FAA REGULATION
EQUAL EDUCATION OPPORTUNITY: PREGNANT AND PARENTING STUDENTS
SECTION ONE: POLICY
1.01 The College is committed to maintaining and strengthening a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (Title IX). Sex discrimination, which can include discrimination based on pregnancy or parental status, is prohibited.
This policy provides for the protection and equal treatment of students who are pregnant, have pregnancy-related conditions, and/or are parents. This policy applies to all aspects of the College’s programs, including but not limited to, admissions, educational programs and activities, and extracurricular activities.
The pregnant or parenting student may start an interactive process with the Title IX Coordinator by visiting the Title IX webpage or the Disability Services webpage.
SECTION TWO: STUDENT RIGHTS AND ACCOMMODATIONS
2.01 The College and its instructors, staff, and other employees shall not require a pregnant or parenting student to take a leave of absence, withdraw from, or limit their studies or activities due solely to pregnancy, childbirth, or related conditions.
2.02 Pursuant to Title IX, the College treats pregnancy and pregnancy-related conditions as justification for a student to request a leave of absence for as long as deemed medically necessary by a student’s physician.
2.03 The benefits and services provided to pregnant and parenting students shall be no less than those provided to students with temporary medical conditions.
2.04 A pregnant student’s college-provided housing (e.g., student-athletes who are utilizing College-provided housing) will not be altered based on pregnancy status unless requested by the pregnant student.
2.05 Pregnant and parenting students cannot be channeled into an alternative program or school against their wishes based on their pregnancy status.
2.06 To the extent possible, the College will take reasonable steps to ensure that upon return from leave, the student will be reinstated to their program in the same status as when the leave began.
2.07 Students are encouraged to request pregnancy and parenting-related reasonable accommodations in advance whenever possible, which may include, but are not limited to:
Changes to protect the health and safety of the pregnant person and/or their pregnancy (such as allowing the person to maintain a safe distance from hazardous substances).
Extra breaks during class, work, or other activities to use the restroom.
Excusal of medically necessary absences (including exceptions to class attendance requirements set by the faculty, department, or division) to the extent allowable and/or reasonable.
Leave of absence when medically necessary.
2.08 The above accommodations may be applied retroactively if warranted based on an individualized assessment of the circumstances.
2.09 Absences for reasons related to a student’s pregnancy, child-birth, or any resulting medical status or condition will be excused absences. Coursework missed as a result of these absences must be completed within the normal time allowed per College policy or practice. Students with a medical basis for an extension should promptly contact the College’s Disability Services office to request additional time or assistance with access to instructional materials, if needed.
SECTION THREE: LACTATION ACCESS
Breastfeeding persons must be granted reasonable time and space to express breast milk in a location that is private, clean, and reasonably accessible. Bathroom stalls do not satisfy this requirement. An appropriate lactation facility should be located within a reasonable distance of the person’s location and be available for up to a year following childbirth. Break time should be adjusted to account for the distance to the nearest lactation facility.
SECTION FOUR: FAMILY-FRIENDLY ASSISTANCE AND FLEXIBILITY
4.01 Instructors are encouraged to work with parents to consider their parenting obligations and needs, which may include, but are not limited to, meeting with the child’s school officials, closing a school or childcare facility, family-related health issues (including physical, behavioral, or emotional health concerns), routine healthcare, and bereavement.
4.02 Students are encouraged to work in advance with their instructors to request excused time off for routine infant and child healthcare matters. Child health emergencies of parenting students should be excused to the same degree as student healthcare emergencies, with an opportunity to make up missed work and participation points as applicable. Generally, children are not allowed in the workplace or in class.
4.03 If students require additional support to resolve infant and child health care matters, they may contact Student Support Services for information and resources.
SECTION FIVE: REPORTING VIOLATIONS
Any member of the College community may report a violation of this policy to any supervisor, manager, or the Title IX Coordinator. Employees are responsible for promptly forwarding such reports to the Title IX Coordinator.
A pregnant or parenting person alleging pregnancy discrimination or other form of sexual harassment may file a formal complaint with the Title IX Coordinator.
SECTION SIX: PRIVACY
In addition to requirements under The Family Educational Rights and Privacy Act of 1974 (FERPA), employees will regard all information associated with pregnant and parenting accommodation requests as private and will not disclose this information to any-one, unless there is a business or academic need to know.
SECTION SEVEN: HARASSMENT AND RETALIATION
Harassment based on a student’s pregnancy or pregnancy-related condition, or breastfeeding is unlawful and prohibited. Examples of conduct related to pregnancy or parenting status that may amount to harassment include, but are not limited to:
• Sexual comments or denigrating jokes about a pregnancy;
• Negative stereotyping;
• Comments about an individual’s intellectual or physical ability to complete coursework or commitment to their education or future profession based on their pregnancy or parenting status;
• Spreading rumors about sexual activity;
• Making sexual propositions or gestures; and/or
• Withholding or threatening to withhold academic bene-fits due to pregnancy or parenting status.
Instructors, staff, and other College employees are prohibited from retaliating against students or employees for exercising the rights articulated by this policy, including imposing or threatening to impose negative educational outcomes due to requesting leave or accommodation, filing a complaint, or otherwise exercising their rights under this policy.
