UW-Milwaukee Restroom Policy Brings Mixed Reaction

As controversy swirls around a proposed statewide restroom bill for K-12 students, the University of Wisconsin-Milwaukee guarantees students and the public have the right to use any restroom that they prefer, whether it is a matter of transitional status or non-binary identity.

This includes locker room facilities at the Klotsche Center, campus officials said. Reaction on campus to this policy is varied, but the university has received no complaints.

“We protect our students, we encourage them to use the restrooms that aligns with the gender they idenify with,” said Dr. Tim Gordon, Dean of Students at UWM.  “We really focus and value a policy that covers students being able to express themselves and be protected under gender identity and expression. We don’t use a binary.”

The university also offers over 50 gender-inclusive restrooms around campus as an option for students who feel uncomfortable using the male or female-assigned spaces. There are currently no gender inclusive restrooms at Klotsche Center.

“We provide inclusive restrooms certainly to address a number issues,” said Gordon. “Whether it’s gender identity, or expression of a caregiver or for someone who may not align with the social norms of restroom use.”

Gordon says that this policy is not just limited to transgender or transitioning students. Anybody is free to use any restroom they prefer on campus.

“That would be based on how a student sees their gender identity and expression,” said Gordon. “So, of course we expect students using whatever they are using to be appropriate to follow appropriate guidelines. If someone were to do something that violated those guidelines and campus policies, we would certainly take action. There are safeguards if there were student discomfort with this or if something inappropriate happened, there are ways to address that.”

UWM student Devin Gatton, disagrees with the university policy. “If they were all privacy stalls, I would have no issue with it,” said Gatton. “It would make it no different than the gender neutral bathrooms that we have now, but that would require major upgrades at school, and a lot of money. Until they do, we should not allow males or females to enter the opposite genders bathrooms.”

The proposed bill which started this restroom discussion was circulated for co-sponsorship by Rep. Jesse Kremer and Sen. Steven Nass in early October. After two months, the bill has still not have received enough support within the legislature to be called for a vote. The bill would require Wisconsin K-12 public schools to assign any multiple-occupancy restroom or changing room for use by single sex. The bill defines sex as, “the physical condition of being male or female, as determined by an individual’s chromosomes and identified by birth by that individual’s anatomy.”

Kremer said in a press release, “This bill is first and foremost to keep our kids safe. Clarifying the appropriate use of bathroom and locker facilities will ensure that the dignity of all students is respected on the areas where privacy and safety are paramount.”

Right now, the circulated bill only includes K-12 public schools, however some wonder whether the proposed legislation could be amended to include the UW System in the future.

Gatton believes transitioning students are different.

“However, if an individual feels that they need to go into a male bathroom, and they are transitioning from female to male, then I take absolutely no issue with it, said Gatton. “I’m in the bathroom to use the bathroom, not to go stall searching. I understand that there could be some problems with it, but I’ve yet to heard of someone who is transgender looking over the top of stalls to stare at girls.”

Thomas Dougherty, Chairman of College Republicans of UWM, feels Kremer is trying be proactive with a gender specific restroom bill, since there could be a risk for abuse.

“It’s a touchy subject,” said Dougherty. “We kind of need to draw the line somewhere. There are bad people, it’s unfortunate, but we must account for the worst of people.” Dougherty believes transgender students should use whatever bathroom they want too, but also must account for the people taking advantage of the small minority.

UWM student, Briana Newkirk fully supports this policy and argues that there should be a national level law similar to UWM’s policy.

“I think it’s one way we can destruct the gender dichotomy,” says Newkirk. “I don’t think the bathrooms should be gender specific because gender is so fluid. When you have a bathroom that is labeled man or woman, you exclude a lot of people from that category. Gender and sex are two different categories, sex is biological. Since we distinguish restrooms by gender, I think having them all gender neutral is completely appropriate. There is no way for someone to tell what anatomy I have.”

Newkirk does not fear potential abuse with this policy.

“As a woman, if we make the assumption if a man is allowed into a woman’s restroom, I have to fear being assaulted, that also puts men into a category where we assume they are all assaulters. I think that’s equally as harmful. I feel just as safe and have the same chance of being assaulted by a woman in a restroom.”

Sarah DeGeorge, executive assistant of the LGBT Resource Center at the University of Wisconsin-Milwaukee, agrees with Newkirk.

“There are other countries where there are not gendered restrooms,” said DeGeorge. “When you think about it, the idea of having these separate spaces is a little silly. I don’t get it, I just want to pee.”

DeGeorge identifies as transgender and says having specific bathrooms for transgender students would only make things more difficult for transgender students by further isolating them from the rest of society. She does not understand why people get uncomfortable with transgender people using the restrooms they identify with.

In regards to people’s reactions in using a public restroom, DeGeorge said she has never had an issue with it. However, she still does not feel fully comfortable at times using a public restroom due to the discrimination and physical assault against transgender people across the country.

UWM student Gurkirat Sekhon does not identify as neither a man or woman.

“Going to the bathroom feels like an admission that I am conforming to a culture, that only allows people to be a man or woman, said Sekhon. “That’s kind of frustrating. I live in a space where am I not really allowed to present anything other what a male-body person would look like. I don’t really have the freedom to be all the queer that I am. I don’t want to have to pretend I am okay or compliant with the way our culture defines masculinity or feminity. I think that something as personal as using a bathroom shouldn’t define who I am. It feels really uncomfortable to conform that way.”

Elizabeth Albert, UWM Masters student adds focusing on gender binary can make parenting difficult. For instance, consider a father who has young daughters who need to use the restroom in a public place.

“If you’re not sure of your daughter going in there by herself, it makes it harder for fathers to help their daughters to help them in the bathroom, which is a natural occurrence in children’s lives, said Albert. “Or if it’s a busy space, parents still want to keep an eye on their kid. Sitting outside the restroom can be awkward for dads, since it’s women’s restroom and father’s feel they can’t help their daughter. I think it would be positive for more women to see father’s taking care of their children in that way, and embracing the feminine identity that their daughters may have.”

Gordon says there has been no reported complaints with this policy as long as he has been with UWM. “Our campus discriminatory policy and Office of Equity/Diversity Services covers if something inappropriate were to happen in a restroom, they have the right and certainly can express those concerns. There are mechanisms to do so.”

The UWM Police Department reports show there has been no reported sexual harassment in campus restrooms within the last five years. UWM Police Sgt. Tim Hansen has worked for the university for four years and said he also has not received any complaints with this policy. Hansen reiterates students have the right to use whatever restroom they prefer. If there were complaints about a person abusing this policy, the police would analyze the actions of the person.

Statewide, there is no law regarding gender use and restrooms. Meaning, nothing legally is prohibiting a man using women’s restroom or a woman using a men’s restroom. It’s more of a “social norm” says UWM Associate Professor and legal expert Sarah Benesh. There wouldn’t necessarily be a criminal charge of a person using a restroom of the opposite sex (unless some other law was broken by the person using it). The only law in Wisconsin concerning restrooms is with building codes.