Nearly 17% of all undergraduate and graduate students in the U.S. identify as gay, lesbian, bisexual, asexual, queer, or questioning (LGBTQ+). About 1.7% of students identify as transgender, nonbinary, or questioning. Some colleges and universities have done a good job of making their campuses more inclusive by revising policies that address the concerns of LGBTQ+ students. It's not the case for every school, however. LGBTQ+ students are more likely to have a difficult time during their studies as compared to their non-LGBTQ+ peers. Schools that don't recognize these difficulties or work to correct implicit biases and stereotypes in their policies and processes are doing their students a disservice.
If you are an LGBTQ+ undergraduate or graduate student, you might find the rules unfairly applied to you sometimes. You may also find that your college or university doesn't have the resources to support and protect you when you're facing problems with fellow students, faculty, and staff.
When you're dealing with the consequences of an LGBTQ+ issue at your school, the Lento Law Firm can help. Our Education Law Team helps students nationwide stand up for their rights. Call our firm at 888-535-3686 or fill out our contact form.
Common Issues for LGBTQ+ College Students
Although LGBTQ+ students account for a smaller percentage of the U.S. college student population than non-LGBTQ+ students, they are more likely to face issues like bullying and harassment. According to a report from the UCLA School of Law Williams Institute, LGBTQ+ college students face the following issues to a greater degree than non-LGBTQ+ students:
- Harassment (in-person and online)
- Bullying (in-person and online)
- Sexual harassment
- Sexual assault
- Unfair treatment from residence life staff
- Hearing slurs or negative comments about LGBTQ+ people in campus housing
- Lack of gender-neutral bathrooms
- Not being allowed to change genders on transcripts or university documents
- Depression
- Bipolar depression
- PTSD
- Anxiety
- Eating disorders
- Suicidal thoughts
- Self-injury
The above issues were primarily related to undergraduate students. The report also surveyed graduate students, who faced many of the same issues as undergrads, plus a few others:
- Unfair treatment by faculty, staff, or school administrators
- Not feeling empowered to learn by faculty
- Poor mental health for all or most of the duration of the graduate program
When students are faced with these kinds of issues, they can feel unsafe attending class, participating in programs or extracurricular activities, or even living in campus housing. Administrators may try to intervene when incidents arise—but many incidents go unnoticed. LGBTQ+ students either don't feel safe reporting unfair treatment or aren't aware that they're experiencing discrimination from fellow students, faculty, and staff.
At the Lento Law Firm, we understand the issues that LGBTQ+ undergrads and graduate students face. Society as a whole has changed and is more accepting of LGBTQ+ people than it used to be. That doesn't mean life is perfect for LGBTQ+ students now, though. College is an important, transformational time in a young person's life, with countless changes happening mentally and emotionally. For many students, it's their first time living away from home. Trying to deal with those changes while encountering discrimination, bullying, and harassment can make being an LGBTQ+ student downright scary.
Colleges and universities can't always protect your rights. They're institutions of education, not administrators of the law. You shouldn't rely on your school to have your back if you face problems. You should know your rights, learn to stand up for yourself, and seek out help from the appropriate places. If you or someone you love has been affected by the consequences of LGBTQ+ issues, you should call the Lento Law Firm's Education Law Team.
Bullying and Harassment
According to the aforementioned Williams Institute report, 33 percent of LGBTQ+ people at four-year colleges were bullied, harassed, or assaulted—that's one in three of all LGBTQ+ students. Students who identify as LGBTQ+ face many potential problems when they go away to school, but bullying and harassment are the most common and well-publicized.
Bullying and harassment can take several forms, especially when you consider both in-person and online bullying and harassment. The university is obligated by federal law to intervene if the harassment creates a hostile environment for the student, but many incidents go unnoticed or unreported.
Some examples of the type of bullying and harassment LGBTQ+ college students can face include:
- Slurs and negative comments in residence halls
- Inappropriate or unwanted physical contact
- Disseminating misinformation or rumors on social media
Students who experience in-person and online bullying or harassment don't feel safe on campus. It also impedes their ability to get an education.
Discrimination
Despite a university's public stance on DEI, LGBTQ+ students can still face discrimination on college campuses. It can happen in classrooms, residence halls, student life buildings, at sporting events, or just about anywhere that has a university presence. Universities can be slow to react to incidents of discrimination, too, allowing the student's rights to be trampled and ruining their college experience.
Some universities simply don't have inclusion statements or any real support for LGBTQ+ students on campus. Not only do they remain silent when an incident happens, but they don't even have the policies needed to address such an incident.
There are many examples of discrimination against LGBTQ+ undergraduate and graduate students, but a few of the most common are:
- Excluding references to LGBTQ+ identities and issues in course materials or class discussions
- Charging transgender students with a sexual misconduct violation for using the “wrong” bathroom
- Preventing students from joining extracurricular activities (such as fraternities and sororities) based on their gender, sex, gender identity, or sexuality
- Penalizing a student for violating “community standards” when they publish pro-LGBTQ+ content
- Preventing LGBTQ+ students from demonstrating on campus
- Preventing LGBTQ+ groups and clubs from renting meeting space on campus
- Not receiving a recommendation from a professor based on gender, sex, gender identity, or sexuality
These forms of discrimination can have harmful effects on students, impacting their mental health, academic performance, and overall well-being.