SECTION EIGHT: DEFINITIONS
8.01 Fundamental Alteration
Any academic accommodation, adjustment/auxiliary aid, or service that would fundamentally affect or change the nature of a program or course being taught or that fundamentally alters the essential requirements of instruction or course requirements is not considered a reasonable academic accommodation. The College is not required to alter or modify a course or program to the extent that it changes the fundamental nature of that course or program.
8.02 Instructor
College employee responsible for teaching classes or supervising academic work including, but not limited to, faculty, adjunct faculty, and teaching assistants.
8.03 Medical Necessity
Determination made by a health care provider of a student’s or employee’s choosing.
8.04 Parenting Person
Persons with the legal or voluntary responsibility to ensure the safety and well-being of a child under the age of 18 years and includes birth and non-birth parents, adopting parents, fostering parents, legal guardians, spouses and domestic partners of a parent or legal guardian, stepparents, siblings with significant caregiving responsibility (such as during absence or incapacitation of primary caregiver), kinship placement and acting in place of a parent.
8.05 Pregnancy and Pregnancy-Related Conditions
Health conditions including but not limited to childbirth, false pregnancy, miscarriage, termination of pregnancy, conditions arising in connection with pregnancy, recovery from any of these conditions, and medically necessary child healthcare within a reasonable time postpartum in accordance with federal law.
8.06 Pregnancy Discrimination
Treating an individual affected by Pregnancy or a Pregnancy-Related Condition less favorably than similar individuals not so affected and includes a failure to provide legally mandated leave or accommodations.
8.07 Pregnant Person or Birth-Parent
An individual who is or was pregnant. This Policy and its pregnancy-related protections apply to all pregnant persons regardless of gender identity or expression.
8.08 Reasonable Accommodations
Changes in the education or workplace activities that enable a person with a Pregnancy or Pregnancy-Related Condition to continue to pursue their studies and/or occupation and enjoy equal benefits of the College.
8.08 Undue Burden/Hardship
Any academic accommodation, adjustment/auxiliary aid, or service that would result in a significant financial or administrative burden or expense constitutes an undue burden/hardship and is not considered a reasonable accommodation. Factors to consider in determining whether there is an undue burden/hardship include:
the overall size of the program or activity with respect to the number of employees, number and type of facilities, and size of budget;
the type of operation, including the composition and structure of the workforce;
and the nature and cost of the accommodation needed
SECTION NINE: PREGNANCY AND PARENTING ACCOMMODATIONS
9.01 Nothing in this Policy requires modification to the essential elements of any academic program.
9.02 The Pregnant or Parenting student may start an interactive process with the Office of Student Disability Services.
9.03 Instructor and activity supervisors should refer pregnancy and parenting accommodation requests for assistance to the Office of Student Disability Services, which will follow an interactive process as outlined below:
Utilizing existing processes in place for accommodation requests, the Office of Student Disability Services will ask the student to confirm accommodation requests in writing and to specify which instructor(s) and/or department (s) should receive the request.
The Manager of Disability Services and/or their designee will conduct an individualized assessment of the student’s request. The interactive process may include speaking with the student and requesting appropriate documentation, which could include medical documentation. The Manager of Disability Services and/or their designee will respond in writing to the student’s request, either granting or denying the request or proposing an alternative.
If the student’s request is approved, the Office of Disability Services will send an accommodation notice to the instructor along with guidance on pregnancy and parenting accommodations. The manager of Disability Services and/or their designee will coordinate with the instructor to explore options for reasonable accommodation (s) as may be appropriate.
Instructors who have questions or concerns about an accommodation notice and/or believe that the accommodation (s) would result in a fundamental alteration or undue burden/hardship must request a consultation with the Manager of Disability Services. The consultation can be requested to discuss their concerns, engage in an interactive process to further understanding and collaboration with the student in providing accommodation(s) and/or to discuss whether alternative accommodations are appropriate.
The Manager of Disability Services will process medical documentation of the diagnosis and any dates of absence based on medical necessity. Medical documentation will be maintained confidentially and will not be shared with instructors without the student’s consent.
The Manager of Disability Services may consult with other administrators such as department leaders to determine if other College resources may be available to address the accommodation request.
Note that a change in accommodation may be necessary due to the progression of the pregnancy. Any request for a change in an existing accommodation must be submitted with appropriate documentation for the adjustment to the Office of Disability Services.
9.04 A pregnant or parenting student with a concern that they have been denied a reasonable accommodation (either by not receiving an accommodation that was already approved or by denial of a request for a reasonable accommodation) or that they have experienced harassment or retaliation due to their request may share their concern or file a formal complaint with the Title IX Coordinator.
9.05 Should a pregnancy or pregnancy-related condition cause a temporary or permanent disability (such as anemia, gestational diabetes, preeclampsia, postpartum depression, etc.), students are encouraged to seek additional disability-related accommodations through their respective Disability Services representative.
The Executive Director of Student Affairs is responsible for reviewing and updating this regulation. Policy reviews are made in accordance with the Office of Institutional Effectiveness Policy Tracking document.
Document History:
Adopted: 04/2024
Revised: 11/2024