Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 360 - ADULT FOSTER HOMES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES › Section 411-360-0175 - AFH-DD Bill of Rights for LGBTQIA2S+ Residents and Residents Living with HIV

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEFINITIONS.
(a) "Gender expression" means an individual's
			 gender-related appearance and behavior, whether or not these are
			 stereotypically associated with the sex the individual was assigned at
			 birth.
(b) "Gender identity" means
			 an individual's internal, deeply held knowledge or sense of the individual's
			 gender, regardless of physical appearance, surgical history, genitalia, legal
			 sex, sex assigned at birth, or name and sex as it appears in medical records or
			 as it is described by any other individual, including a family member,
			 guardian, or legal representative of the individual. An individual's gender
			 identity is the last gender identity expressed by an individual who lacks the
			 present ability to communicate.
(c)
			 "Gender nonconforming" means having a gender expression that does not conform
			 to stereotypical expectations of one's gender.
(d) "Gender transition" means a process by
			 which an individual begins to live according to that individual's gender
			 identity rather than the sex the person was assigned at birth. The process may
			 or may not include changing the individual's clothing, appearance, name or
			 identification documents, or undergoing medical treatments.
(e) "Harass" or "harassment" means to act in
			 a manner that is unwanted, unwelcomed, or uninvited, or that demeans,
			 threatens, or offends a resident.
(A) This
			 includes bullying, denigrating, or threatening a resident based on a resident's
			 actual or perceived status as a member of one of the protected classes in
			 Oregon, such as:
(i) Race.
(ii) Color.
(iii) National origin.
(iv) Religion.
(v) Disability.
(vi) Sex (includes pregnancy).
(vii) Sexual orientation.
(viii) Gender identity.
(ix) Age.
(x) Marital status
(B) An example of harassment includes, but is
			 not limited to, requiring a resident to show identity documents in order to
			 gain entrance to a restroom or other area of an AFH-DD that is available to
			 other individuals of the same gender identity as the resident.
(f) "LGBTQIA2S+" means lesbian,
			 gay, bisexual, transgender, queer, intersex, asexual, Two Spirit, nonbinary, or
			 other minority gender identity or sexual orientation. These terms are defined
			 below:
(A) "Lesbian" means the sexual
			 orientation of an individual who is female, feminine, or nonbinary and who is
			 physically, romantically, or emotionally attracted to other women. Some
			 lesbians may prefer to identify as gay, a gay woman, queer, or in other
			 ways.
(B) "Gay" means the sexual
			 orientation of an individual attracted to people of the same gender. Although
			 often used as an umbrella term, it is used more specifically to describe men
			 attracted to men.
(C) "Bisexual"
			 means an individual who has the potential to be physically, romantically, or
			 emotionally attracted to people of more than one gender, not necessarily at the
			 same time, in the same way, or to the same degree.
(D) "Transgender" means having a gender
			 identity or gender expression that differs from the sex one was assigned at
			 birth, regardless of whether one has undergone or is in the process of
			 undergoing gender-affirming care. Being transgender does not imply any specific
			 sexual orientation. Therefore, transgender people may identify as straight,
			 gay, lesbian, bisexual, etc.
(E)
			 "Queer" means individuals who do not identify as exclusively straight or an
			 individual who has non-binary or gender-expansive identities.
(i) Queer is often used as a catch-all to
			 refer to the LGBTQIA2S+ population as a whole.
(ii) This term was previously used as a slur
			 but has been reclaimed by many parts of the LGBTQIA2S+ movement. It can also
			 include transgender people who identify as male or female. The term should only
			 be used to refer to a specific person if that person self-identifies as
			 queer.
(F) "Intersex"
			 means someone born with a variety of differences in their sex traits and
			 reproductive anatomy. Intersex traits greatly vary, including differences in,
			 but not limited to, hormone production and reproductive anatomy.
(G) "Asexual" or "Ace" means a complete or
			 partial lack of sexual attraction or lack of interest in sexual activity with
			 others. Asexuality exists on a spectrum, and asexual people may experience no,
			 little, or conditional sexual attraction. Many people who are asexual still
			 identify with a specific romantic orientation.
(H) "2S" or "Two-Spirit" is a term used
			 within some Indigenous communities, encompassing cultural, spiritual, sexual,
			 and gender identity. The term reflects complex indigenous understandings of
			 gender roles, spirituality, and the long history of sexual and gender diversity
			 in Indigenous cultures. The definition and common use of the term two-spirit
			 may vary among Tribes and Tribal communities.
(I) The "+" means other identities and
			 expressions of gender, romantic and sexual orientation, including minority
			 gender identities.
(g)
			 "Nonbinary" means an individual who does not identify exclusively as a man or a
			 woman. Non-binary people may identify as being both a man and a woman,
			 somewhere in between, or as falling completely outside these categories. While
			 many also identify as transgender, not all non-binary people do. Non-binary can
			 also be used as an umbrella term encompassing identities such as agender,
			 bigender, genderqueer, or gender-fluid.
(h) "Reasonable clinical judgement" means the
			 application of healthcare knowledge based on clinical reasoning, evidence, and
			 theories.
(i) "Resident" means an
			 individual residing in an AFH-DD and receiving Department-funded developmental
			 disabilities services.
(j) "Sexual
			 orientation" means romantic or sexual attraction, or a lack of romantic or
			 sexual attraction, to other people.