Safe Dormitories Act; enact.

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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Seymour

SENATE BILL NO. 2342

AN ACT TO ENACT THE "SAFE DORMITORIES ACT"; TO SET THE 1
LEGISLATIVE FINDINGS AND DEFINITIONS; TO PROVIDE THAT ANY PUBLIC 2
BUILDING THAT MAINTAINS MULTIPLE-OCCUPANCY DORMITORY ROOMS SHALL 3
PROVIDE STUDENT RESIDENTS THE OPTION TO BE HOUSED ONLY IN A 4
DORMITORY ROOM WITH ROOMMATES OF THE SAME SEX; TO PROHIBIT A 5
PERSON FROM ENTERING INTO A DORMITORY ROOM DESIGNATED EXCLUSIVELY 6
FOR USE BY PERSONS OF THE OPPOSITE SEX; TO SET CERTAIN SPECIFIC 7
EXCEPTIONS RELATED TO THIS PROHIBITION; TO REQUIRE ANY APPLICABLE 8
GOVERNMENTAL ENTITY TO ESTABLISH REGULATIONS AND DISCIPLINARY 9
PROCEDURES FOR ANY SUCH PERSON; TO ESTABLISH CERTAIN VIOLATIONS OF 10
THE ACT; TO AUTHORIZE PRIVATE ENFORCEMENT OF THE ACT AND CAUSES OF 11
ACTION; TO REQUIRE THE ATTORNEY GENERAL TO BRING AN ACTION TO 12
ENFORCE COMPLIANCE WITH THE ACT; TO PROVIDE A SEVERABILITY CLAUSE 13
TO THE ACT; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. (1) This act shall be known and may be cited as 16
the "Safe Dormitories Act." 17
(2) The Legislature finds that females and males should be 18
provided areas, including dormitories, for their exclusive use, 19
respective to their sex, in order to maintain public safety, 20
decency, decorum, and privacy. 21
(3) For purposes of this act, the following terms shall have 22
the meanings ascribed herein: 23
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(a) "Dormitory room" means a separate room or rooms, 24
located within a residence hall or sorority or fraternity house at 25
an institution of higher learning or community college, to be used 26
as living quarters for an individual student and his or her 27
roommates, but excludes halls, lobbies, and other common areas of 28
the residence hall. 29
(b) "Public building" means any building, facility, or 30
space owned, leased, or controlled by, or leased to, the state, 31
counties, municipalities, institutions of higher learning, 32
community colleges, or any political subdivision. 33
(c) "Female" means an individual who has, had, will 34
have through the course of normal development, or would have had 35
(but for a developmental anomaly, genetic anomaly, disease, or 36
injury) the reproductive system that at some point produces ova. 37
(d) "Male" means an individual who has, had, will have 38
through the course of normal development, or would have had (but 39
for a developmental anomaly, genetic anomaly, disease, or injury) 40
the reproductive system that at some point produces sperm. 41
(e) "Sex," when used to classify a natural person, 42
means the biological indication of male and female at birth, 43
without regard to an individual's "gender identity" or any other 44
terms intended to convey a person's psychological, chosen, or 45
subjective experience or sense of self. 46
(f) "Girl" means a minor human female. 47
(g) "Boy" means minor human male. 48
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(h) "Woman" means an adult human female. 49
(i) "Man" means an adult human male. 50
(j) "Mother" means a female parent. 51
(k) "Father" means a male parent. 52
SECTION 2. Any public building that maintains 53
multiple-occupancy dormitory rooms shall, subject to its other 54
ordinary terms and conditions of dormitory occupancy, provide 55
student residents the option to be housed only in a dormitory room 56
with roommates of the same sex. 57
Except as provided in this act, for purposes of this act, a 58
person may not enter a dormitory room designated exclusively for 59
use by persons of the opposite sex. 60
SECTION 3. The requirements of Sections 2, 4, 5, 6, and 7 of 61
this act do not apply to any person entering a dormitory room for 62
the following purposes: 63
(a) To accompany a person of the opposite sex for the 64
purpose of assisting or chaperoning a child under the age of 65
twelve (12), a vulnerable person as defined Section 43-47-5, or a 66
person with a disability as defined in Section 43-6-203(b); 67
(b) For law enforcement or governmental regulatory 68
purposes; 69
(c) For the purpose of rendering emergency medical 70
assistance or to intervene in any other emergency situation where 71
the health or safety of another person is at risk; 72
