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Executive Policy 1.205 Executive Policy 1.205



Title

Policy and Guidelines on Inclusive Facilities

Header

Executive Policy Chapter 1, General Provisions
Executive Policy EP1.205, Policy and Guidelines on Inclusive Facilities
Effective Date: January 2018
Prior Dates Amended:  None
Responsible Office: Vice President for Administration
Governing Board of Regents Policy RP 1.205 – Policy on Nondiscrimination and Affirmative Action
Review Date: June 2020

I. Purpose

In furtherance of the University of Hawaiʻi's (the “University”) commitment to providing a learning and working environment that is safe, accessible, and respectful of all individuals, the University is dedicated to ensuring that restrooms and other facilities support a campus community of diverse students, faculty, staff, and visitors inclusive of their gender identity and/or gender expression. This policy addresses new construction and existing restrooms, showers, locker rooms, changing facilities, and wellness/lactation rooms.

Additionally, in keeping with the University’s policy of nondiscrimination on the basis of gender identity and gender expression, all employees, students, and visitors have the right to use the facilities that correspond with their gender identity and to be free from harassment and discrimination. The University’s policies on nondiscrimination (EP 1.202) and/or sex discrimination and gender-based violence (EP 1.204) should be consulted in any circumstances where discrimination and/or harassment is alleged.

II. Definitions

A.    Feasible

Capable of being done or carried out in a technical sense and with due consideration of physical, technical, and financial constraints.

B.    Gender expression

The way an individual presents their personal sense of their gender to others, e.g., appearance and mannerisms, without regard to the individual’s designated sex at birth, i.e., the sex listed on an original birth certificate.

C.    Gender identity

A term used to describe the gender that an individual identifies with, which may or may not align with the individual’s sex assigned at birth.

D.    Gender-inclusive facility

A facility, including but not limited to, restrooms, showers, locker rooms, and changing facilities, that is usable by persons of all gender identities and that is not gender-specific.

E.    Gender-specific

Designated for use solely by either men or women.

F.    Wellness/Lactation room

A private room, other than a restroom, designated for use by students or employees to express breast milk or to breastfeed a child.

G.    Multi-stall restroom

A restroom that has two or more toilets, each enclosed by its own stall.

H.    Single-occupancy family restroom

Usually a larger single-occupancy restroom designed to accommodate a person and their attendant, caregiver, or young child and may have baby changing facilities.

I.    Single-occupancy restroom

A restroom designated for use by one person.

III. Executive Policy

A.  Planning and Establishing Priorities with Accountability.

In consultation with the respective campus student affairs offices, women’s centers, Title IX offices, the UH Commission on Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Equality, and LGBTQ+ Center Directors, each campus should inventory restrooms, showers, locker rooms, and changing facilities and assess current and potential gender-inclusive usability. The campus should also identify needed locations for wellness/lactation rooms accessible to students and employees.

The campus should assign a position or unit to monitor and promote implementation of this policy, and outline priorities for implementation in a transition plan.

B.  Gender-Inclusive Facilities Conversion or Construction Guidelines.

  1.  Existing Buildings.

Where feasible, all single-occupancy gender-specific restrooms in existing buildings should be converted to single-occupancy gender-inclusive restrooms. As budgets allow, existing buildings that have locker rooms or showers should be modified to have at least one gender-inclusive locker room or shower. If funding is limited, existing gender-specific facilities should be adapted, for example, by adding privacy options such as shower curtains or doors.

  2.  Existing restrooms, showers, locker rooms, and changing facilities.

  a.  The University will identify and designate existing single-occupancy restrooms as gender-inclusive or “all gender,” to the extent feasible. This will provide safe, comfortable options for persons regardless of their gender identity. This will also accommodate parents and caregivers who are a different gender from their children, as well as attendants and personal aides who are a different gender.

  b.  With regard to existing gender-specific lockers, showers, and changing facilities, appropriate accommodations will be made to the extent feasible.

  c.  With regard to wellness/lactation rooms, each campus should identify at least one appropriate space that is private and comfortable, other than a restroom.

