On Jan. 30, Utah Governor Spencer Cox signed two bills that affect diversity, equity, and inclusion in public institutions in the state: HB 261 Equal Opportunity Initiatives and HB 257 Sex-Based Designations for Privacy, Anti-Bullying, and Women’s Opportunities. Utah State University remains committed to USU’s mission of excellence, access, and inclusion for all members of our communities across Utah and will work within the guardrails of state law to ensure our campuses are a place where everyone feels welcome.
USU President Cantwell sent a message to the campus community on Jan. 26, and university leaders will continue to provide updates via email as they review the laws and how they will impact our campuses. Though we do not yet have answers to all the questions, we have started an FAQ below to help address what we know about the impacts of the new laws. You may also submit a question of your own at the bottom of the page, so that we can gather information and provide answers in the future.
HB 257 Frequently Asked Questions
During the 2024 Legislative session, the Utah Legislature passed HB 257 “Sex-based Designations for Privacy, Anti-bullying, and Women’s Opportunities.” You may have heard this bill referred to as a “bathroom bill” or “bathroom ban” in the media. However, the bill does not restrict the use of restrooms on campus unless the restroom is within or attached to a changing room. This bill does affect the ability to use gender-designated changing rooms in public buildings, including on USU’s campus. The bill also restricts the use of gender-designated restrooms in K-12 public schools.
When does the law take effect?
The law takes effect May 1, and we will have more answers for our community in the coming months.
Does USU already have any all-gender bathrooms?
Yes, a few years ago, Utah State made a push to add all-gender bathrooms to buildings throughout our Logan campus. You can locate these restrooms using our university map.
Can a person use a restroom on campus that does not match their sex assigned at birth?
Yes. A person can use the gender-designated restroom for the gender with which they identify unless the restroom is attached to or contained in a changing room. A changing room is a space designated for multiple individuals to dress or undress within the same space (i.e. a dressing room, fitting room, locker room, or shower room).
Is there a penalty for using a restroom that does not match sex assigned at birth?
No. It is legal to use the restroom matching a your gender identity – even one that does not match your sex assigned at birth – unless the restroom is attached to or contained in a changing room. However, certain behavior is (and always has been) criminal regardless of your gender identity or which restroom you are in, including lewdness, voyeurism, and loitering. HB 257 did not change that. If the restroom is attached to a changing room, a person could be charged with criminal trespass for using the restroom that does not match their sex assigned at birth. You can read more about this in the next FAQ.
What is the penalty for using a changing room that does not match sex assigned at birth?
According to HB 257, a person may not use a changing room (or attached restroom) designated for a single sex different from their sex assigned at birth unless that person has both: (1) amended the sex designation on their birth certificate and (2) undergone primary sex characteristic surgery (known as “bottom surgery”). If a person violates this prohibition, they could be charged with criminal trespass. They could face additional criminal penalties if they also commit lewdness, voyeurism, or loitering while in the changing room or attached restroom.
Note that, according to the new law, exposing or uncovering genitalia that does not correspond with the sex designation of the changing room in the common area of the changing room is considered lewdness in some cases. The penalties for committing these offenses in a changing room that is not designated for the sex a person was assigned at birth may also be more severe than committing them in other public places.
It is important to note that HB 257 does not apply to intersex individuals.
Are there any gender-neutral changing rooms with showers on campus?
There is a gender-neutral single shower and restroom in the Aggie Recreation Center, room 210. USU is inventorying existing changing rooms and will update this FAQ in the coming days.
What if an individual needs to enter a changing room other than the one designated for their sex assigned at birth to do their job or help someone else?
HB 257 allows the caretaker of a dependent minor or dependent adult to enter a changing room other than the one designated for their sex assigned at birth to assist that person. The law also allows those providing public safety services (like law enforcement and medical services), employees of a health care facility providing care to a patient, and employees whose job duties include maintenance or cleaning to enter a changing room other than the one designated for their sex assigned at birth.
What if an individual doesn’t feel comfortable or safe using a sex-designated restroom?
Utah State remains committed to providing resources for everyone in the campus community to feel safe. If you do not feel safe or comfortable using a sex-designated restroom, USU provides several all-gender restrooms across campus. You can find a list on the Inclusion Center’s website. These all-gender restrooms are also available on the Logan campus map.
Utah State is also actively reviewing existing facilities, including restrooms and changing rooms, to identify ways to enhance privacy and provide gender-neutral facilities.
Will the new law impact those living in campus housing?
Utah State Housing Services offers several options for housing, including gender-inclusive housing options. In Mountain View Tower, there are some shared shower rooms that meet the HB 257 definition of “changing room.” This means that a person may not use these shower rooms designated for a sex other than their sex designated at birth unless they have changed the gender on their birth certificate and had bottom surgery. Other campus housing options (like Canyon Crest Suites and Merrill Hall) have single-user restrooms and showers. These restrooms are not impacted by HB 257.
What should an individual do if they have concerns about safety in restrooms?
