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  • Connect, Share Knowledge, and Succeed Within the LGBTQ+ and Ally Legal Community.

    Climate Survey 2020

    Brooklyn Law School

    April 28, 2020

    Question 1 provided each school with a field to confirm or update their nondiscrimination statement.
     
    2. Does your law school intentionally seek out LGBTQ+ prospective students?
    No
    3. Does your law school's welcome packet for admitted students include mention of identity group support for LGBTQ+ students, as well as for students of color or other minorities?
    No
    4. Does your school offer students the option to self-identify (also known as "Self-ID") as LGBTQ+ in admissions applications or post-enrollment forms?
    Yes
    a. If 'yes,' please describe your student Self-ID process:

    We offer two questions on our application. 

    1. Would you like to identify as lesbian, gay, bisexual, or queer? Please note that if you select “Yes,” you may be contacted by OUTLaws our LGBTQ+ student organization.

    ( ) Yes

    ( ) No

    1. Would you like to identify as transgender? Please note that if you select “Yes,” you may be contacted by OUTLaws our LGBTQ+ student organization.

    ( ) Yes

    ( ) No

    b. If 'yes,' how many students are currently enrolled at your law school in total?:
    1071
    c. If 'yes,' how many self-identified LGBTQ+ students are currently enrolled at your law school, in total?:
    98 (total amount of students that self-identified as LBGTQ+ in the classes that started in fall 2018 and 2019).
    Lesbian
    N/A
    Gay
    N/A
    Bisexual/ pansexual
    N/A
    Transgender / nonbinary
    5 (total amount of students that self-identified as Transgender in the classes that started in fall 2018 and 2019).
    Queer or gender/sexual orientation minority
    N/A
    5. Does your law school offer transgender and nonbinary students who have not legally changed their names the ability to have their name-in-use reflected on their admission applications or post enrollment forms?:
    Yes
    6. Does your law school provide any annual scholarships specifically for LGBTQ+ students?
    Only general diversity scholarships
    7. Does your law school actively seek to employ diverse staff/faculty/administrators, including openly LGBTQ+ individuals?:
    Yes
    8. Does your law school conduct a "Self-ID" program which allows staff/faculty/administrators to voluntarily and (if they desire) confidentially identify their gender identity and sexual orientation?:
    No
    9. How many faculty (not staff/administrators) are employed by your law school in total?
    63
    10. How many self-identified LGBTQ+ faculty are employed by your law school in total?
    N/A
    Lesbian
    N/A
    Gay
    N/A
    Bisexual/Pansexual
    N/A
    Transgender /Nonbinary
    N/A
    Queer or gender/sexual orientation minority
    We have many self-identified LGBTQ+ faculty but do not have a formal process for identifying faculty LGBTQ+ status.
    11. How many self-identified LGBTQ+ faculty of color does your law school currently employ in total?
    We have LGBTQ+ faculty of color but do not have a formal process for identifying faculty LGBTQ+ status.
    12. How many staff/administrators (not faculty) are employed by your law school?
    162 Full-time
    13. How many self-identified LGBTQ+ staff/administrators are employed by your law school in total?
    Unsure
    Lesbian
    Unsure
    Gay
    Unsure
    Bisexual/Pansexual
    Unsure
    Transgender/Nonbinary
    Unsure
    Queer or gender / sexual orientation minority
    Unsure
    14. How many self-identified LGBTQ+ staff/administrators of color does your law school currently employ in total?
    Unsure
    15. Does your law school provide employee benefits such as health insurance, family medical leave, parental leave, and nontraditional family planning like assisted reproduction and/or adoptive benefits?
    Yes
    a. If 'yes,' are those employee benefits available on equal terms to employees in same-sex marital/domestic partnership relationships as they are to employees in different-sex marital/domestic partnership relationships?
    Yes
    b. If you answered 'yes' to #15, are those employee benefit plans inclusive of the specific needs of LGBTQ+ employees (i.e., are assisted reproductive benefits offered without the need for extended traditional attempts at pregnancy, are care techniques such as mammograms, prostate exams, hysterectomies, etc. available to employees of all genders, are parental leave policies equal for people of all genders, etc.)?
    Yes
    c. If you answered 'yes' to #15a AND/OR if you answered 'yes' or 'unsure' to #15b, please summarize or reproduce your policy here:

    Below is the definition of a spouse and an eligible domestic partner as reflected in the medical plan Summary Plan Description (SPD)

    Spouse – an individual to whom you are legally married or a Domestic Partner as defined in this section.

