Gay Games Gender Policy

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(The Gender Centre advise that this article may not be current and as such certain content, including but not limited to persons, contact details and dates may not apply. Where legal authority or medical related matters are cited, responsibility lies with the reader to obtain the most current relevant legal authority and/or medical publication.)

Gay Games Contacts

As staff and committee membership may change. Please contact the Gay Games office for the officer responsible for the Sydney 2002 Gay Games VI Gender Policy on Phone (612) 9235 7000.

Sydney 2002 Gay Games also has the following relevant committees or working groups: Indigenous National Advisory Committee; Sydney 2002 Gay Games Women's Advisory Group; and, Moana Pacifika (Sydney 2002 Gay Games Pacific Islands Advisory Group)

External Contacts

Transgender issues:

The Gender Centre
PO Box 266, Petersham, NSW, Australia, 2049.
Phone: (612) 9569 2366; Fax: (612) 9569 1176
Email: gendercentre@bigpond.com  Web: http://www.gendercentre.org.au/

Intersex issues
Androgen Insensitivity Syndrome (AIS) Support Group Australia
PO Box 1089, Altona Meadows, Victoria, 3028
Phone: (613) 9315 8809
Email: aissg@iprimus.com.au  Web: http://www.zicnet.net.au/~aissg

Australian Sports Commission, Participation Division:
Phone: (612) 6214 1960; Fax: (612) 6214 1640
Web: http://www.ausport.gov.au/

New South Wales Department of Sport and Recreation, Community Participation Unit
Locked Bag 1422, Concord West DC, NSW 2318 Australia
Phone: (612) 9006 3833; Fax: (612) 9006 3884
Email: ClientServicesCentre@dsr.nsw.gov.au  Web: http://www.dsr.nsw.gov.au/

Anti-Discrimination Board of New South Wales
PO Box A2122, Sydney South, NSW, Australia, 1235
Phone: (612) 9318 5444 Fax: (612) 9310 2235
Web http://www.lawlink.nsw.gov.au/adb.nsf/

Australian Human Rights and Equal Opportunity Commission, National Office
GPO Box 5218 Sydney NSW Australia 1042
Phone: (612) 9284 9600; Fax: (612) 9284 9611; Freecall (within Australia) 1800 021 199; Complaints Infoline 1300 656 419; TTY: 1800 620 241
Web: http://www.hreoc.gov.au/

National Sports Dispute Centre:
233 Macquarie St., Sydney, NSW, Australia, 2000
Phone: (612) 9223 1044; Fax: (612) 9221 4746

Resources and Guides

Australian Sports Commission (1998) Harassment Free Sport: guidelines for sport and recreation organizations; and, (2000) Harassment Free Sport: guidelines to address homophobia and sexuality discrimination in sport

Sydney 2002 Gay Games VI (2002) Harassment and Discrimination in the Workplace; and Sydney 2002 Gay Games VI Anti Doping Policy.

Contents of this policy

Dedication

Purpose

Equity and Diversity

Consultation

Gender

Australian & NSW Law and Equal Opportunity

Accreditation

Performance Records, Sanctioned Events and Safety

Drug Testing

Grievances and Appeals

Privacy and Confidentiality

Date of Adoption

1. Purpose

The Sydney 2002 Gay Games Gender Policy outlines the policy framework in which the Gay Games principles of Inclusion, Participation and Personal Best will be upheld in relation to Gender.

The Gender Policy also governs the basis on which gender accreditation decisions will be made for participation in Sydney 2002 Gay Games sports, and provides guidance where a person carries a passport or birth documents that describe the person as being of a gender other than the one with which the person identifies.

Persons in this situation will have to seek accreditation from the Sydney 2002 Gay Games to participate in sports as their chosen or self-identified gender identity. Sydney 2002 Gay Games officials are bound to use this policy and the criteria provided, when accrediting transgender and intersex persons who carry passports or birth documents which do not agree with their chosen or self-identified gender.

Accordingly, this policy addresses: equity and diversity; consultation; gender; transgender; intersex conditions; Australian and NSW Law and Equal Opportunity; accreditation criteria; performance records and sanctioned events; drug testing; grievances and appeals; and privacy and confidentiality.

2. Equity and Diversity

Statement adopted by Sydney 2002 Board: 12 September 2001 Revised: 8 June 2002

Sydney 2002 Gay Games VI affirms the Gay Games principle of inclusion regardless of people's sexual orientation, age, gender, race, religion, nationality, ethnic origin, political belief, physical ability, athletic/artistic ability, or HIV status. Noting the social exclusion lesbian, gay, bisexual, transgender and intersex (LGBTI) community members often face, Sydney 2002 will do all it can to enable inclusive participation reflecting the wide diversity of backgrounds and situations of our communities. To achieve this Sydney 2002 affirms that facilitation of diversity and equity are underpinning principles to all policies, activities and operations. The diversity principle recognises that participants, including LGBTI people, have diverse cultural, racial, gender, and religious identities, and have differing abilities, ages, economic resources, political views, family commitments and living environments. The equity principle recognises that there are across all societies significant barriers to equal enjoyment of rights and to participation in the life of those societies. In an Australian context, managing for equity and diversity provides a focus that is broader than just minority participation, and recognises the human rights of all. Equity is about valuing diversity, and it is about fairness, impartiality, even-handedness. Equity is about providing an opportunity to participate to as wide a range of members as possible of our lesbian, gay, bisexual transgender and intersex communities.