Individuals should report all safety concerns to the USU Public Safety Department by calling (435) 797-1939. Non-safety concerns, including issues of bias should be reported to the Social Climate Support Team by completing a bias incident form.
HB 261 Frequently Asked Questions
How will the new law affect USU’s work in diversity, equity, and inclusion?
USU will remain committed to creating an inclusive campus, working within the guardrails of state law to ensure the university is a place where everyone has the opportunity to succeed. USU leaders have closely watched the legislation and will thoughtfully approach any changes that may be necessary to comply with the law, which will take effect on July 1, 2024.
How will the Division of Diversity, Equity, and Inclusion change?
HB 261 directly addresses offices by this name specifically. USU is currently conducting a redesign process for the academic enterprise at the university. Though there may be structural changes to the central division overseeing these efforts, the work of creating access, opportunity, and belonging has always been shared by all employees at USU and will continue.
How will HB 261 affect our cultural centers?
Based on the bill sponsors’ statements, we believe that our cultural centers will remain open and continue to serve our campus community. However, we won’t know the full impact on USU or changes necessary until we are able to do a full review. We realize this uncertainty is stressful, and we encourage faculty, staff, and students to reach out with questions to Jane Irungu.
How does HB 261 affect the trainings offered by USU?
HB 261 prohibits mandatory trainings containing “discriminatory practices” as defined in 53B-1-118 of the law. While USU does not mandate any DEI trainings across the university, individual academic and non-academic units may have their own trainings for their employees and students. It is advised that no trainings include the “discriminatory practices” defined in HB 261. Additionally, optional training are not covered by the bill. In order for the training to be optional, students and employees cannot face an adverse action if they do not attend.
How will the new law change our hiring practices?
Utah State does not discriminate or tolerate discrimination based on a person’s identity. USU’s practices in hiring are aimed at casting a wide net to attract the best candidates possible and minimize bias in the hiring process. USU is an equal opportunity employer and does not use quotas nor hire on the basis of identity. The university began phasing out the use of diversity statements in spring 2023 and no longer permits this practice. Supervisors and search managers may reach out to Human Resources if they have questions about inclusive hiring.
How will the new legislation affect course content or research?
Classroom instruction and research are not affected by the bill. Both were specifically excluded.
What words and language are or are not allowed? Will the new law change our trainings or training requirements?
Over the next few months, USU leaders will be reviewing training and program content to ensure it complies with the new law. USU does not require mandatory diversity, equity, and inclusion trainings, and we anticipate existing trainings will not be greatly affected.
Will the Native American Scholarship Be Cancelled?
No. Eligibility for USU’s Native American Student Scholarship is based on membership in a federally recognized tribe and not a personal identity as defined by HB 261. The university will continue to offer this scholarship to eligible students.
How does HB 261 affect other scholarships?
USU offers scholarships based on need or merit and not based on a student’s protected status/personal identity characteristics. This was already prohibited by federal law.
HB 261 specifically addresses free speech. What resources are available to the USU community to better understand free speech rights?
Free speech is the foundation of higher education and paramount to fulfilling the university’s mission of excellence, access, and inclusion and thereby empowering all people to lead successful lives of involvement, innovation, and impact. More information about USU’s policies and practices on free speech are available at freespeech.usu.edu.
Can university units form clubs, organizations, or professional associations to support underrepresented students or employees?
USU maintains as "all-comers" policy. As long as all clubs and organizations and the programs and services they offer are open to all students (or employees), they are in compliance with both state and federal law.
How does HB 261 affect the “DEI statements” by academic and non-academic units which promise to support diversity, equity, and inclusion?
University officials are working on guidance for changes to practices and language associated with DEI to reflect USU’s inclusive excellence approach. University units may wait for this guidance. Changes made before then should reflect that the university provides opportunities for support and education to all students and does not provide services to individuals based on their personal identity characteristics.
How will HB 261 impact grants from entities outside USU that have DEI requirements?
First, sponsored research is excluded from HB 261. However, if a federal or state grant has a non-research deliverable, and includes requirements inconsistent with HB 261, it will need to be reviewed and approved by university leadership and the USU Board of Trustees. Internal grants from USU should not include “discriminatory practices” as defined in 53B-1-118 of the law.
How should academic units respond to accreditation requirements for diversity, equity, and inclusion, while still complying with HB 261?
While there is a limited exception in HB 261 for programs required for accreditation, you should be transparent with the accrediting body about HB 261 and its impacts, including an explanation that:
- USU is responding to recent legislation that will impact how the institution approaches diversity, equity, and inclusion issues.
- As an institution, we are shifting to an inclusive excellence model that focuses on fostering learning environments where all faculty and students feel welcome and everyone has an opportunity to succeed.
In practice, this requires the academic units to extend their inclusion efforts beyond any identity categories and to ensure all students are served by the programs and services. On specific questions regarding accreditation and DEI requirements, consult with Legal Affairs and the Division of DEI.