    Domestic Partner – an individual of the same or opposite sex with whom you have established a domestic partnership as described below.

    A domestic partnership is a relationship between a Participant and one other person of the same or opposite sex. Both persons must:

    •         not be so closely related that marriage would otherwise be prohibited;
    •         not be legally married to, or the Domestic Partner of, another person under either statutory or common law;
    •         be at least 18 years old;
    •         live together and share the common necessities of life;
    •         be mentally competent to enter into a contract; and
    •         be financially interdependent and have furnished documents to support at least two of the following conditions of such financial interdependence:

    –          they have a single dedicated relationship of at least 12 months duration;

    –          they have joint ownership of a residence; or

    –          they have at least two of the following:

    ♦       a joint ownership of an automobile;

    ♦       a joint checking, bank or investment account;

    ♦       a joint credit account;

    ♦       a lease for a residence identifying both partners as tenants; or

    ♦       a will and/or life insurance policies which designate the other as primary beneficiary.

    The Participant and Domestic Partner must jointly sign an affidavit of domestic partnership provided by Human Resources upon your request.

    There is coverage for mammograms, prostate exams and hysterectomies. Please keep in mind services may be subject to prior authorization and covered based on medical necessity.

    16. Does your law school offer transition-related health benefits including hormone therapy, gender counseling, gender-affirming surgeries, etc. to transgender employees and/or employees who are undergoing gender transition?
    Yes
    a. If 'yes' or ‘unsure,’ please summarize or reproduce your policy here:

    Below are details of this benefit as reflected in the medical plan SPD.

    Gender Dysphoria

    Benefits for the treatment of Gender Dysphoria limited to the following services:

    ■       Psychotherapy for Gender Dysphoria and associated co-morbid psychiatric diagnoses as described under Mental Health Services in this section.

    ■       Cross-sex hormone therapy:

    –          Cross-sex hormone therapy administered by a medical provider (for example during an office visit) is provided under Pharmaceutical Products – Outpatient in the section.

    –          Cross-sex hormone therapy dispensed from a pharmacy is provided under Section 15, Outpatient Prescription Drugs.

    ■       Puberty suppressing medication injected or implanted by a medical provider in a clinical setting.

    ■       Laboratory testing to monitor the safety of continuous cross-sex hormone therapy.

    ■       Surgery for the treatment for Gender Dysphoria, including the surgeries listed below:

    Male to Female:

    –          Clitoroplasty (creation of clitoris)

    –          Labiaplasty (creation of labia)

    –          Orchiectomy (removal of testicles)

    –          Penectomy (removal of penis)

    –          Urethroplasty (reconstruction of female urethra)

    –          Vaginoplasty (creation of vagina)

    Female to Male:

    –          Bilateral mastectomy or breast reduction

    –          Hysterectomy (removal of uterus)

    –          Metoidioplasty (creation of penis, using clitoris)

    –          Penile prosthesis

    –          Phalloplasty (creation of penis)

    –          Salpingo-oophorectomy (removal of fallopian tubes and ovaries)

    –          Scrotoplasty (creation of scrotum)

    –          Testicular prosthesis

    –          Urethroplasty (reconstruction of male urethra)

    –          Vaginectomy (removal of vagina)

    –          Vulvectomy (removal of vulva)

    Genital Surgery and Bilateral Mastectomy or Breast Reduction Surgery Documentation Requirements:

    The Covered Person must provide documentation of the following for breast surgery:

    ■       A written psychological assessment from at least one qualified behavioral health provider experienced in treating Gender Dysphoria. The assessment must document that the Covered Person meets all of the following criteria:

    –          Persistent, well-documented Gender Dysphoria.

    –          Capacity to make a fully informed decision and to consent for treatment.

    –          Must be 18 years or older.

    –          If significant medical or mental health concerns are present, they must be reasonably well controlled.