Lack of Adequate Resources for LGBTQ+ Students
Another common issue for LGBTQ+ undergraduate and graduate students is a lack of adequate resources and support on campus. Safe spaces, Gender and Sexuality Alliances, and faculty and staff who are either “out” or allies can be the difference between a healthy college experience and a disastrous one for an LGBTQ+ student. When there are no campus groups for LGBTQ+ students or no staff members students can seek out for support, guidance, and protection, students end up feeling isolated. When they have no one to turn to when they experience hate, bullying, and harassment, it can lead to severe mental health problems such as depression or anxiety.
Some examples of a lack of adequate LGBTQ+ resources include:
- Banning student groups or activities with pro-LGBTQ+ agendas
- No administrative recourse for students experiencing bullying, harassment, and discrimination
- Lack of training for university faculty and staff on matters related to LGBTQ+ students
You could argue that institutions of higher education have made progress in accepting, supporting, and protecting LGBTQ+ students in the last decade or so. But there are still campus groups allowed to exist that want to deny LGBTQ+ people's rights. There are still conservative professors or staff members who haven't accepted the rising number of LGBTQ+ students on campus and get away with assigning lower grades to these students. Guaranteeing the rights of LGBTQ+ students at colleges and universities is a fight that is far from over.
Hostile Environments Threaten Education Success
When LGBTQ+ students have to fight to have the same basic rights as non-LGBTQ+ students, their educations suffer. The time spent dealing with bullies or the classes missed because students don't feel safe adds up. When students have to worry about getting through their days amidst hate and discrimination, their classes are the furthest thing from their minds.
If you're facing difficulties from your university as an LGBTQ+ student and you're not sure who to turn to, the Lento Law Firm can help. Our Education Law Team will provide guidance on how to stand up for your rights.
Know Your Rights as an LGBTQ+ College Student
As an LGBTQ+ college student, you are guaranteed certain rights in a higher education environment. It's crucial that you know what these rights are so you can stand up for yourself. There are some federal laws that protect LGBTQ+ students, and many colleges and universities have implemented policies that provide additional protection and support.
Title IX
Title IX is a federal law that went into effect in the 1970s, and it aims to guarantee equal treatment for all students. Educational institutions that want funding from the federal government must comply with Title IX rules. Title IX states that schools cannot discriminate on the basis of sex or appearance. Your school cannot deny you access to university housing, impose sanctions, prevent you from attending classes, or treat you differently because you are LGBTQ+.
University Inclusion Statements
Your college or university may have an inclusion statement, also known as a diversity, equity, and inclusion (DEI) statement. This statement should be relatively easy to find, as most schools publish them prominently online. Your school may also have a DEI coordinator or department that manages inclusion initiatives or deals with problems arising from discriminatory actions on campus. If you're facing any kind of sanctions or repercussions from your university that you feel is motivated by your sex, gender, gender identity, or sexuality, you can try to use the DEI statement to put pressure on your campus administration or raise awareness about your issue. If your school has one, you can also go to your DEI coordinator for help.
State Laws
Many states have passed laws that protect LGBTQ+ and other marginalized groups in schools. New York, California, Vermont, and Iowa all have laws that require school boards to create anti-harassment policies. You can check the laws in the state where you attend college to see if there are any similar safeguards. If you engage an Education attorney such as the Lento Law Firm, they can help you find the appropriate statutes and regulations and see if they apply to your situation.
School Policies
Almost all colleges and universities have a student handbook or behavioral guide. These policies may include anti-harassment rules that keep LGBTQ+ students safe. The student handbook may be separate from the school's DEI statement, but both may contain rules about diversity, equity, and inclusion on campus. If your school doesn't make significant efforts to support LGTBQ+ students, you can check the Campus Pride Index for ideas on how to make your campus more inclusive. You can also use this index to identify LGBTQ-friendly campuses.
How Can an Education Law Attorney Help LGBTQ+ Students?
If you're dealing with an LGBTQ+ issue at your school, you might be feeling angry, overwhelmed, or scared. It is critically important to handle these cases the right way if you want a resolution that works out in your favor. A small misstep can create further problems for you.
If you have an Education Law attorney, they can advise you on how to handle your situation. They'll know what the best action to take is. An experienced attorney can help you identify the relevant school policies, state statutes, and federal laws that apply to your situation. They can also prepare you for meetings with school administrators. The Lento Law Firm has served in this type of advisory role for LGBTQ+ students before.
Contact the Lento Law Firm for a Competent Education Law Team
If you're an LGBTQ+ student dealing with a tough situation at your college or university, you're no doubt wondering what to do next. At the Lento Law Firm, our Team of Education Law attorneys has helped students nationwide with a wide variety of issues. We can help you protect your rights. Call us today at 888-535-3686 or contact us online to book a consultation.