  3.  New Building Construction or Major Building Renovation.

  a.  The University is also committed to increasing gender-inclusive and accessible options, including creating more single-occupancy gender-inclusive restrooms, Americans with Disabilities Act (ADA) accessible restrooms and family restrooms, and gender-inclusive showers, locker rooms and changing facilities.

  b. These facilities should be inclusively designed as feasible to be usable by and accessible to as many people as reasonably possible. Availability of inclusive facilities is optimal from the perspective of ADA universal design for persons who may need to be accompanied by personal attendants, and parents and caregivers with children of a different gender, as well as to provide safe and comfortable options for persons regardless of their gender identity.

  c.  For each new building being constructed or each building undergoing major renovation, the scope of work should include at least one gender-inclusive restroom. Where feasible, the gender-inclusive restrooms should be located in close proximity to the gender-specific restrooms. If allowed by codes, the scope of work may incorporate multi-stall gender-inclusive restrooms in high traffic areas or buildings with high occupancy loads.

  d.  If the building being constructed or renovated has or is anticipated to have locker rooms or showers, then to the extent feasible, the building should have at least one gender-inclusive locker room or shower in close proximity to the gender-specific locker room or shower.

  e.  If it is reasonable to expect that a building being constructed or renovated will be patronized regularly by families, then the gender-inclusive restroom, where feasible, should be equipped with a baby changing table and sized with sufficient space to accommodate a caregiver and baby gear. Where feasible and as needed, the building being constructed or renovated should also have at least one wellness/lactation room in an accessible location. This should be a private locked room or other private space (not in a restroom) preferably with electrical outlets and in close proximity to a sink.

C.  Other considerations.

  1.  All design, new construction, renovation, or conversion of gender-inclusive facilities should comply with the applicable federal and state laws, and building codes.

  2.  The UH Commission on LGBTQ+ Equality or LGBTQ+ Center Directors should be consulted regarding preferred floor location for single-occupancy gender-inclusive restrooms, since the first floor may not be ideal for single-occupancy gender-inclusive restrooms.

  3.  The signage for gender-inclusive restrooms should state “RESTROOM” or “ALL GENDER RESTROOM,” with no other gender-specific designation. If the restroom is new or has been renovated, the sign should also include the ADA pictogram and be ADA and building code compliant.

  4.  Single-use facilities should ideally have door hardware that displays the word “occupied” when in use.

  5.  If gender-inclusive restrooms include multi-stall facilities, these should be designed to ensure optimum privacy, such as ensuring secured locks on restroom or stall doors. Other measures may include: installing flaps on the outer edge of stall doors to cover gap between the door and the stall wall and extending stall partitions to increase privacy (but not necessarily floor-to-ceiling).

  6.  Location of all of these inclusive facilities should be posted on the respective campus websites for quick access and location.

IV. Delegation of Authority

There is no policy-specific delegation of authority.

V. Contact Information

System Office of Equal Employment Opportunity/Affirmative Action (EEO/AA)
eeo@hawaii.edu
(808) 956-7077
www.hawaii.edu/eeo

Commission on LGBTQ+ Equality
www.hawaii.edu/offices/president/lgbtq

LGBTQ+ Center
(808) 956-9250
lgbtq@hawaii.edu

Office of the Vice President for Administration
(808) 956-6405
www.hawaii.edu/offices/administration

VI. References

A.  List of sources which relate to or impact this policy:
  1.  Title VII of the Civil Rights Act of 1964
  2.  The Rehabilitation Act of 1973
  3.  The Americans with Disabilities Act of 1990
  4.  Title IX of the Education Amendments of 1972
  5.  Chapter 378 of the Hawai‘i Revised Statutes
  6.  Executive Order 13672
  7.  Applicable nondiscrimination provisions of collective bargaining agreements

B.  Link to Executive Policy EP 1.202 – University Statement of Nondiscrimination and Affirmative Action

https://www.hawaii.edu/policy/docs/temp/ep1.202.pdf

C.  Link to Executive Policy EP 1.204 – Interim Policy and Procedure on Sex Discrimination and Gender-Based Violence

http://www.hawaii.edu/policy/docs/temp/ep1.204.pdf

D.  Link to Administrative Policy AP 9.920 – Discrimination Complaint Procedures for Students, Employees, and Applicants for Admission or Employment

http://www.hawaii.edu/policy/docs/temp/ap9.920.pdf

VII. Exhibits and Appendices

No Exhibits and Appendices found

Approved

    Signed    
    David Lassner    
    February 12, 2018    
    Date    
    President

Topics

inclusive faciltiies; restrooms; locker rooms; gender-neutral

Attachments

None