    The Covered Person must provide documentation of the following for genital surgery:

    ■       A written psychological assessment from at least two qualified behavioral health providers experienced in treating Gender Dysphoria, who have independently assessed the Covered Person. The assessment must document that the Covered Person meets all of the following criteria:

    –          Persistent, well-documented Gender Dysphoria.

    –          Capacity to make a fully informed decision and to consent for treatment.

    –          Must 18 years or older.

    –          If significant medical or mental health concerns are present, they must be reasonably well controlled.

    –          Complete at least 12 months of successful continuous full-time real-life experience in the desired gender.

    –          Complete 12 months of continuous cross-sex hormone therapy appropriate for the desired gender (unless medically contraindicated).

    ■       The treatment plan is based on identifiable external sources including the World Professional Association for Transgender Health (WPATH) standards, and/or evidence-based professional society guidance.

    Prior Authorization Requirement

    For Non-Network Benefits you must obtain prior authorization as soon as the possibility for any of the services listed above for Gender Dysphoria treatment arises.

    If you fail to obtain prior authorization as required, Benefits will be reduced to 50% of Eligible Expenses.

    17. Does your law school offer a student benefit plan including health insurance with nontraditional family planning like assisted reproduction and/or adoptive benefits, and/or any additional benefits such as access to campus facilities?
    Yes
    a. If 'yes,' are those student benefits available on equal terms to students in same-sex marital/domestic partnership relationships as they are to students in different-sex marital/domestic partnership relationships?
    Yes
    b. If you answered 'yes' to #17, are those student benefit plans inclusive of the specific needs of LGBTQ+ students (i.e., are assisted reproductive benefits offered without the need for extended traditional attempts at pregnancy, are care techniques such as mammograms, prostate exams, hysterectomies, etc. available to students of all genders, etc.)?
    Yes
    c. If you answered 'yes' to #17a AND/OR if you answered 'yes' or 'unsure' to #17b, please summarize or reproduce your policy here

    Insurance Circular Letter No. 7 (2017)/Ins. Law §§ 3221(k)(6) and 4303(s), 11 NYCRR §§ 52.17(a)(35) and 52.18(a)(10)

    New York Insurance Circular Letter No. 7 (2017), effect 04/19/17, says insurers must cover infertility treatment regardless of sexual orientation, marital status or gender identity.

    • Background: Existing law mandates coverage for infertility. The mandate is based in part on the definition of infertility by the American College of Obstetricians and Gynecologists and American Society for Reproductive Medicine (ASRM) which provides that infertility is a disease, defined by the failure to achieve a successful pregnancy after 12 months or more of appropriate, timed unprotected intercourse or therapeutic donor insemination. Earlier evaluation and treatment may be justified based on medical history and physical findings and is warranted after 6 months for women over age 35 years.
    • New Guidance: This letter provides that an issuer must provide coverage for infertility treatment using standards and guidelines no less favorable than those established and adopted by ASRM. ASRM’s definition of infertility does not distinguish between heterosexual individuals in a relationship or who are married, individuals in a same-sex relationship or who are married, single individuals, or based on gender identity. Therefore, every issuer must provide coverage for infertility treatment to any individual who meets ASRM’s definition of infertility when all of the other terms and conditions of the policy or contract are satisfied, regardless of the individual’s sexual orientation, marital status or gender identity. Issuers should also be mindful that, with respect to individuals in a same-sex relationship or single individuals, earlier treatment may be justified as permitted in the definition.
    18. Does your school offer the same transition-related healthcare benefits to students and their partners/spouses who are transgender or undergoing gender transition?
    Yes
    a. If 'yes,' please summarize or reproduce your policy here:

    Summary: Summary of the Law
    Assembly Bill 8354, effective 07/24/11, states same-sex couples should have the same access as others to the protections, responsibilities, rights, obligations, and benefits of civil marriage. A marriage shall be valid, regardless of whether the parties to the marriage are of the same or different sex. The intent of this law is that the marriages of same-sex and different-sex couples be treated equally in all respects under the law. Under this law, marriage to same-sex partners, rather than a different-sex partner cannot be shown unfairness to government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage, whether deriving from statute, administrative or court rule, public policy, common law or any other source of law
    Provisions in the law outline the rights of a religious employer, denominational institution or organization, or any organization operated for charitable or educational purposes supervised or controlled by or in connection with a religious organization, the right to excludes coverage for same-sex marriage couples.

