The availability of a unisex facility or single-occupant facility satisfies a government entity‘s obligations regarding an individual who, because of the individual’s gender identity, as defined in Section 34A-5-102, or reasonable fear of bullying, is uncomfortable using:

(1) for a student, a privacy space in accordance with Section 63G-31-301; or

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Terms Used In Utah Code 63G-31-303

  • Changing room: includes :
              (1)(b)(i) a dressing room, fitting room, locker room, or shower room; and
              (1)(b)(ii) a restroom when a changing room contains or is attached to the restroom. See Utah Code 63G-31-101
  • Facility: includes a subset of a publicly owned or controlled building, structure, or other improvement, including a restroom or locker room. See Utah Code 63G-31-101
  • Government entity: means :
         (3)(a) the state; or
         (3)(b) any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, including:
              (3)(b)(i) a state institution of higher education as defined in Section 53B-2-101; or
              (3)(b)(ii) a local education agency as defined in Section 53G-7-401. See Utah Code 63G-31-101
  • Privacy space: means a restroom or changing room within a publicly owned or controlled facility, where an individual has a reasonable expectation of privacy. See Utah Code 63G-31-101
  • Single-occupant: means , in relation to a single-occupant facility or privacy space, that the facility or privacy space:
         (11)(a) has floor-to-ceiling walls;
         (11)(b) has an entirely encased and locking door; and
         (11)(c) is designated for single occupancy. See Utah Code 63G-31-101
  • Unisex: means , in relation to a unisex facility or privacy space, that the facility or privacy space:
         (12)(a) is designated for the use of both sexes; or
         (12)(b) is not sex-designated. See Utah Code 63G-31-101
(2) a changing room in accordance with Section 63G-31-302.