CNG Policy and Protocol on Diversity, Equity, and Inclusion:
Statement of Student Rights and Protections
Approved by the Board of Directors on April 19, 2022
The rights of all students at CNG are valued, honored, and protected under Colombian constitutional law, through international conventions, and by our school ́s core values, policies,and protocols. In addition to the extension of these rights to everyone, Colombian law and CNG policy also provide provisions for the protection of specific groups from discriminatory practices, including persons within minority groups who have been historically discriminated against and excluded.
1. Colombian Constitution, Article 16 (1991)
2. United Nations Convention on the Rights of a Child, Article 2.1 (Ratified by Colombia in 1991)
3. Colombian Law #1098, Article 14 (2006): Parental Responsibility
4. Colombian Law #1620, Article 17 (2013): Protection of Human, Sexual, and Reproductive Rights of Students
5. CNG Mission Statement (2010) “committed to serving a diverse student population”
6. CNG Board Policy 1.040 (2011): Protections Against Discrimination and Harassment
7. CNG Board-Approved Statement on Student Rights Related to Sexual Orientation and Gender Identity (2016)
8. CNG Child Protection Policy and Handbook (2016)
9. CNG Honor Code and Core Values (2010-2022)
Given the inalienable rights of all students based on these foundational documents (*see relevant text sections in the Glossary further below), this policy statement provides the guidelines that help ensure the necessary protections and support for all students and community members, including transgender members of our school.
10. Ministerial Directive No. 01 of 2022 of the Colombian Ministry of Education
PRIVACY & CONFIDENTIALITY
Employees and students of the school shall not disclose any information that may reveal a student’s gender or sexual identity to others unless the student has authorized such disclosure.
This mandate includes any interactions, whether on or off campus, or online. The school keeps medical information relating to all students confidential as aligned with Colombian Data Protection laws and requirements (Ley 1581 - 2012).
All students have the right to discuss and express their gender and sexual identities openly and to decide when, with whom, and to what extent to share private information. School counselors are available to provide support services for students wishing to discuss gender transition or disclosure, and they can also refer students to certified professionals in the field.
The fact that a student chooses to use a different name, to transition at school, or to disclose their gender identity to staff, educators, or other students does not authorize school employees or students to disclose a student’s personally identifiable or medical information to anyone.
SCHOOL FACILITIES
With respect to locker rooms or changing facilities, students will have access to the appropriate facilities that correspond to their gender identify. Non binary students may identify which facilities they feel safest and most comfortable using and make a request to use those facilities.
The rights of other students will also be taken under consideration with respect to the provision of safe and appropriate restrooms and changing facilities. Any student who is uncomfortable using a shared facility, regardless of the reason, will, upon request, be provided with a safe, appropriate, and non-stigmatizing alternative.
SPORTS AND CO-CURRICULAR ACTIVITIES
Students are permitted to participate in all CNG-specific physical education classes, athletic events, and co-curricular activities according to their gender identity. Related to competitive athletic events held in conjunction with other schools, participation guidelines will be observed in accordance with Colombian law and/or the participatory rules as established by the regulating sports league or governing activities organization.
CURRICULUM & INSTRUCTION
All students have the right to see themselves positively reflected at school, including within the curricular, instructional, and co-curricular program. The school provides for the integration of developmentally appropriate themes and educational materials to support the positive reflection of gender and sexual diversity across building levels and subject areas. As applicable to all areas of the learning program within our diverse community, school policies and protocols allow for a parent and/or student to opt-out of the coverage of a specific topic or subject matter if they deem it more appropriate to discuss with their child(ren) in the privacy of their own home.
MINISTERIAL DIRECTIVE No. 01 of the Colombian Ministry of Education
Ministerial Directive No. 01 of 2022 of the Colombian Ministry of Education establishes important guidelin
SCHOOL RECORDS
All students have the right to be addressed by the name and pronouns that correspond to their gender identity, regardless of whether a student has legally finalized a name change or gender marker change on official documents. The school complies with local and national law related to the use of names on official institutional and governmental documents as per legal requirements, especially in the case of children who are considered minors based on Colombian law and thus under the legal care of their parents or guardians. Educators, staff, and students are expected to use the pronoun and name with which a student identifies related for non-official use.
