Or. Admin. Code § 715-012-0205 - Menstrual Products Availability

(1) For the purpose of this rule:

(a) 'Commonly accessible area' means an area within a building accessible to all students who have regular access to such building, and that is not located in an area of the building principally designated for student housing,

(b) 'Dispenser' means a means a container sufficient to hold menstrual products and can include, for example purposes only, a wall installation, a shelf or counter container, or a drawer, and is not required to be a commercially available dispenser. A dispenser that is not plainly visible to students shall be labeled,

(c) 'Educational Services' means any service provided by a community college or public university listed in ORS 352.002 directly and primarily available to students in buildings and facilities, including, but not limited to, buildings where classes are held, on-campus student housing, dining, and student support services, and

(d) 'Student Bathroom' means a bathroom located in a building where educational services are provided.

(2) Each community college or public university listed in ORS 352.002 shall ensure that both tampons and sanitary pads are available at no cost to students.

(3) For the period commencing on the effective date of this rule through June 30, 2022, such products shall be available in no fewer than two student bathrooms in each building used by a public education provider to provide educational services to students. If such building has a gender-neutral student bathroom, at least one dispenser shall be located in such bathroom. If such building has one student bathroom, such products shall be available in that bathroom.

(4) For the period commencing July 1, 2022, such products shall be available in all student bathrooms in each building used by a public education provider to provide educational services to students, regardless of the gender designation of such student bathroom.

(5) Notwithstanding sections (3) and (4) of this rule, for buildings for which the primary purpose is on-campus student housing, each community college or public university listed in ORS 352.002 shall offer both tampons and sanitary pads in commonly accessible areas of such building.

(6) Each community college or public university listed in ORS 352.002 shall offer both tampons and sanitary pads in various sizes throughout campus, but are not required to offer each product in each size in all student bathrooms. Institutions shall make a reasonable effort to ensure that a variety of products are available at all institution-operated sites with qualifying buildings and facilities.

(7) Products made available under this rule shall be:

(a) Of sufficient quality to meet the menstrual needs of students, and

(b) Unscented.

(8) Distributions from the community college support fund and public university support fund, made in accordance with applicable agency rules governing such distributions, may be used to cover costs incurred by institutions under this rule.

(9) Each institution of higher education covered under this rule shall provide notification to all students of the availability of such products once during the 2022-2023 academic year, and to newly enrolled students each academic year thereafter.

Notes

Or. Admin. Code § 715-012-0205

HECC 2-2022, adopt filed 06/13/2022, effective 6/13/2022

Statutory/Other Authority: Chapter 81, 2022 Oregon Laws.

Statutes/Other Implemented: Chapter 81, 2022 Oregon Laws.