(a) In each educational facility: (i) Each multi-occupancy changing area, restroom and sleeping quarters shall be designated by the educational facility for use exclusively for males or exclusively for females; (ii) Every multi-occupancy changing area, restroom and sleeping quarters designated for one (1) sex shall be used only by members of that sex. (b) In each educational facility, no person shall enter a changing area that is designated for one (1) sex unless that person is a member of that sex. (c) Each educational facility that offers housing for student residents shall provide students the option to be housed only with persons of the same sex. (d) During any activity or event authorized by an educational facility where persons share sleeping quarters, no person shall be required to share sleeping quarters with a member of the opposite sex, unless all occupants of the sleeping quarters are members of the same immediate family. (e) In any other facility or setting in an educational facility where a person may be in a state of undress in the presence of others, the educational facility shall provide separate, private changing areas designated for use by persons based on their sex. Except as provided by subsection (f) of this section, no person shall enter these changing areas unless that person is a member of the designated sex. (f) This section shall not apply to: (i) Single-occupancy changing areas, restrooms or sleeping quarters that are conspicuously designated for unisex or family use; (ii) Changing areas, restrooms or sleeping quarters that have been temporarily designated for use by that person's sex; (iii) A person of one (1) sex who uses a single-sex changing area or restroom designated for the opposite sex, if that single-sex changing area or restroom is the only facility reasonably available at the time of the person's use of the changing area or restroom and no members of the opposite sex are present in the changing area or restroom at that time; (iv) A person employed to clean, maintain or inspect a changing area, restroom or sleeping quarters when the changing area, restroom or sleeping quarters is not occupied; (v) A person who enters a changing area, restroom or sleeping quarters to render medical assistance or caregiving assistance; (vi) A person who is in need of assistance and, for the purposes of receiving that assistance, is accompanied by a family member, legal guardian or the person's designee who is a member of the designated sex for the single-sex changing area, restroom or sleeping quarters; (vii) Any time during an ongoing natural disaster or emergency or when necessary to prevent a serious threat to public health or student safety; (viii) A school official or employee who enters the changing area, restroom or sleeping quarters while in the performance of the official's or employee's official duties and who takes reasonable steps to ensure that no person in the room is in a state of undress; (ix) A coach and members of an athletic team or activity that includes members of both the male and female sexes present in a changing area or restroom during an athletic activity, in accordance with all of the following: (A) Another suitable changing area or restroom is not available; (B) The coach is the coach of an athletic activity or team with members of both the male and female sexes; (C) All persons in the changing area or restroom are fully clothed; (D) If available, the coach shall be accompanied by not less than one (1) additional adult at all times in the changing area or restroom, provided that an additional adult shall not be required if members of the activity or team of both sexes are present in the changing area or restroom. (g) Each educational facility shall provide a reasonable accommodation to any person who is unwilling or unable for any reason to use a changing area or restroom designated for the person's sex and located within an educational facility, or multi-occupancy sleeping quarters while attending an activity sponsored by the educational facility, and who makes a written request to the educational facility for the reasonable accommodation. A reasonable accommodation granted under this subsection shall not include access to a changing area, restroom or sleeping quarters that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present. (h) In each educational facility, any person who, while accessing a changing area, restroom or sleeping quarters designated for use by the person's sex, encounters a person of the opposite sex may bring a cause of action for declaratory and injunctive relief against the educational facility if: (i) The educational facility gave that person permission to use the changing area or restroom of the opposite sex; or (ii) The educational facility failed to take reasonable steps to prohibit that person from using the changing area or restroom of the opposite sex. (j) A person who is required by the educational facility to share sleeping quarters with a person of the opposite sex shall have a private cause of action for declaratory and injunctive relief against the educational facility. (k) Any action initiated under subsections (h) or (j) of this section shall be in accordance with all of the following: (i) Any civil action shall be brought not later than four (4) years after the event creating the cause of action has occurred; (ii) Any person who prevails in an action brought under subsections (h) or (j) of this section may recover from the educational facility five thousand dollars ($5,000.00) for each instance that the person encountered a person of the opposite sex while accessing a changing area, restroom or sleeping quarters designated for use by the person's sex; (iii) The person may also recover monetary damages from the educational facility for all harm suffered; (iv) Any person who prevails in an action brought under subsections (h) or (j) of this section shall be entitled to recover reasonable attorney fees and costs from the educational facility; (v) Nothing in this section shall limit any other remedy of law or equity available to the person against the educational facility. CHAPTER 28 - PROHIBITED PRACTICES OF STATE INSTITUTIONS
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