Policy 700.1 – Designation of Multi-Occupancy Restrooms, Changing Rooms, and Sleeping Quarters
Purpose
The purpose of this policy is to set rules for designating multi-occupancy restrooms, changing rooms, and sleeping quarters for the exclusive use of males or females in compliance with Arkansas law.[1] This policy does not apply to a single-occupancy restroom, changing room, or sleeping quarter, or a family restroom, changing room, or sleeping quarter.
Employees, students, affiliates and visitors to campus are prohibited from entering a restroom or changing room that is designated for the exclusive use of females or males unless he or she is a member of the designated sex or the individual’s use of the restroom or changing room falls within one of the exceptions set out in this policy.
Definitions
- “Changing room” means a room or area in which a person may be in a state of undress in the presence of others, including without limitation a locker room or a shower room;
- “Female” means an individual who naturally has, had, will have, or would have but for a congenital anomaly or intentional or unintentional disruption the reproductive system that at some point produces, transports, and utilizes eggs for fertilization;
- “Male” means an individual who naturally has, had, will have, or would have but for a congenital anomaly or intentional or unintentional disruption the reproductive system that at some point produces, transports, and utilizes sperm for fertilization;
- “Multi-occupancy” means a space designed for use by multiple persons simultaneously;
- “Restroom” means a room that includes one or more toilets or urinals;
- “Sex” means an individual’s biological sex, either male or female; and
- “Sleeping quarter” means a room with a bed in which more than one individual is housed overnight.
Designations of Multi-Occupancy Restrooms and Changing Rooms
The Director of Facilities and Safety, in conjunction with the VC for Student Affairs and the Director of Human Resources, shall designate each multi-occupancy restroom and changing room in every building or related facility occupied by the campus for the exclusive use of females or males. A sign shall be posted outside of each multi-occupancy restroom and changing room indicating if it is for the exclusive use of females or males. The Director of Facilities and Safety may redesignate a multi-occupancy restroom or changing room designated for exclusive use by one sex to a designation for exclusive use by the opposite sex as needed.
Designations of Sleeping Quarters
The Assistant Dean of Students / Housing Director shall designate each sleeping quarter in every building or related facility occupied by the campus for the exclusive use of females or males. The Assistant Dean of Students and Housing Director shall keep a written or electronic record of the designation assigned to each sleeping quarter. The Assistant Dean of Students and Housing Director may redesignate a sleeping quarter designated for exclusive use by one sex to a designation for exclusive use by the opposite sex as needed.
Use of Exclusively Designated Restrooms, Changing Rooms, and Sleeping Quarters
Every restroom, changing room, or sleeping quarter that is designated for the exclusive use of females or males shall only be used by a member of the designated sex. A person shall not be required to share a sleeping quarter with a member of the opposite sex. A person shall not enter a restroom or changing room that is designated for the exclusive use of females or males unless he or she is a member of the designated sex or falls within one of the exceptions listed below.
A person is not prohibited from entering a restroom, changing room, or sleeping quarter designated for the exclusive use of members of the opposite sex to:
- Perform custodial services or maintenance;
- Render medical assistance;
- Perform duties arising under the course and scope of employment as a law enforcement officer, employee, or contractor;
- Seek protection in a designated shelter area during a threat of an emergency or natural disaster;
- Provide aid during a threat of a natural disaster or a serious threat to good order or safety;
- Assist an individual protected by the Americans with Disabilities Act of 1990;
- Accompany young children in need of assistance;
- Assist an elderly person requiring aid; or
- Address, supervise, or treat athletes that the individual is overseeing as a coach
or an athletics personnel member during a reasonable time before an athletic event,
during an athletic event, or immediately following an athletic event (including practices)
if:
- The coach or the athletics personnel member verifies that no person is in a state of undress at any time while the coach or athletics personnel member is present; and
- An adult other than the coach or athletics personnel member is also present. A second student athlete of majority age shall constitute a second adult.
Policy Enforcement
This policy shall be posted on the University’s website.
Any person who encounters a person of the opposite sex in a restroom or changing room designated for the exclusive use of one sex may report the encounter to the Director of Human resources by phone, email or in person at:
Human Resources office: Fullerton Administration, Suite 217
Human Resources email: hrdeptFREEuafs
Human Resources phone: 479-788-7080
The Director of Human Resources shall forward the matter for review to the Dean of Students if the alleged violation involved a student or to the appropriate party in Human Resources if the alleged violation involved an employee, affiliate or visitor. Following a determination that a violation has occurred, the Dean of Students or the Director of Human Resources or designee shall take appropriate action to prevent future violations of this policy.
Employees shall adhere to applicable privacy laws during the review and response to a violation reported under this policy.
[1] Act 955 of 2025; Ark. Code Ann. § 22-3-2202.