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Compliance

Pregnant and Parenting Students Accommodations

PURPOSE

Title IX of the Education Amendments of 1972 prohibits sex discrimination in education.

Pregnancy is a condition contingent on sex, so any discrimination or exclusion based on pregnancy is prohibited under Title IX.

HISTORY

Title IX was passed in 1972. The Department of Education Office for Civil Rights (OCR) has occasionally issued guidance regarding pregnant students. In 1991, OCR released a pamphlet discussing acceptable practices regarding pregnant and parenting students, and this pamphlet was updated and rereleased in 2013. On June 25, 2013, OCR released a “Dear Colleague” letter introducing the revised pamphlet and encouraging schools to support parents in completing their education.

APPLICABILITY TO BYU–HAWAII

With some limited exceptions, Title IX applies to “any education program or activity receiving Federal financial assistance.” Because BYU–Hawaii receives federal student financial aid, the university is required to comply with Title IX.

REQUIREMENTS

Title IX prohibits discrimination, exclusion, or denial of benefits because of an individual’s sex. Specifically, under Title IX, an educational institution must not do any of the following on the basis of sex.

  1. Treat someone differently in determining whether the person qualifies for an aid, benefit, or service.
  2. Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner.
  3. Deny any person any such aid, benefit, or service.
  4. Subject any person to separate or different rules of behavior, sanctions, or other treatment.
  5. Apply any rule concerning the domicile or residence of a student or applicant.
  6. Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person who sexually discriminates against students or employees.
  7. Limit any person in the enjoyment of any right, privilege, advantage, or opportunity.

Inclusion of Pregnant Students

The regulations implementing Title IX prohibit application of any rule related to “a student’s actual or potential parental, family, or marital status” including the condition of pregnancy. Specifically, pregnant students may not be excluded from the following activities, among others:

  • education programs,
  • educational activities,
  • classes (including advanced placement and honors classes),
  • extracurricular activities (such as school clubs, academic societies, or interscholastic sports), or
  • opportunities for student leadership.

Even if programs are operated by a third party, but are part of the school’s program, pregnant students must be allowed to participate. Pregnant students must also be allowed to continue to participate in off-campus internships and “work in the field” programs.

Besides pregnancy itself, students may not be subjected to discrimination or exclusion due to childbirth, false pregnancy, termination of pregnancy, or recovery from pregnancy. While pregnant students cannot be excluded from programs, they may participate in separate programs if they request to do so voluntarily. The alternative programs must be comparable to programs offered to non-pregnant students and must afford students the same academic opportunities offered by standard programs.

Schools are required to act to prevent or cease harassment related to pregnancy. A school is in violation of Title IX if harassment prevents students from benefiting from or participating in the school’s educational program—but only if school employees encourage, tolerate, ignore, or fail to adequately address the harassment. OCR considers an institution responsible to address harassment if “a responsible employee knew, or in the exercise of reasonable care should have known, about the harassment.”

Academic Accommodation of Pregnant Students

Pregnancy and related conditions must be treated in the same way as temporary disabilities. Any services (such as tutoring) and policies the institution has in relation to short-term disabilities must be administered in the same way for pregnant students.

The institution must make reasonable accommodations to allow pregnant students to maintain access to its education program. Appropriate assistance may include providing a larger desk or granting temporary access to elevators that are normally restricted from student use. Schools may also consider designating a private room for young mothers to breastfeed or pump milk during the school day.

Whether or not the institution has a policy for student leave, pregnant students must receive a leave of absence for as long as the student’s physician deems necessary. After the leave has ended the student must return to the same status held when the leave began. If grades are based on attendance or participation, the student must be given the opportunity to earn missed credit so as to return to her original academic status. Institutions may require the student’s doctor to certify that the student is physically and emotionally able to return to classes before allowing the student to return, but only if all students who are treated by physicians for other physical or emotional conditions are required to submit similar certifications before returning to classes.

Schools must ensure individual instructors’ policies and practices on absences comply with the law; that is, schools must excuse absences due to pregnancy and related conditions and give pregnant students the opportunity to make up missed work.

Addressing Complaints about Pregnancy Discrimination

Institutions covered by Title IX must adopt and publish procedures for individuals to follow when making complaints about discrimination based on sex or pregnancy. The institution must also designate a Title IX coordinator to oversee compliance with Title IX and review any complaints that are made. The institution must publish a notice stating that it does not discriminate based on sex, and this notice must be included in all announcements and forms it uses to recruit students or employees.

Students who wish to enforce their rights under Title IX may make a complaint through the school’s published grievance procedure, submit a complaint to the Office for Civil Rights, or file a suit in court.