When requested by the student and their parent/guardian in the case of minors, a student’s name and gender marker can be changed in the student information system to reflect their gender identity as long as the respective Colombian requirements for official documentation have been observed. If a student has not disclosed their gender identity to a parent/guardian and, as a result, the records system cannot be legally changed, their gender-affirming name can be noted in the system, along with their legal name and gender marker. The gender-affirming name and updated pronouns should be used by educators, staff, and peers, according to the transgender student’s written preference.
TRAVEL AND OVERNIGHT TRIPS
For overnight school trips, students will be allowed use of an overnight facility that corresponds with their gender identity. Transgender students will be consulted in the planning process to address any potential concerns and needs for privacy. The concerns of other students will also be considered in the assigning of sleeping, restroom, and changing facilities. If applicable, a student’s parent/guardian may also be consulted, unless there are particular privacy concerns, although a student's gender identity will not be disclosed without their permission.
Under no circumstances will a transgender student be denied the opportunity to participate in overnight trips or other opportunities based on sleeping or facilities accommodations. In addition, the school will make every effort to accommodate any student who desires greater privacy on overnight trips.
DRESS CODE
Where gendered dress codes are in place, students may follow the established dress code in accordance with their gender identity.
TRAINING & PROFESSIONAL DEVELOPMENT
The school remains dedicated to ensuring that all educators and students are prepared with the information necessary to create a safe, equitable, and welcoming learning environment for all students and staff. In order to foster this type of environment and advancement of the school ́s core values, all educators and support-staff members will participate in school-specific professional development and training in support of working with students and staff with diverse gender and sexual identities.
GLOSSARY
Descriptions of terms used within this document are provided not for the purpose of imposing labels but, rather, to assist in better understanding this policy. Students may or may not choose to use these terms to describe themselves or their experiences. Indeed, transgender students may use many different terms to describe their lives and experiences of gender. Terminology and language differ and evolve based on region, language, race or ethnicity, age, culture, and many other factors.
Gender Expression: Sometimes called social gender, it is how a person presents their gender externally. Gender expression is continually shaped by and perceived according to cultural factors such as gender norms. A person’s gender expression may correspond with, or differ from, their gender identity.
Gender Identity: A person’s internal sense of self as masculine, feminine, a blend of both, neither, or something else. A person’s gender identity can correspond to, or differ from, the sex they were assigned at birth, and one ́s identity may change over time.
Nonbinary: An umbrella term for gender identities that are not exclusively masculine or feminine.
Sexual Identity: A person’s internal sexual and romantic attractions based on gender. Some examples of sexual identities include bisexual, lesbian, gay, heterosexual, and queer. As with gender identity, sexual identity can change over time, and some may describe their experience as questioning.
Transgender: An umbrella term used broadly to describe a range of people whose gender identity does not strictly align with their assigned sex, including nonbinary and agender people.
Transition: A term commonly used to refer to the steps a transgender person takes in order to find congruence between their gender identity and their social experience of gender. The term “transition” can be misleading as it implies that the person’s gender identity is changing but, more typically, it is others’ understanding of the person’s gender that is changing. What people see as a “transition” actually represents an alignment in one or more dimensions of the individual’s gender as they seek congruence across those dimensions. Transition is a process that is different for everyone, and it may or may not involve specific medical treatments or changes to official documents. There is no one step or set of steps that an individual must undergo in order to have their gender identity affirmed and respected.
CNG Policy Approved by the Board of Directors on April 19, 2022
Original Policy Statement Template Adapted by Dr. Emily Meadows from:
Model Local Education Agency Policy on Transgender and Nonbinary Students (GLSEN, 2020)
Source Document Updated on December 12, 2021
*Foundational Documents and Relevant Sections
1. Colombian Constitution, Article 16 (1991)
All persons have the right to free development of personality, with no other limitations than those imposed by the rights of others and by the legal system.
