Transgender & Gender-Diverse Communities Access to Gender-Segregated Facilities

Oklahoma City University policies addressing sex discrimination have consistently prohibited discrimination on the basis of gender identity and expression. At a national level, discrimination against transgender and gender-diverse populations often occurs in the context of gender-segregated facilities, and bathrooms in particular. This protocol clarifies how Oklahoma City University's Nondiscrimination Policy applies in these circumstances.

This protocol applies to all gender-segregated facilities owned or operated by Oklahoma City University. University programs and activities that are held off of campus property are expected to make reasonable efforts to ensure transgender and gender-diverse community members are able to access gender-segregated facilities that most closely align with their gender identity.

All Oklahoma City University community members including visitors to campus have the right to access on-campus gender-segregated facilities (i.e. bathrooms, locker rooms, changing facilities, and campus housing, among others) that most closely align with their gender identity. This applies equally to cisgender, transgender, and gender-diverse community members. Each individual must determine which facility is most closely aligned with their gender identity.

Access to facilities is not determined by the sex an individual was assigned at birth, their appearance, or their gender expression. How others perceive an individual in terms of sex has no impact on their right to access appropriate facilities.

Under no circumstances should an Oklahoma City University community member be required to use campus facilities that are inconsistent with their gender identity. No medical or other documentation is required in order to access appropriate on-campus gender-segregated facilities.

If an individual is uncomfortable using a gender-segregated facility, for any reason, upon request, they will be provided an alternative facility, additional privacy measures, a separate changing schedule, or other measures. Alternatives should only be provided upon request.

Single-occupancy facilities (e.g., gender-neutral bathrooms) are designed to be accessible to all community members regardless of sex. No individual should be required to use an on-campus single-occupancy facility because of their gender identity or expression.

New construction and renovation projects should consider this issue thoroughly and incorporate single-occupancy facilities and greater privacy measures whenever possible.

It is inappropriate to deny or prohibit a community member’s access to appropriate facilities when that conduct is based on perceptions, assumptions, or stereotypes about their identity. Discrimination and discriminatory harassment, including violence, against transgender and gender-diverse members of the University community will not be tolerated. Responsive actions and disciplinary measures may be taken when such conduct meets the following criteria:

• Unwelcome verbal, visual, physical, or other conduct
• Based on sex, including gender identity and gender expression
• Objectively offensive, and
• Severe, persistent, or pervasive

Oklahoma City University responds to all reports of such conduct to first determine whether the alleged conduct meets this threshold. If reported conduct does not meet this threshold, other remedies may be provided.

Reports of alleged violations of the Nondiscrimination Policy should be made to the Title IX Coordinator, Ms. Joey Croslin, at [email protected] and [email protected].

The Nondiscrimination Policy prohibits acts of discrimination, harassment, and violence that are based on sex or sexual in nature. Such acts remain prohibited in gender-segregated facilities. Nothing in this protocol should be construed as permission or encouragement for acts of harassment taking place in a gender-segregated facility, regardless of the identity of the harasser.

Gender Identity: internal sense of self in terms of gender, including as a man, woman, neither, or mixture of both. Each person has a gender identity. That identity may or may not align with the sex an individual was assigned at birth.

Gender Expression: how an individual communicates information about their gender identity to others, often through clothing, speech, body language, and appearance.

Transgender: describing an individual whose gender identity does not align with the sex as assigned at birth.

Gender-Diverse: a range of gender identities and expressions that often are not included in concepts like the gender binary. Gender-diversity includes identities such as nonbinary, genderqueer, and genderfluid, among others.

Cisgender: describing an individual whose gender identity aligns with their sex as assigned at birth.

Gender-Segregated Facilities: spaces designed for private use, such as bathrooms, locker rooms, changing facilities, and housing. In the United States, gender-segregated facilities and bathrooms in particular have been a site of numerous forms of discrimination. Bathroom access was a key issue in racial segregation of public accommodations and movements to establish gender equity in the workplace.