    19. Do all students at your law school have access to on-campus health, counseling and therapy services either through the law school or the larger University?
    No
    20. Does your law school provide single-stall restrooms available to people of all genders in each law school building?
    Yes
    a. If 'yes,' please describe how the single-stall restroom(s) is/are identified (i.e., what does the signage say, is it identified on building maps and online resources), the number of single-stall restrooms available in each law school building, and whether these are accessible for people with disabilities in each building or floor

    We are an independent free-standing law school. Ours is an urban campus with two academic buildings. We do not have online maps with our restrooms noted, in fact, we do not have online maps of any of our buildings. The restrooms are not noted on our directory signage.

    In the main academic building, there are three restrooms with five stalls each, located on the 3rd, 6th, and 7th floors, which are labeled as “Restrooms.” Both male and female icons appear on this signage. In addition, there are six private, ADA-accessible single-toilet restrooms on the Basement, 3rd, 4th, 5th, 6th and 7th floors. These are labelled as “All-Gender Restrooms.” Restrooms on the 8th and 9th floor are labeled with male and female icons and the words “Self-Identified.”

    In the second academic building, there are three restrooms available to people of all genders. All three are labelled “All-Gender Restroom.” One, located on the 20th floor, contains three stalls, one of which is ADA-accessible. In addition, on the 20th and 21st floors, there are two private, non-gendered ADA-accessible restrooms with a single toilet each.

    Please note that if buildings cover our non-academic buildings, our residence hall does not have any restrooms in the two public spaces that have single stalls. There are ADA accessible restrooms in each of the identified women/men restrooms.

    21. Does your law school have a restroom policy applicable to gender-segregated (i.e., "Women's Restroom" and "Men's Restroom") facilities which ensures that transgender students/staff/administrators/faculty have access to facilities that match their gender identity?
    No
    22. Does your law school have one or more annual LGBTQ+ specific course offerings (e.g., LGBTQ+ Law and Policy, Sexual Orientation and the Law, Gender and the Law (focused on trans-inclusive materials), etc.)?
    Yes
    a. If 'yes,' please list course names:

    LGBT Advocacy Clinic

    23. Does your law school have an active LGBTQ+ law student group that is supported by the administration?
    Yes
    24. Does your law school provide funding, including travel support, for LGBTQ+ students to participate in LGBTQ+-focused learning and/or career services opportunities?
    Yes
    a. If 'yes,' please provide details and examples of when and how those opportunities have been utilized in the past three years:

    Funding is available, however, students have not requested it in the last 3 years.

    25. Does your law school have a hate/bias incident policy that faculty, staff/administrators, and students are required to follow?
    Yes
    a. If 'yes' to #25, does that process specifically identify sexual orientation AND/OR gender identity/expression as protected categories?
    Yes, both
    b. If 'yes' to #25, does the policy set out a clear hate bias/incident reporting process for faculty, staff/administrators, and students to utilize if necessary?
    Yes
    26. Does your law school provide mandatory anti-sexual harassment training that explicitly covers same-sex harassment and harassment of transgender/nonbinary people, for all staff/faculty/administrators, at least every three years?
    Yes
    27. Does your law school provide diversity and inclusion training that incorporates robust LGBTQ+ curriculum as well as anti-racism curriculum, at least every three years? NOTE: Please check all that apply.
    Other
    a. If you selected 'other,' please describe your diversity and inclusion training options:

    This is the first year that we are providing diversity and inclusion training for staff and students. It is the second year of such training for faculty. The training does incorporate an LGBTQ+ curriculum, however, it is not robust. Improvements have been planned for future training. Our training will be conducted on an annual basis.

    28. Please describe all additional ways, not identified through your earlier responses, in which your law school works to be safe, inclusive, and welcoming for its LGBTQ+ students, faculty, and administrators:

    The Dean of the law school recently appointed an Associate Dean for Inclusion and Diversity. The responsibilities of the Associate Dean include working to ensure a safe, inclusive and welcoming environment for all students. The Associate Dean actively works to engage LGBTQ+ students, faculty and administrators.

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