Posted on Jun 1, 2017
How do we approach the topic of transgender and ASAP?
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I am a BN Prevention Leader (BPL) and a Company UPL. My unit just received transgender training recently, but as I was conducting a Company UA, I got to thinking...how do we proceed if a Soldier who was originally male/female goes through the process and successfully changes their gender marker?
For Example: SPC Sharon Jones (F) goes through the process and is now SPC Hank Jones (M) per their gender marker, but they still are female in the physical sense. Now Jones is selected for a random drug test, but does not feel comfortable with another female observing her (him) providing a specimen. Now SGT Smith (M) does not feel comfortable observing a Soldier who identifies as male, with female anatomy, giving a sample. Now flip it. A male Soldier changes to female while still retaining male anatomy and does not feel comfortable with another male observing. But the female observer does not feel comfortable observing a male providing a sample.
I am at a complete loss with this one. This was not brought up in the training. I spoke with the ASAP Coordinator and he was at a loss.
For Example: SPC Sharon Jones (F) goes through the process and is now SPC Hank Jones (M) per their gender marker, but they still are female in the physical sense. Now Jones is selected for a random drug test, but does not feel comfortable with another female observing her (him) providing a specimen. Now SGT Smith (M) does not feel comfortable observing a Soldier who identifies as male, with female anatomy, giving a sample. Now flip it. A male Soldier changes to female while still retaining male anatomy and does not feel comfortable with another male observing. But the female observer does not feel comfortable observing a male providing a sample.
I am at a complete loss with this one. This was not brought up in the training. I spoke with the ASAP Coordinator and he was at a loss.
Transgender
CG-LGL10: Legal
Substance Use
Edited >1 y ago
Posted >1 y ago
Responses: 12
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Last time I checked, being "comfortable" wasn't a requirement of compliance with the ASAP program.
If Jones made the switch, then she is female and the female observation rules apply; if Jones is still male (per the Army), then the male rules apply.
Were it in my unit, I would use my most senior observer to be in the stall, with a second one standing by making sure no jackassery ensues.
Being professional solves a lot of these problems before they happen.
If Jones made the switch, then she is female and the female observation rules apply; if Jones is still male (per the Army), then the male rules apply.
Were it in my unit, I would use my most senior observer to be in the stall, with a second one standing by making sure no jackassery ensues.
Being professional solves a lot of these problems before they happen.
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That scenario is in the DOD Transgender Handbook for soldiers and Commanders. The wording is below. But the main thing is that if soldiers and commanders are treating each other with respect as valued and equal team members (as they should) then it should be something than can be easily worked out taking into consideration the feelings of privacy of both the soldier and the observer, rather than treating situations like this as a "gotcha" moment to try and show why this just can't possibly work.
A transgender Service member is randomly selected to undergo a urinalysis test
at their new command.
Key takeaway(s)
This scenario illustrates the importance of open lines of communication between
the Service member and the commander. The commander must adhere to
procedures outlined in the Military Personnel Drug Abuse Testing Program
(MPDATP)45 and Service policy.
Service member responsibilities
■ Discuss your circumstances with command leadership during sign-in
period to determine your options and allow the commander the ability
to adjust as required/desired for your comfort and the comfort level of
the observer, particularly if you have not undergone full surgical change.
Commander responsibilities
■ Depending on Service regulations, you may consider alternate
observation options if a request from a transgender Service member or
an observer is made. Options could include observation by a different
observer or medical personnel.
■ You have discretion to take additional steps to promote privacy,
provided those steps do not undermine the integrity of the program.
However, all collections must be directly observed.
45 DoDI 1010.16.
62
■ Consult with the SCCC; if unable to make special accommodation,
spend time discussing with both the observer and the Service member.
■ Ensure your observers are properly trained.
https://www.defense.gov/Portals/1/features/2016/0616_policy/DoDTGHandbook_093016.pdf
A transgender Service member is randomly selected to undergo a urinalysis test
at their new command.
Key takeaway(s)
This scenario illustrates the importance of open lines of communication between
the Service member and the commander. The commander must adhere to
procedures outlined in the Military Personnel Drug Abuse Testing Program
(MPDATP)45 and Service policy.
Service member responsibilities
■ Discuss your circumstances with command leadership during sign-in
period to determine your options and allow the commander the ability
to adjust as required/desired for your comfort and the comfort level of
the observer, particularly if you have not undergone full surgical change.
Commander responsibilities
■ Depending on Service regulations, you may consider alternate
observation options if a request from a transgender Service member or
an observer is made. Options could include observation by a different
observer or medical personnel.
■ You have discretion to take additional steps to promote privacy,
provided those steps do not undermine the integrity of the program.
However, all collections must be directly observed.
45 DoDI 1010.16.
62
■ Consult with the SCCC; if unable to make special accommodation,
spend time discussing with both the observer and the Service member.
■ Ensure your observers are properly trained.
https://www.defense.gov/Portals/1/features/2016/0616_policy/DoDTGHandbook_093016.pdf
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SFC Vernon McNabb
Thank you. This is what I was looking for. I never intended this to be a "gotcha" moment. I was literally asking for information on how to proceed. That is all.
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LTC (Join to see)
SFC Vernon McNabb - I didn't mean to the imply that you personally were trying to make this particular issue a gotcha moment. Sorry if it came across that way. I commend your effort to seek out info. Rather I was referring to those people, in general, who are against transgender s serving at all, and attempt to use "what if" issues to show it can't work rather than attempting to recognize that if you just treat transgendered soldiers with the same respect as other soldiers, you can work around these types of issues.
In other words, treat them as everyone else, and find a way to make things work, rather than treat them as some sort of subclass of humans and try to find a way to make it not work.
In other words, treat them as everyone else, and find a way to make things work, rather than treat them as some sort of subclass of humans and try to find a way to make it not work.
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SFC Vernon McNabb You need to ask JAG and confirm, but Id bet "gender marker" is your answer, and "feelings" can take a flying leap.
If the gender marker is male, you TASK a male to observe the MALE provide the sample.... Feeling comfortable is not part of the task......Unless you swing that way (and I really don't give a damn if they do) no male is "comfortable" being a meat gazer, its a task, and you do it.
Having spoken to female SM on the same subject, the feelings were the same ..but its task, legal and justified, required by regulation...so you do it.
If the gender marker is male, you TASK a male to observe the MALE provide the sample.... Feeling comfortable is not part of the task......Unless you swing that way (and I really don't give a damn if they do) no male is "comfortable" being a meat gazer, its a task, and you do it.
Having spoken to female SM on the same subject, the feelings were the same ..but its task, legal and justified, required by regulation...so you do it.
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