§ 16-38-1.1 - Discrimination because of sex.
SECTION 16-38-1.1
§ 16-38-1.1 Discrimination because of sex.– (a) Discrimination on the basis of sex is prohibited in all public elementaryand secondary schools in the state and in all schools operated by the board ofregents for elementary and secondary education. This prohibition shall apply toemployment practices, admissions, curricular programs, extracurricularactivities including athletics, counseling, and any and all other schoolfunctions and activities.
(2) Notwithstanding this prohibition, schools may do thefollowing:
(i) Maintain separate restrooms, dressing, and showerfacilities for males and females;
(ii) Conduct separate human sexuality classes for male andfemale students; and
(iii) Prohibit female participation in all contact sportsprovided that equal athletic opportunities which effectively accommodate theinterests and abilities of both sexes are made available.
(3) Each local education agency shall designate an equalopportunity officer who shall be responsible for overseeing compliance withthis section within the local education agency district.
(4) The board of regents shall designate an equal opportunityofficer who shall be responsible for overseeing compliance with this sectionwithin schools operated by the board.
(5) The commissioner of elementary and secondary educationshall be responsible for enforcing this section and is empowered to promulgaterules and regulations to enforce the provisions of this section.
(b) Discrimination on the basis of sex is prohibited in allpublic colleges, community colleges, universities, and all other publicinstitutions of higher learning in the state which are operated by the board ofgovernors for higher education. This prohibition shall apply to employment,recruitment, and hiring practices, employment benefits, admissions, curricularprograms, extracurricular activities including athletics, counseling, financialaid including athletic grants-in-aid, student medical, hospital, and accidentor life insurance benefits, facilities, housing, rules and regulations,research, and any and all other school functions and activities.
(2) Notwithstanding these prohibitions, schools may do thefollowing:
(i) Maintain separate but comparable restrooms, dressing, andshower facilities for males and females, including reasonable use of staff ofthe same sex as the users of these facilities;
(ii) Provide separate teams for contact sports or for sportswhere selection for teams is based on competitive skills, provided that equalathletic opportunities which effectively accommodate the interests andabilities of both sexes are made available;
(iii) Maintain separate housing for men and women, providedthat housing for students of both sexes is as a whole both proportionate inquantity to the number of students of that sex that apply for housing andcomparable in quality and cost to the student; and
(iv) Permit the establishment and operation of universitybased social fraternities and sororities.
(3) Each individual educational institution of higherlearning shall designate an equal opportunity officer or affirmative actionofficer who shall be responsible for overseeing compliance with this sectionwithin the educational institution.
(4) The president of each public college, community college,university, and other public institution of higher learning in the state shallbe responsible for enforcing this section and is empowered to promulgate rulesand regulations to enforce the provisions of this section.