§ 9-27-103 — Sex-designated changing areas and privacy spaces in educational facilities

(a) In each educational facility:
(i) Each multi-occupancy changing area, restroom and
sleeping quarters shall be designated by the educational
facility for use exclusively for males or exclusively for
females;
(ii) Every multi-occupancy changing area, restroom
and sleeping quarters designated for one (1) sex shall be used
only by members of that sex.
(b) In each educational facility, no person shall enter a
changing area that is designated for one (1) sex unless that
person is a member of that sex.
(c) Each educational facility that offers housing for
student residents shall provide students the option to be housed
only with persons of the same sex.
(d) During any activity or event authorized by an
educational facility where persons share sleeping quarters, no
person shall be required to share sleeping quarters with a
member of the opposite sex, unless all occupants of the sleeping
quarters are members of the same immediate family.
(e) In any other facility or setting in an educational
facility where a person may be in a state of undress in the
presence of others, the educational facility shall provide
separate, private changing areas designated for use by persons
based on their sex. Except as provided by subsection (f) of this
section, no person shall enter these changing areas unless that
person is a member of the designated sex.
(f) This section shall not apply to:
(i) Single-occupancy changing areas, restrooms or
sleeping quarters that are conspicuously designated for unisex
or family use;
(ii) Changing areas, restrooms or sleeping quarters
that have been temporarily designated for use by that person's
sex;
(iii) A person of one (1) sex who uses a single-sex
changing area or restroom designated for the opposite sex, if
that single-sex changing area or restroom is the only facility
reasonably available at the time of the person's use of the
changing area or restroom and no members of the opposite sex are
present in the changing area or restroom at that time;
(iv) A person employed to clean, maintain or inspect
a changing area, restroom or sleeping quarters when the changing
area, restroom or sleeping quarters is not occupied;
(v) A person who enters a changing area, restroom or
sleeping quarters to render medical assistance or caregiving
assistance;
(vi) A person who is in need of assistance and, for
the purposes of receiving that assistance, is accompanied by a
family member, legal guardian or the person's designee who is a
member of the designated sex for the single-sex changing area,
restroom or sleeping quarters;
(vii) Any time during an ongoing natural disaster or
emergency or when necessary to prevent a serious threat to
public health or student safety;
(viii) A school official or employee who enters the
changing area, restroom or sleeping quarters while in the
performance of the official's or employee's official duties and
who takes reasonable steps to ensure that no person in the room
is in a state of undress;
(ix) A coach and members of an athletic team or
activity that includes members of both the male and female sexes
present in a changing area or restroom during an athletic
activity, in accordance with all of the following:
(A) Another suitable changing area or restroom
is not available;
(B) The coach is the coach of an athletic
activity or team with members of both the male and female sexes;
(C) All persons in the changing area or restroom
are fully clothed;
(D) If available, the coach shall be accompanied
by not less than one (1) additional adult at all times in the
changing area or restroom, provided that an additional adult
shall not be required if members of the activity or team of both
sexes are present in the changing area or restroom.
(g) Each educational facility shall provide a reasonable
accommodation to any person who is unwilling or unable for any
reason to use a changing area or restroom designated for the
person's sex and located within an educational facility, or
multi-occupancy sleeping quarters while attending an activity
sponsored by the educational facility, and who makes a written
request to the educational facility for the reasonable
accommodation. A reasonable accommodation granted under this
subsection shall not include access to a changing area, restroom
or sleeping quarters that is designated for use by members of
the opposite sex while persons of the opposite sex are present
or could be present.
(h) In each educational facility, any person who, while
accessing a changing area, restroom or sleeping quarters
designated for use by the person's sex, encounters a person of
the opposite sex may bring a cause of action for declaratory and
injunctive relief against the educational facility if:
(i) The educational facility gave that person
permission to use the changing area or restroom of the opposite
sex; or
(ii) The educational facility failed to take
reasonable steps to prohibit that person from using the changing
area or restroom of the opposite sex.
(j) A person who is required by the educational facility
to share sleeping quarters with a person of the opposite sex
shall have a private cause of action for declaratory and
injunctive relief against the educational facility.
(k) Any action initiated under subsections (h) or (j) of
this section shall be in accordance with all of the following:
(i) Any civil action shall be brought not later than
four (4) years after the event creating the cause of action has
occurred;
(ii) Any person who prevails in an action brought
under subsections (h) or (j) of this section may recover from
the educational facility five thousand dollars ($5,000.00) for
each instance that the person encountered a person of the
opposite sex while accessing a changing area, restroom or
sleeping quarters designated for use by the person's sex;
(iii) The person may also recover monetary damages
from the educational facility for all harm suffered;
(iv) Any person who prevails in an action brought
under subsections (h) or (j) of this section shall be entitled
to recover reasonable attorney fees and costs from the
educational facility;
(v) Nothing in this section shall limit any other
remedy of law or equity available to the person against the
educational facility.