Waiver

UC Santa Cruz

Gender-Inclusive Facilities Guidelines – Request for Waiver Procedures

 

It is UCSC’s intention to implement the Gender Inclusive Facilities (GIF) guidelines wherever possible and waiving these requirements is discouraged except in cases of genuine hardship as outlined in the criteria below. In order for waiver requests to be recommended for approval, the argument/evidence in favor of the waiver must be compelling, generally should be multifaceted, and the GIF Waiver Review Panel (Panel) must receive, review and confirm evidence supporting the request. Waiver requests most likely to be recommended for approval by the Panel are those that include mitigating measures. It is anticipated that waiver requests will generally be for renovation projects and not for new construction projects.

Request Submission and Review Process: 

Requestor fills out a waiver request form and attaches a cover letter outlining the nature of the   waiver request (indicating the aspects of the GIF guidelines that apply to the project to be considered for waiver). Submissions must include relevant supporting documents, such as floor plans, building plans, site plans showing adjacent facilities, cost estimates, photographs, etc.

The request is submitted to the AVC Risk and Safety Services who reviews the form and cover letter and confirms that the submission meets general requirements for a waiver request.

The GIF Waiver Review Panel reviews the request. If needed, additional information is requested and provided by the requestor. The Panel submits a written recommendation to approve or deny the request and when appropriate includes information about proposed mitigating measures.

As delegated by the authority of the Chancellor, the Vice Chancellor, Division of Finance, Operations and Administration (FOA) has sole delegated authority to approve or deny waiver requests. The VC FOA reviews the request, supporting documentation inclusive of any proposed mitigations and the Panel’s recommendation; requests and reviews any needed additional information; and approves or denies the waiver request.

Note: The Panel and VC FOA may consult with the campus architect, Planning and Budget, academic deans and/or other subject matter experts as needed during deliberations.

General Guidelines /Criteria for Considering Hardship Waiver Requests:

Impacts on Critical Programs

When the construction of a gender-inclusive facility in a building would preclude the renovation/construction of an area of critical programmatic use in the building due to space or other limitations; this loss of programmatic use may be considered as a hardship. The nature of the programmatic impact needs to be qualitatively described (and quantified to the extent possible) to determine its significance.

Project Costs

The cost of gender inclusive compliance in relation to the overall project cost will be one consideration for recommending a hardship waiver. However, given that project cost ratios trigger the necessity for GIF guidelines compliance, generally the expectation is for GIF compliance costs to be built into budgets when planning major renovation and new construction projects. An example of circumstances that might  warrant waiver consideration based on cost hardship is significant project budget overages caused by other code or compliance regulations or other significant unanticipated and unavoidable costs for which additional funding is not available.

Occupant Load/Fixture Counts

Compliance with occupant load building code requirements that result in necessary addition of separate gender-specific fixtures/facilities that may be in conflict with or might make difficult also complying with GIF guidelines requirements may constitute a hardship in a renovation project.

Inclusion of Mitigating Measures in Request:

Proximity to other GIFs

For buildings or floors of buildings with no existing GIFs but with GIFs within a short (for example two minute) walking distance, this proximity will be considered as a mitigating measure if creating GIFs in the building or on the floor would be a demonstrated hardship.

Description of other proposed mitigating measures (in addition to proximity to other GIFs) that reflect the spirit and intent of the GIF guidelines will assist the Panel in evaluating the merits of a waiver request.

Note: The waiver process and panel representation will be reviewed after year one of implementation and as appropriate, changes may be made.