Compliance Briefing: Ohio Bathroom Bill (SB 104) (Higher Education Webinar)

On November 27, 2024, Ohio Governor DeWine signed Senate Bill 104 (“S.B. 104”), which will take effect on February 25, 2025. This bill touches every corner of campus – from academic buildings to residence halls, from recreation centers and athletics locker rooms and medical training rooms to rentable event spaces.

The bill imposes several requirements and restrictions on higher education institutions. The bill requires higher education institutions to designate student restrooms, locker rooms, changing rooms, and shower rooms for exclusive use of identified “biological sex” as defined in S.B. 104. R.C. 3345.90(B)(1).  S.B. 104 prohibits an institution from “knowingly permit[ing] a member of the female biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the male biological sex” and the same is true for “biological males” not being permitted to use facilities designated for “biological females.”  R.C. 3345.90(B)(2). It prohibits an institution from “construct[ing], establish[ing], or maintain[ing] a multioccupancy facility that is designated as nongendered, multigendered, or open to all genders.” R.C. 3345.90(B)(3). The bill permits a college to draft a policy on the use of multi-occupancy facilities, and, if adopted, it must provide an option for “alternative accommodations, including, but not limited to, the use of single-occupancy facilities or faculty facilities.” R.C. 3345.90(C).

Our webinar will provide insights into these requirements, illustrate potential compliance issues with Title VII and Title IX, the Ohio Building Code, and disability laws; outline a framework for compliance related to policy development, residence hall concerns, athletics operations, facilities management, and other considerations.