, LAU
Dr. Charbel Maydaa, Advisory Board Member and Alternate Co-chair, ILGA Asia
Bechara Samneh, Advisory Board Member and Youth Program Coordinator, MOSAIC

Overview: Gender Identity in Displacement

In situations of forced and protracted displacement, individuals who identify as members of the LGBTIQ+ community not only have the same basic needs, and face the same challenges as other displaced persons, but they additionally encounter other forms of discrimination and human rights violations. Moreover, refugees and IDPs from the community encounter distinct protection risks associated with their real or perceived sexual orientation, gender identity, expression and/or sex characteristics (SOGIESC) – particularly when they do not conform to prevailing socio-cultural norms and practices.

Exclusion, violence, exploitation, stigmatization, discrimination, and abuse in countries of origin drive many members of the LGBTIQ+ into situations of forced displacement (internally and/or across borders). For members of the community, these challenges often persist in countries of asylum/host countries, as they are frequently excluded from traditional lines of aid, assistance and support afforded to displaced communities. They may additionally continue to endure marginalization and abuse. Although members of the LGBTIQ+ community may seek protection/refuge for reasons that are directly, indirectly or unrelated to their SOGIESC, they remain at heightened risk of exclusion, exploitation and violence throughout the entire displacement cycle. They encounter multiple obstacles to accessing tailored/targeted humanitarian assistance, appropriate health care services (particularly for trans persons), and gender-based violence (GBV) services as well as education and livelihood opportunities. Challenges are especially acute for persons whose affirmed gender identity does not match their official identity documents. Moreover, in countries such as Lebanon and Afghanistan, where protection for refugees (and particularly LGBTIQ+ persons) is limited, reports of harassment from security forces and arbitrary detention are rampant.

ILGA Asia in Afghanistan: Gender Identity in Transitioning and Protracted Crisis

Prior to the Taliban rule, the situation as described the 2017 US State Department report mentioned the acts of violence, discrimination, and other abuses based on sexual orientation and gender identity that the LGBTIQ+ community in Afghanistan faced. This was done under the protection of a law that criminalizes consensual same-sex sexual conduct, and does not prohibit discrimination or harassment based on sexual orientation or gender identity.  In 2020, the U.S. State Department reported that the LGBTIQ+ “continued to face arrest by security forces” that “homosexuality was widely seen as taboo and indecent”,  This also affect the service provision whereby LGBTI rights organizations could not legally incorporate and therefore “remained underground.” The government only permits condom distribution to married couples, and there is stigma against people living with HIV.  With the Taliban takeover of Afghanistan, ILGA Asia established its Afghanistan Special Program to assist LGBTIQ+ Afghans living in fear and life-threatening conditions, and provide them with needed emergency evacuation. Since then, ILGA Asia has been working with international partners to coordinate possible evacuation and exit routes for Afghan women and LGBTIQ+ activists through ensuring a safe passage out of Afghanistan and neighboring countries. However, many LGBTIQ+ people remain in the country, waiting for opportunities to find safety before they are persecuted and killed. Their condition worsens by the day with the numerous human rights infringements that ILGA Asia has documented.  The Taliban has been clear on its policy of non-tolerance against LGBTIQ+ Afghans. Individuals who are identified as LGTBQI+ by the Taliban are subjected to various forms of physical abuse.  Incidents of threats, harassment, beating, stabbing, arbitrary kidnapping and detention, random disappearances, as well as shootings and killings have been reported.  In addition, due to the fear from the Taliban, reports of families pressuring their LGBTIQ+ members to either flee from home, or coerce them into arranged heterosexual marriages have also been reported - pushing the individuals to run away without any safe shelter to turn to. 