This equity statement recognises the following may be significant barriers to this participation:

• Race
• Regional location
• Gender
• Age
• Disability
• Political constraints

Sydney 2002 has developed and is implementing an Equity in Diversity Workplan, of which this statement is a part. The Workplan provides for recognition of diversity and promotion of equity throughout Sydney 2002, and aims to reduce the impact of barriers to participation. The Workplan outlines specific actions to be taken in all areas of Gay Games VI. The Workplan sets targets for achieving specific equity in diversity outcomes, and addresses event management through:

• Commitment, policy and planning.
• Participation and public image.
• Administration and management.

The Workplan is a social contract between Sydney 2002 and lesbian, gay, bisexual, transgender and intersex people and their supporters worldwide.

Finally, Sydney 2002 acknowledges that achieving equity is a long-term process. We are committed to identifying the need for further action and development as our legacy to future Gay Games.

3. Harassment Free Events

Sydney 2002 Gay Games endorses the principles espoused in the Australian Sports Commission (ASC) policy of Anti-harassment in Sport Strategy (see ASC Website: www.ausport.gov.au). Although these ASC policies are designed primarily for sport, Sydney 2002 Gay Games will apply these principles across all events.

The Anti-harassment in Sport Strategy aims to create a safer sport environment by developing a system for dealing effectively and appropriately with and whenever possible preventing harassment in sport.

Sydney 2002 Gay Games notes and endorses the definition of harassment as provided by the ASC:

Harassment consists of offensive, abusive, belittling or threatening behaviour directed at a person or people because of a particular characteristic of that person or people (including the person or persons' level of empowerment relative to the harasser). The behaviour must be unwelcome and the sort of behaviour a reasonable person would recognise as unwelcome.

(Harassment Free Sport)

Harassment in this context is deemed to include: sexual harassment, racial harassment; harassment on grounds of sexuality; and abusive behaviour generally. Further, in the context of this policy, Sydney 2002 Gay Games will not accept harassment on the basis of gender or gender identity.

Sydney 2002 Gay Games is committed to providing an environment free of harassment. We believe that anyone who works for us or represents us, and everyone with whom we deal, has the right to be treated with respect and dignity. We will not tolerate harassment within the Sydney 2002 Gay Games nor any of the associated activities. We will take complaints of harassment seriously, sensitively and confidentially. Disciplinary action can be taken against a person who is found in breach of this policy. See the Sydney 2002 Gay Games position paper, Harassment and Discrimination in the Workplace.

This policy applies to all employees and representatives of Sydney 2002 Gay Games, and also to officials, volunteers, and participants in and spectators at Sydney 2002 Gay Games events.

4. Consultation

This policy is built on previous policies of the Gay Games addressing gender issues, the most recent being the policy for the Amsterdam 1998 Gay Games.

Consultation has been carried out with the Gender Centre (Sydney), Australian Intersex Support (Australia), Sydney 2002 Women's Advisory Group, Sydney 2002 National Indigenous Advisory Committee, AIDS Council of NSW Indigenous Officer, Moana Pacifika (Sydney 2002 Pacific Islands Working Group), Sydney 2002 Asia Committee and the Federation of Gay Games.

5. Gender

The Sydney 2002 Gay Games welcomes all people regardless of gender identity. Gender identities may include men, women, transgender or intersex. There are also a variety of ethno-local and Indigenous transgender identities. Gender is a social identity, and may or may not accord with the biological birth sex of the person (male, female, or intersex).

For the purposes of this policy the following definitions apply.

A Transgender person is someone who was born anatomically male or female, but has a strong and persistent, bona fide identification with the gender role other than that assigned at birth. A transgender person may or may not have had medical treatment to transition to their chosen or self-identified gender.

Persons with Intersex conditions may have one of many long-established biological conditions where a person is born with reproductive organs and/or sex chromosomes that are not exclusively male or female. The previous word for intersex was hermaphrodite. A person with an intersex condition may identify as male, female, both, or as intersex.

Ethno-local or Indigenous transgender identities cover a wide range of traditional identities. These may include a number of Asian and Pacific identities such as Indigenous Australian Sistergirls, Indonesian Waria, Thai Kathoey, South Asian Hijra, Samoan Faafafine, amongst others.