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(d) For custodial, maintenance, or inspection purposes, 73
provided that the dormitory room is not in use; 74
(e) If the appropriate designated dormitory room is out 75
of order or under repair and contains no person of the opposite 76
sex; 77
(f) If the dormitory room has been temporarily 78
designated for use by a person of the sex opposite from the sex 79
for which its use is ordinarily designated, but only for the 80
duration of such designation; or 81
(g) If the person entering the dormitory room is an 82
employee, contractor, or agent of the owner or other person or 83
entity in control of the public building, announces his or her 84
intention to enter, and allows a reasonable time for persons of 85
the opposite sex to protect their privacy before entering. 86
SECTION 4. (1) The applicable governmental entity for each 87
public building under its ownership, control, or lease shall, 88
within ninety (90) days, establish regulations and disciplinary 89
procedures for any person who willfully enters, for a purpose 90
other than those listed in Section 3 of this act, a dormitory room 91
designated for the opposite sex on the premises of the public 92
building and refuses to depart when asked to do so by any employee 93
or contractor of the owner, lessee, or lessor of the public 94
building. 95
(2) A person who willfully enters, for a purpose other than 96
those listed in Section 3 of this act, a dormitory room designated 97
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for the opposite sex on the premises of a public building and 98
refuses to depart when asked to do so by an employee or contractor 99
of the owner, lessee, or lessor of the public building commits the 100
offense of trespass as provided in Section 97-17-97. 101
(3) On July 1, 2026, and annually thereafter, the applicable 102
governmental entity for each public building under its ownership, 103
control, or lease shall provide a report and documentation to the 104
Speaker of the Mississippi House of Representatives, the 105
Lieutenant Governor, and the Governor, regarding compliance with 106
this act. 107
SECTION 5. (1) A person may assert a violation of this act 108
as a claim or defense in a judicial or administrative proceeding 109
and obtain compensatory damages, punitive damages, injunctive 110
relief, declaratory relief, or any other appropriate relief. Such 111
claim may be brought against any applicable governmental entity 112
for each public building under its ownership, control, or lease 113
which caused or contributed to a violation of this act. 114
(2) A person under eighteen (18) years of age may bring an 115
action throughout his or her minority through a parent or next 116
friend and may bring an action in his or her own name upon 117
reaching the age of majority. 118
(3) Notwithstanding any other provision of law, an action 119
under this act may be commenced, and relief may be granted, in a 120
judicial proceeding without regard to whether the person 121
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ST: Safe Dormitories Act; enact.
commencing the action has sought or exhausted available 122
administrative remedies. 123
(4) In any action or proceeding to enforce a provision of 124
this act, a prevailing party who establishes a violation of this 125
act shall recover reasonable attorney's fees. 126
SECTION 6. (1) The Attorney General shall bring an action 127
to enforce compliance with this act. 128
(2) This act does not deny, impair, or otherwise affect any 129
right or authority of the Attorney General, the State of 130
Mississippi, or any agency, officer, or employee of the state, 131
acting under any law other than this act, to institute or 132
intervene in any proceeding. 133
SECTION 7. Any provision of this act held to be invalid or 134
unenforceable by its terms, or as applied to any person or 135
circumstance, shall be construed so as to give it the maximum 136
effect permitted by law, unless such holding shall be one of utter 137
invalidity or unenforceability, in which event such provision 138
shall be deemed severable herefrom and shall not affect the 139
remainder hereof or the application of such provision to other 140
persons not similarly situated or to other, dissimilar 141
circumstances. 142
SECTION 8. This act shall take effect and be in force from 143
and after its passage. 144