2. United Nations Convention on the Rights of a Child, Article 2.1 (1991)
States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. (Ratified by Colombia, January 1991)
3. Colombian Law #1098, Article 14 (2006): Parental Responsibility
The parental responsibility is a complement of the parental authority established in the civil legislation. It is also the obligation inherent in the orientation, care, accompaniment, and upbringing of children and adolescents during their formative process. This includes the shared and joint responsibility of the father and mother to ensure that children and adolescents can achieve the maximum level of satisfaction of their rights. In no case may the exercise of parental responsibility involve physical or psychological violence or acts that impede the exercise of their rights.
4. Colombian Law #1620 (2013): Protection of Human, Sexual, and Reproductive Rights of Students
Educational institutions are responsible for developing the components of prevention, promotion, and protection through the code of conduct, and the application of the Integral Care Route for School Coexistence for the purpose of protecting students against any form of harassment, school violence, and vulnerable instances of sexual, reproductive, and human rights coming from fellow students, teachers, or teaching directives.
5. CNG Mission Statement (2010)
CNG is a learning community committed to serving a diverse student population and preparing responsible global citizens through an accredited United States/Colombian college-preparatory program focused on motivating students to achieve their fullest individual potential for excellence.
6. CNG Board Policy 1.040 (2011) Revised 06/2018: Protections Against Discrimination and Harassment
CNG is committed to maintaining a school that is free from discrimination and harassment of any student or employee for any reason. Students and employees of CNG enjoy the right to study and work in an environment free from harassment. Any kind of discrimination or harassment is not tolerated because it jeopardizes the harmonious relationships necessary for the effective operation of the school. Discrimination includes any action based on an individual’s race, ethnicity, religion, disability, sex, gender expression, or personal orientation.
Harassment includes hostile, intimidating, or offensive actions and verbal and non-verbal expressions related to an individual’s race, ethnicity, religion, disability, sex, gender expression, or personal orientation.
ADOPTED: 2011
Revised: 06/2018
See Appendix 1: Child Protection
See Appendix 2: Rights of Transgender Students
7. CNG Board-Approved Statement on Student Rights Related to Sexual Orientation and Gender Identity (2016)
As officially outlined in Colombian law for schools and other institutions, CNG policies reflect our school’s ongoing commitment to the following:
1. Respecting the rights of all students, regardless of their sexual orientation or gender identity, and;
2. Providing active protection for students to help prevent and strongly address any kind of discrimination, harassment, violence, aggression, bullying, or exclusion by other students or from members of the school community.
CNG’s policy statement conforms to Article 16 of the Colombian Constitution, which states: “All persons have the right to free development of personality, with no other limitations than those imposed by the rights of others and by the legal system.” Colombian law also regards individuals with diverse gender identity as part of a minority that has been historically discriminated against and excluded, even within the LGBT community. As a result, the protections provided to all CNG students exist not only to prevent them from being victims of any type of discrimination but also to allow them their legal right to fully and freely develop their personal sexual orientation and gender identity.
8. CNG Core Values, Honor Code, and Disciplinary Policy (2019)
Respect: Value Uniqueness I value and protect each individual ́s worth, rights, dignity, and boundaries.
Caring: Empathy and Kindness
I display empathy and care for others without expecting anything in return.
I am kind to others and myself.
Code of Honor and Disciplinary Policy Handbook (2010-2022):
Serious Offense #4: Expressing intolerance relating to race, ethnicity, religion, disability, sex, gender expression, or personal orientation.
9. CNG Child Protection Policy and Handbook (2021)
As a CNG community, we recognize the responsibility to safeguard the welfare of children and adolescents in our care. CNG is committed to promoting a safe and secure environment by protecting all students in our care.