6. Australian and NSW Law and Equal Opportunity

This policy has been developed in consideration of Australian and NSW Law including the following:

• the Anti-Discrimination Act 1977 (NSW)
• the Sex Discrimination Act 1984 (Commonwealth of Australia); and
• the Disability Discrimination Act 1992 (Commonwealth of Australia)

7. Accreditation Criteria

All participants registered for the Sydney 2002 Gay Games will be provided an Accreditation Pass, which is required for access to Gay Games events. For those Sydney 2002 Gay Games sports which are organised under male or female divisions, participants will be asked to choose which division they wish to participate in. Participants are required to supply legal documentation such as passports, birth certificates, or other identification documents to verify identity at Accreditation. The person's gender as recorded on these documents will generally determine how the person is accredited, unless certain conditions are met.

Where a person's identity documents record their gender to be other than that under which the person wishes to participate, they will be accredited for participation under their chosen or self-identified gender on the following two conditions:

• A letter from a medical practitioner is provided stating that the participant has been actively involved in hormone treatment for a minimum of two full years; and/or
• Proof of the participant living as the chosen or self-identified gender for a minimum of two years.

In general, "Active involvement with hormone treatment for a minimum of two full years" will be understood to mean uninterrupted treatment over the period up to and including the Sydney 2002 Gay Games, unless there is a medical reason which may have resulted in short breaks from that treatment. Any breaks in treatment should be outlined in the medical practitioner's letter.

Proof may be provided by: legal documents such as a driver's licence; evidence of employment as the chosen or self-identified gender; personal letters; testimonials or statutory declarations; bank accounts; leases or property titles etc.

Testimony from a bona fide Australian Indigenous community organisation or Australian Indigenous community worker is also acceptable in relation to the Transgender/Sistergirl status of Australian Indigenous persons.

All documents must be provided in English or with certified translations.

Sydney 2002 Gay Games accreditation officials may exercise discretion in relation to accrediting a person in accordance with their chosen gender on the basis of condition 2 alone.

Persons who satisfy these criteria will be accredited by the Sydney 2002 Gay Games in accordance with their chosen or self-identified gender in their chosen events.

8 Performance Records, Sanctioned Events, and Safety

All sports include rules which are intended to maximize fairness and minimise risk of injury. These tend to group persons with similar strength, experience and prowess together, in one on one or team events. In events which involve body contact, the technical officials implementing the rules of the event have discretion in determining circumstances which place participants at risk of injury and to take action to avoid such injury. Where a technical official at the event level is of the opinion there may be a risk of injury, subject to the rules of the particular sport, they may rule that an individual may not participate in that event/class/division. Where a technical official makes a decision on these grounds the affected person will be provided written notice of the decision and the reason.

Sydney 2002 Gay Games will do its utmost to encourage sporting bodies or associations and technical officials governing sanctioned and non-sanctioned events to recognise the participant according to their chosen gender as accredited by the Sydney 2002 Gay Games. However, Sydney 2002 Gay Games cannot enforce such policy on autonomous sporting or cultural bodies or associations.

9. Drug Testing

Some Sydney 2002 sports events are subject to drug testing. Please refer to the Sydney 2002 Gay Games VI Anti-Doping Policy for further information.

10. Grievances and Appeals

Sydney 2002 Gay Games has established a grievance and appeals mechanism.

Persons who have a complaint about their treatment by Accreditation Officials, or who wish to appeal a decision regarding the gender recorded for accreditation, may have their grievance or appeal heard by the Grievance and Appeals Committee. Any person claiming to have experienced harassment or who wishes to claim that they have been prevented from doing their personal best because of the accreditation process may make a complaint to the same body.

The Grievance and Appeals Committee will seek to speedily and confidentially address the issues raised. The members of the Committee will comprise a member of the Sydney 2002 Gay Games Board, a person with legal expertise in the anti-discrimination field, and other persons with relevant expertise (including Transgender and Intersex issues).

The Committee will take verbal or written complaints, and will provide their decision in writing. The Committee may direct the Accreditation Pass to be re-issued according to their decision. In the case of harassment the Committee may recommend disciplinary action.

The decision of the Grievance and Appeals Committee is final and not subject to appeal within the Sydney 2002 Gay Games.

A person who has a complaint arising from an incident as part of a sports or cultural event, or in relation to the rules of a specific sport or the behaviour or decisions of a technical official, should first seek to resolve the issue through that sports or cultural organisations own grievance and appeals mechanisms. If there is no satisfactory resolution, or no available mechanism, the person may raise the matter with the Sydney 2002 Gay Games Grievance and Appeals Committee. Subject to the nature of the complaint, and the rules and structures of the sport or cultural event concerned, the Committee may advocate on behalf of the aggrieved person to the relevant sporting or cultural governing body.

Contacts for complaints or clarification may be found on the front page of this policy.

No provision contained in this Sydney 2002 Gay Games Gender Policy limits a person's access to take action under relevant Australian laws that may apply.

11. Privacy and Confidentiality

The process of assessment at accreditation will be conducted in a private environment. All information and documentation provided will be treated as confidential.

12. Date of Adoption

This policy was adopted by the Sydney 2002 Gay Games Board on 10 July 2002.

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