(or gender- neutral) restrooms on campus;11 and allow persons to use those single-sex restrooms that match their gender identity,12 provided that such restrooms offer a reasonable expectation of privacy;13 Unless a restroom facility is expressly excluded from this regulation, Virginia Wesleyan University policy is that persons can use the single-sex restroom that matches their gender identity. Prior to the effective date of this policy, the University will survey and identify any restroom that will be excepted from this policy. The University now has gender-neutral restrooms on the first floor of Clarke Hall (in Room 100, the Computer Laboratory) and on the first floor of Pruden Hall. By December 31, 2018, it will establish at least two additional gender-neutral restrooms (at least one additional is located in the Goode Center). d. With respect to locker room facilities, allow persons to use those locker rooms that
match their gender identity, provided that such locker rooms already ensure or have been modified to ensure a reasonable expectation of privacy; Unless a locker room facility is expressly excluded from this regulation, Virginia Wesleyan University policy is that persons can use the single-sex locker room that matches their gender identity. Prior to the effective date of this policy, the University will survey and identify any locker room facility that will be excepted from this policy or, in the alternative, establish a date certain at which the facility will be brought into conformity with this policy. e. With regard to complaints of discrimination, sexual harassment, or bullying, provide that
complaints by or against transgender students are handled in a manner consistent with existing policies on these matters;14 Complaints of discrimination on the basis of sexual orientation, gender identity, or gender expression shall be handled according to the procedures already in place for dealing with complaints for gender discrimination.15 11
As an example of one institution’s policy, see Washington and Lee University, “All Genders Restroom Initiative,” identifying more than two dozen “all genders” restrooms on the campus (https://www.wlu.edu/lgbtq-resource- center/resources/all-genders-restroom-initiative). 12
Illinois Wesleyan University policy provides that “transgender and gender non-conforming individuals should use bathrooms that correspond to their sex or gender identity, depending on which option they feel is safer, or utilize bathrooms that are designated gender inclusive. This policy does not imply that presently gendered bathrooms are de facto all gender; cisgender persons are expected to continue using bathrooms that correspond with their lived and expressed gender identities” (https://www.iwu.edu/residentiallife/policies/community-living-policies.html#bathroomusagepolicy). “While remaining sensitive to the rights of all students, a practical way of addressing these concerns [that all students are made to feel welcome] is to make spaces available for any student who does not want to share locker rooms or restrooms with other students. Such options can include privacy curtains in locker rooms and separate restrooms.” National School Boards Association, 2016 Transgender Students (Updated 10-12-2017), p. 15. See also Ann Forman, “Creating Gender- Inclusive Restrooms on Campus” (Education Advisory Board, 14 January 2016), which recommends that institutions “consider student privacy when making multi-stall restrooms gender inclusive” (available at https://www.eab.com/research- and-insights/facilities-forum/expert-insights/2016/creating-gender-inclusive-restrooms-on-campus). See as well U.S. Department of Education, “Examples of Policies and Emerging Practices,” pp. 7-8. 13
14
National School Boards Association, 2016 Transgender Students (Updated 10-12-2017), pp. 8-9.
15
See Virginia Wesleyan University Student Handbook 2017-2018, “Policy Governing Sexual Misconduct,” pp. 24-44, available at http://www.vwu.edu/student-life/student-affairs/student-handbook/; also Virginia Wesleyan University Staff Policy and Procedure Manual, HR 3.6.1 and HR 3.6.2, available at https://www.vwu.edu/about-us/campus-offices/human- resources/staffpolicy-and-procedure-manual.php; Virginia Wesleyan University Faculty Handbook 2017-2018, Appendix A-11, available at https://www.vwu.edu/about-us/campus-offices/human-resources/pdfs/faculty-handbook/.
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