Equity and Access: Gender Identity, Gender Expression, Names and Pronouns

The University is committed to providing equal access and opportunity to individuals of all gender identities and gender expressions, as set forth in Board of Regents Policy: Diversity, Equity, Equal Opportunity, and Affirmative Action. To that end, this policy makes explicit the University’s commitment to non-discriminatory programs, activities and facilities and promotes a respectful University community free from discrimination based on gender identity or expression. This policy is designed, and will be implemented, to uphold free speech and academic freedom principles.

Name, Gender Identity, and Pronouns

1. University members may, without being required to provide documentation: use a chosen name that differs from the name listed on their legal documents, use a gender identity that differs from their legal sex and/or sex assigned at birth, and/or specify the pronouns and other gendered personal references (e.g., Ms., Mx., Mr.) used to refer to them.
2. University members can determine whether, how, and with whom to share their chosen names, gender identities, and/or pronouns or other gendered personal references used to refer to them.
3. University members and units are expected to use the names, gender identities, and pronouns specified to them by other University members, except as legally required. For example, the use of legal names is required on certain legal documents. University members and units are also expected to use other gendered personal references, if any, that are consistent with the gender identities and pronouns specified by University members.

Privacy

Units must take reasonable steps to maintain the privacy of the pronouns, gender identities and legal sexes of University members that are maintained in University records. Only school officials with a legitimate educational interest in knowing the pronouns, gender identity and legal sex of a student maintained in University records should access, or be provided access to, this information. Only individuals whose work assignments reasonably require access to the pronouns, gender identity and legal sex of any other University member maintained in University records should access, or be provided access to, this information. In addition, where a University member has indicated a chosen name, units should maintain the privacy of the University member’s legal name when possible.

Data Collection

Where possible, a University unit or member who is collecting information about University members’ legal sexes, sexes assigned at birth, and/or gender identities should explain at the time of collection the reason for collecting the information and how the information will be used. University members do not have to respond to requests to disclose their legal sex, sex assigned at birth, or gender identity, except when legally required or when there is a legitimate University-related reason for the request.

Programs, Activities and Facilities

1. When the University provides housing, restrooms and locker rooms, it will provide individuals of all gender identities with the opportunity to access housing, restrooms and locker rooms.
2. University members may access gender-specific facilities that correspond with their gender identities and may participate in University activities and programs consistent with their gender identities including, but not limited to, housing, restrooms, locker rooms, recreation services and activities, and camp programs.
3. University members will not be required to use gender-specific facilities that are inconsistent with their gender identities, or to use all gender facilities: 1) because their legal sex differs from their gender identity, or 2) because of their gender expression.

Potential Conflicts

University members are expected to consult with the Equal Opportunity & Title IX Office and the Office of the General Counsel (OGC) if they believe that complying with this policy would result in a failure to comply with a law, rule, and/or requirement that the University is required to or has committed to follow (e.g., building codes, contractual requirements, rules of membership organizations such as the NCAA, or grant requirements). OGC, in consultation with Equal Opportunity & Title IX, will advise the University member as to whether, under the specific circumstances, there is a conflict necessitating an exception to this policy.