All of this has had a major impact on the psychological well-being of the LGBTIQ+ community. This is seen in the increasing rates of depression, anxiety, PTSD, and suicide attempts among a lack of access to psychosocial therapy services. In addition to all the aforementioned, LGBTIQ+ individuals remain some of the most economically vulnerable amidst rising inflation.  With many afraid to leave their homes for work, others who have already been fired or are facing threats because of the nature of their work, LGBTIQ+ members remain subject to blackmail, extortion, and threats about being outed to the Taliban.  Rapidly escalating black market prices for legal documents such as visas and passports further adds to already significant challenges, making the likelihood of an LGBTIQ+ person being able to move to a safe country almost impossible from a financial perspective.  The situation calls for special international attention for catered solutions, because without them the LGBTIQ+ community remains one of the most vulnerable in transitioning and protracted crisis scenarios globally.  

MOSAIC in Lebanon: Gender Identity amid “Other” Priorities

In Lebanon, sexual diversity phobia and social oppression are still vastly widespread due to cultural prejudices. LGBTIQ+ persons still face discrimination based on their sexual orientation, gender identities/expressions, and sex characteristics (SOGIESC) in all aspects of their lives. The Lebanese penal code (article 534) still penalizes same sex relationships, complete sex reassignment and sterility. Additionally, LGBTIQ+ persons still face rejection when seeking employment opportunities, housing or education which may lead to socio-economic hardships. Thus, many LGBTIQ+ persons in Lebanon avoid seeking services altogether which may negatively impact their health and wellbeing.  In partnership with the Gender, Justice and Security Hub at LSE, MOSAIC conducted a one of a kind regional research project that examined the direct and indirect impacts of conflict and displacement in the context of the Syrian Civil War on persons of diverse sexual SOGIESC, both in Syria and in neighbouring countries, in particular Lebanon and, to a lesser extent, Turkey.  The research findings highlighted the significant threat of harassment and abuse by state authorities, whether Syrian, Turkish or Lebanese. The research also highlights the prevailing gender normative policing that the region exhibits through acts of pressuring men to appear ‘hard’ and avoid any sign of ‘softness’ or ‘effeminacy’, including for example showing emotions towards children in one’s family. In Lebanon, persons of diverse SOGIESC are discriminated against especially if they are refugees. This can even be seen within the diverse SOGIESC community itself, where misogyny, lesbophobic, transphobic, or xenophobic sentiments exist.  However, the availability of an LGBTIQ+ safe civil space with the services and support somewhat protects the community. 

The study also explores the impacts of COVID-19, the economic crisis, and the aftermath of the August 2020 Beirut port explosion that have pushed many persons of diverse SOGIESC further to the margins of society.  The research findings echoed and reiterated many of the broader issues raised by literature on diverse SOGIESC in situations of conflict and displacement, such as the multiplicity of forms and perpetrators of violence, abuse and discrimination; the violent policing of gender norms and expressions by armed actors and civilians; and the importance of support networks. In addition to the aforementioned, the negative mental health impacts of incessant abuse and marginalization also form central themes in the everyday lives of IDPs of diverse SOGIESC in Lebanon, Syria, and Turkey.

Concluding Remarks

Despite progress to improve the protection of people with diverse SOGIESC and in the areas of gender responsive resettlement, discrimination against the community remains endemic, and their protection needs often go unmet. An evident gap remains regarding the specific vulnerabilities of people with diverse SOGIESC in countries of origin, transit, migration and asylum. Furthermore, not all stakeholders are aware of their own preconceptions or discriminatory attitudes about sexual orientation, gender identity, gender expression and bodily diversity.

International efforts by UN agencies and international humanitarian organizations still lack adequate and targeted consultations with staff, operational partners and LGBTIQ+ people of concern. Guidelines and strategic messaging, coupled with the mainstreaming of LGBTIQ+ issues in mandatory learning programs, policy directives and humanitarian responses remains poorly targeted and insufficient. The research described here is a first step toward addressing the human rights needs of the SOGIESC communities in Afghanistan, and among Syrian IDPs and refugees who remain in the region. Knowledge must now be coupled with targeted training as well as awareness raising. While these communities are some of the most vulnerable in these two violent contexts, individual and group agency should not be ignored, especially as NGO and IO practitioners and government representatives seek to improve programming and interaction with the LGBTIQ+/SOGIESC community more specifically.