Restrooms and Changing Facilities (Procedure 1.8000)

Definitions

Terms used in this procedure that are defined in section 553.865, Florida Statutes shall have the meanings given to them in that statute.

Procedure

I. General

  • Florida law requires Florida's public colleges to provide restrooms and changing facilities exclusively designated for males and females or a unisex restroom designed for a single occupant or family.  Seminole State provides both exclusive male/female designated restrooms and changing facilities, as well as limited numbers of unisex restrooms and changing facilities, in accordance with the law.  A person may only enter a restroom or changing facility designated for the opposite sex under the following conditions as outlined in Florida law:

    i. To assist or chaperone a child under the age of 12, an elderly person, a person with a disability or a person with a developmental disability;

    ii. For law enforcement or governmental regulatory purposes;

    iii. For the purposes of rendering emergency medical assistance or to intervene in any other emergency where health or safety is at risk;

    iv. For custodial, maintenance or inspections (provided the restroom is not in use); or

    v. When the designated restroom is out of order or under repair (provided the restroom is not in use by anyone of the opposite sex)

    Locations of Unisex Restrooms by Campus - Seminole State College will publish a list of unisex restroom and unisex changing facility locations on its website.

  • Any person, other than a student or employee, who improperly enters a restroom or changing facility designated for the opposite sex and refuses to depart when asked to do so by administrative personnel, faculty, security personnel, or law enforcement shall be asked to leave the campus and may be trespassed from any further or future access to any campus or college event or function.

  • Students, administrators, faculty, security personnel, and law enforcement are advised that they have the right to file a complaint with the Attorney General with regard to any alleged failure by the College to meet the minimum requirements for restrooms and changing facilities as outlined in the law.

II. Employees

Instructional or administrative personnel who willfully enter a restroom or changing facility designated for the opposite sex and refuse to depart when asked are subject to discipline as set forth herein except as provided in Section I above.

  1. Each complaint regarding violations will be investigated according to applicable Human Resources procedures and any applicable collective bargaining agreement.
  2. Disciplinary actions may utilize a progressive discipline process that includes verbal warnings, written reprimands, suspension without pay, and termination.
  3. The disciplinary action taken shall be based on the specific circumstances of the offense; however, a second documented offense will result in a termination.
  4. Violations shall be documented by completing an incident report with the Office of Safety and Security.
  5. Documentation will be retained according to the college's records retention policies.
  6. The documentation will include the name of the offender, the person that asked the offender to leave the restroom, and the circumstances of the event sufficient to establish a violation.
  7. Nothing in this section prohibits the College from immediately terminating an employee for a violation.

III. Students

The disciplinary procedures and possible sanctions for any student who, other than as permitted in Section I above, willfully enters a restroom or changing facility designated for the opposite sex on the premises of the educational institution and refuses to depart when asked to do so by administrative personnel, faculty member, security personnel, or law enforcement personnel is outlined in policy 3.090 Student Code of Conduct.

Rulemaking Authority and Law(s) Implemented: Florida Statute 553.865, Florida Administrative Code 6A-14.0061, and Policies 1.010, 1.020 and 8.010

History - Adopted 09/19/2023

Signed by:                         Date: Jan 19, 2024




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