President Cantwell Updates USU Community on Implementation of HB 257, HB 261

Editor's note: The following message was emailed to all USU students, faculty and staff on March 7.

Dear Students, Faculty, and Staff:

As promised, I have more details and information about how two new laws (HB 257 and 261) affect Utah State University and community members. We have released additional answers to your questions online, including the following:

Does HB 257 restrict how people can use restrooms?

You may have heard HB 257 referred to as the “bathroom bill” or “bathroom ban” in the media. However, this bill does not restrict the use of restrooms on campus unless the restroom is within or attached to a changing room. The new law does affect the use of changing rooms.

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 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.

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.

Can university units form clubs, organizations, or professional associations to support underrepresented students or employees?

USU maintains an "all-comers" policy. As long as all clubs and organizations, as well as the programs and services they offer, are open to all students (or employees), they comply with both state and federal law.

How does HB 261 affect course content or research?

Classroom instruction and research are not affected by the bill. Both were specifically excluded.

Again, please visit the FAQ webpage to learn more. If you still have questions, you can submit them using the “submit a question” form at the bottom of that same webpage.

I realize you may have more specific questions, and I have a team working to create a tool to assess programs and offerings to ensure they are both inclusive and in compliance with state and federal laws. Additionally, and as I mentioned in my last message to the USU community, we are working on an organizational design process that will include changes to USU’s diversity, equity, and inclusion work, as well as student success programs. We will have more information about those changes this summer.

Thank you for your patience as we work through the impacts of these bills and through changes to our organization. I wish you a well-deserved spring break and look forward to seeing you on campus for the remainder of spring semester.

Best regards,

Elizabeth R. Cantwell

President