At ßÙßÇÂþ» we value the success of all of our students, including students who are pregnant and/or parenting. For more information about your rights, please contact the Title IX Office. Pregnant employees also have rights under Title IX and can contact the Title IX office to find out more.
- The Rights of Pregnant/Parenting Students
According to the Office for Civil Rights 2013 Dear Colleague Letter: “A school must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s doctor deems the absences medically necessary. When a student returns to school, [they] must be allowed to return to the same academic and extracurricular status as before [their] medical leave began. By ensuring that the student has the opportunity to maintain [their] academic status, we can encourage young parents to work toward graduation instead of choosing to drop out of school.â€
Title IX protects students from discrimination based on pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, and recovery from related conditions. More specifically, a school must not discriminate against any student based on the student's current, potential, or past pregnancy or related conditions in any of its educational programs or activities (34 C.F.R. § 106.40 (b)(1)). Pregnancy and related conditions must be treated in the same manner as any other temporary medical conditions under the insitution's policies (34 C.F.R. § 106.40 (4)). The University must make reasonable modifications to its policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access for students who are pregnant or experiencing related conditions. Students have the discretion to accept or decline each reasonable modification offered by the University, and any accepted modifications must be implemented (34 C.F.R. § 106.40(3)(ii)).
A school must excuse student absences for pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, and recovery from related conditions for as long as the student’s physician deems medically necessary (additional information on student leave policies). After those absences, the student must be returned to the status that they held when their absence began (34 C.F.R. § 106.40(c)(iv)).
- Preparing for a Reasonable Modifications Meeting
Our goal is to provide reasonable modifications that can help support you in completing your education and meeting your academic goals. Students who are pregnant are encouraged, but not required, to contact the Title IX Office early in their pregnancy. Reasonable modifications are only made once the student has contacted the Title IX Office, submitted the required documentation, and the Title IX Office has completed an interactive process with the student, and the student’s faculty. Therefore, it is helpful if students contact the Title IX Office as soon as possible to allow sufficient time for a thorough modification process.
In an initial meeting, the Title IX staff will guide students in obtaining the appropriate medical documentation, which will serve as the basis for determining their reasonable modification(s.) The Title IX staff will coordinate with the student and their instructors to implement reasonable modifications. All reasonable modifications are issued in writing from the Title IX office to the student and their faculty once they are finalized.
Pregnant/Parenting Student’s Role:
· Contact the Title IX Office when they know they are pregnant or that pregnancy will impact their education.
· Provide required medical documentation promptly.
· Follow up with Title IX Office, faculty, and provider(s) as required/needs dictate.
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Reasonable Modifications & Modification Procedures
The Title IX Office coordinates reasonable modifications for students based on pregnancy, childbirth, lactation, termination of pregnancy, or related medical conditions/recovery therefrom. Support of these individuals is an iterative and interactive process. Due to the unique nature of each student’s needs and circumstances, the Title IX Office’s approach to every case is individualized.
Examples of common modifications coordinated through our office may include (but not be limited to): breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions including eating, drinking, or using the restroom; intermittent absences to attend medical appointments; access to online or homebound education; changes in schedule or course sequence; extensions of time for coursework and rescheduling of tests and examinations; allowing a student to sit or stand or carry/keep water nearby; counseling; changes in physical space or supplies (larger desk, footrest, etc); elevator access; or other changes to policies, practices, or procedures (34 C.F.R. § 106.40(C)).
Modifications may not be considered reasonable if they:
· Alter or remove essential requirements
· Fundamentally alter the nature of the program
· Pose a threat to others
Students seeking reasonable modifications should contact the Title IX Office as soon as possible so we can better understand your unique circumstances and develop a plan with you. We encourage students to re-engage with our office as their circumstances develop or change over the course of their pregnancy or other related condition. Reasonable modifications are not retroactive. Students must contact the Title IX Office and request services before or at the time they are needed.
To begin the process, you can contact the Title IX Office.
