Policy 4.10 - Gender Neutral Bathrooms

Date: April 19, 2021, Resolution #21-34

Supersedes:
NA

Purpose

On December 23, 2020, a landmark civil rights measure became law in New York State (Chapter 353 of the Laws of 2020) by making all single stall bathrooms in the state gender neutral in order to protect transgender, gender non-conforming, and non-binary
(TGNCNB) individuals from discrimination and harassment.

New York State, the State University of New York and SUNY Schenectady are committed to protecting the safety and well-being of its students and staff and maintaining educational and working environments that are free from discrimination and harassment. SUNY Schenectady recognizes the need to take all possible precautionary steps to prevent harassment from occurring, and believes that college officials can play a crucial role in creating a space of inclusivity to protect transgender, gender nonconforming, and non-binary (TGNCNB) individuals from discrimination and harassment on its campuses.

Chapter 353 of the Laws of 2020 requires the SUNY Board of Trustees to promulgate regulations stating that each campus must designate all public single-occupancy bathroom facilities as gender neutral.

Policy

As of March 23, 2021, all SUNY campuses must take immediate steps to update all applicable single-stall “Male” and “Female” bathroom facilities signage to “Gender Neutral.”

Procedures

Single Occupancy Bathrooms on SUNY Campuses

  1. All public single-occupancy bathroom facilities at SUNY Schenectady shall be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.
  2. Such gender-neutral bathroom facilities shall be clearly designated by the posting of such on or near the entry door of each facility.
  3. For purposes of this section, single-occupancy bathroom shall have the same meaning as paragraph (d) of subdivision one of section one hundred forty-five of
    the public buildings law:
    § 145 Gender neutral single-occupancy bathrooms.
    "single-occupancy bathroom" means a bathroom intended for use by no more than one occupant at a time or for family or assisted use and which has a door for entry into and egress from the bathroom that may be locked by the occupant to ensure privacy and security.
  4. This section shall constitute written adoption of the requirements of subdivision twenty of section three hundred fifty-five of the education law.

Definition: Single-occupancy bathroom – a bathroom intended for use by no more than one occupant at a time or for family or assisted use and which has a door for entry into and egress from the bathroom that may be locked by the occupant to ensure privacy and security.

Appendix

Official Compilation of Codes, Rules and Regulations of the State of New York, Part 317 of Title 8 – Single Occupancy Bathrooms

Chapter 353 of the Laws of 2020 – Gender Neutral Single Occupancy bathrooms Education Law, subdivision 20 of section 355