- Lactation Spaces
ßÙßÇÂþ» proudly offers lactation spaces/rooms for students and employees at each of its campuses. Questions about alternate lactation spaces for students may be directed to the Title IX office. Employees may contact Sara DeClemente-Hammoud in Human Resources.
Main Campus:
The University Union offers the as a private and reservable lactation space. It is located across from the Dean of Students Office on the 2nd floor of University Union West. To access the Mamava Pod, please email The Union at union@binghamton.edu or call 607-777-3300
Health Sciences Campus:
The Decker College of Nursing & Health Sciences and the School of Pharmacy and Pharmaceutical Sciences offer lactation rooms in each of their campus buildings. These multipurpose spaces are quiet, private, rooms that can be used for lactation and/or prayer. These rooms are lockable from the interior and have frosted, non-transparent glass windows. These rooms are located in Pharmacy Building Room 433 and Room 147 of the Health Sciences Building. Students and employees of both schools have 24/7 card access to each building. The lactation spaces on the Health Sciences Campus are ‘use as available’ spaces with door signage indicating when they are in use.Downtown Center Campus:
The University Downtown Center (College of Community & Public Affairs) offers a multipurpose space that is quiet, private, and reservable for lactation and/or prayer. The space is located on the 4th floor and can be accessed by contacting the Dean’s Office in DC 333 or by calling 607-777-5572. - Loss & Bereavement
Title IX extends protections to students on the basis of pregnancy, childbirth, lactation, termination of pregnancy, or related conditions, including recovery.
If you have experienced a recent loss related to pregnancy or other related conditions, you may still qualify for reasonable modifications under Title IX.
Resources & Supports - Resources for Students who are Pregnant/Parenting
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Termination of Pregnancy
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Resources for Pregnant Student-Athletes
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The Rights of Fathers
As Title IX is a federal law that prohibits discrimination based on sex, some of the same protections and modifications apply to fathers as well. In some situations, fathers may not receive the same modifications due to the nature of pregnancy and recovery. We encourage fathers to contact our office to discuss reasonable modifications.
- Information for Faculty & Instructors
Faculty/Instructors interested in receiving training for how best to support pregnant and parenting students are encouraged to contact the Title IX Office to request a training presentation for their department, division, committee, or organization. The Title IX Office is also happy to consult with faculty one-on-one to discuss questions they may have.
DO DON'T Familiarize yourself with the rights of pregnant/parenting students* Request medical information or ask for a doctor’s note Refer students to the Title IX Office to discuss the reasonable modification process Say things like, “you should have planned your pregnancy better†Include a non-discrimination and accommodation statement in your syllabi** Restrict access to academic or extracurricular opportunities Communicate clearly that students taking leave will be welcomed back following their absence. Remember that discouraging employees/students from taking their legally guaranteed leave may be considered discrimination. Make assumptions about the student’s capabilities or medical needs based on their pregnancy or related conditions. For example, you cannot automatically mandate that a student avoid certain activities; such decisions are to be made by the student in consultation with their physician and in accordance with applicable procedures & policies. Discuss make-up work opportunities and be flexible when scheduling options Contact the Title IX Office to consult on any questions you may have about accommodating a student in your class * Regarding Accommodating Pregnant/Parenting Students & Title IX Webpage
**Syllabi Insert: ßÙßÇÂþ» does not discriminate against any student on the basis of pregnancy or related conditions. Absences due to medical conditions relating to pregnancy will be excused for as long as deemed medically necessary by a student’s doctor and students will be given the opportunity to make up missed work. Students needing reasonable modifications can seek assistance from the Title IX Office.
- If You Believe you may Have Experienced Discrimination, or Have Question or a Complaint
The Title IX Office is committed to supporting an environment free from gender-based violence, harassment, and discrimination.
If you have questions about a reasonable modification being met, have a complaint, or have experienced discrimination/harassment related to being a pregnant/parenting student, please contact the Title IX Office.