Pregnant and Parenting Students

Title IX of the Education Amendments of 1972, or “Title IX,” is a federal law that prohibits discrimination based on sex in educational programs. The law is a key tool for ensuring that all people have an equal opportunity for education, regardless of their sex or gender.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX

Title IX protects students and employees of educational programs that receive federal funds; that includes students and employees of colleges and universities. Title IX protects people of all sexes and genders from discrimination, not just women.

Title IX of the Education Amendments of 1972, or “Title IX,” is a federal law that prohibits discrimination based on sex in educational programs. The law is a key tool for ensuring that all people have an equal opportunity for education, regardless of their sex or gender.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX

Title IX protects students and employees of educational programs that receive federal funds; that includes students and employees of colleges and universities. Title IX protects people of all sexes and genders from discrimination, not just women.

Title IX makes it illegal to discriminate because of sex, which includes discrimination on the basis of pregnancy, childbirth, false pregnancy, miscarriage, abortion, or related conditions, including recovery. Title IX also ensures the right to take medically necessary leave and to be free of harassment, intimidation, or other discrimination because of pregnancy-related conditions.

Further, any rules concerning parental, family, or marital status may not apply differently based on sex. For example, universities cannot provide women with time to bond with or care for their children and not men.

The law against sex discrimination covers all aspects of an educational program. This includes school-sponsored extracurricular activities and internships, athletics, financial aid and scholarships, career counseling, and lab and clinical work.

Students must be allowed to take time off of school for pregnancy, childbirth, miscarriage, abortion and/or recovery for as long as their doctor says is medically necessary. That could mean a few absences for necessary medical appointments, or a longer leave of absence for a high-risk pregnancy or childbirth. This rule applies even if taking medically necessary leave would require an absence for longer than the school’s leave policy ordinarily allows. Students cannot be penalized for taking leave, and must be able to return to school in the same status they held before taking leave.

1. Professors must excuse all medically necessary class absences related to pregnancy.
2. Professors may require a doctor’s note from a pregnant student only if they require such notes from all students.
3. Professors must allow students to make up any work or graded element missed due to these excused absences.
4. Marshall must make sure that professors do not discriminate against students who are pregnant.
5. Marshall must ensure that students returning after pregnancy-related leave return with the same status they held before their absences.

Medically necessary absences related to pregnancy cannot be the cause of a grade penalty or contribute to a limited number of allowed excused absences. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

Schools are required to provide pregnant students, and students with related conditions such as childbirth, or false pregnancy, with at least the same special services as it provides to students with other temporary conditions. For example, if a school provides homebound instruction or take-home assignments to students who miss school for illnesses, they must do the same for a student who misses school as a result of pregnancy or childbirth.

Please be aware that issues related to licensure, and not an institutional decision, are not waivable requirements or one that can be subject to work-around accommodations.

Pregnant students and those with related medical conditions may also be eligible for disability protections and services under the ADA, depending upon their condition. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

Institutions of higher education are required to have at least one person who manages Title IX complaints, typically called a “Title IX Coordinator.” Marshall’s Title IX Coordinator is Jessica H. Donahue Rhodes, Esq. To contact the Title IX Coordinator, you can contact them at 304-696-2934 or at jessica.rhodes@marshall.edu or titleix@marshall.edu.

To file a Title IX Report, use link below:
Make a Title IX Report

If you learn that one of your students is pregnant, feel free to call the Title IX Office and/or the Office of Accessibility and Accommodations to review federal obligations and how you might handle the situation. Please tell the pregnant student they are entitled to supportive services and reasonable accommodations and direct the student to contact the Title IX Office or contact Marshall’s Office of Accessibility and Accommodations at their website. Although each situation must be evaluated individually, if the student has medically-necessary absences, accommodations must be provided. Strategies typically include extended deadlines, make-up tests, substitute assignments to replace in-class grades, and similar strategies that do not disadvantage the student. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

Pregnancy-related conditions may include childbirth, false pregnancy, miscarriage, termination of pregnancy, or recovery from pregnancy and/or any related factors.

No. It is the student’s responsibility to disclose their pregnancy and/or request pregnancy/pregnancy-related accommodations. However, you must include information about pregnant students’ Title IX rights in your syllabus. You can also contact the Title IX Coordinator with any questions.

Usually, this means planning ahead to reschedule the exam for another date. This may include having the student take it earlier or providing an incomplete to take it later. Depending on the nature of the course, you may opt for an alternative to the exam such as a presentation or other way to demonstrate the learning of the material.

The instructor should contact the Title IX Office and/or the Office of Accessibility and Accommodations to discuss additional options Marshall can provide so that the student is not penalized. These options might include allowing a student to withdraw from a course, extending the period of academic probation, allowing a student to take a course pass-fail, or granting a medical withdrawal. Cases will be examined on an individual basis as the appropriate outcome may differ markedly depending on the length of absences and remaining course expectations. No student should be pressured to drop a course or withdraw from Marshall even if you feel this would be the best option for the student. The student may be offered such options, but must be free to make their own choice. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

Spouses, partners, adopting or non-birth parents may request excused absences through the Office of Intercultural & Student Affairs. Here is a form to fill out: Undergraduate University Excused Absence Form. These absences must be medically necessary and documented by the medical provider. This could include attending doctor’s appointments and the delivery itself.

No. Pregnant students cannot be excluded from university-related activities and programs, including, but not limited to, classes, internships, off-campus activities, university-sponsored activities, field trips, or other extracurricular activities. You cannot require a doctor’s note to show fitness to participate unless it is required for all students in the program or activity.

Every university that receives federal financial assistance must comply with Title IX, which means that faculty’s individual policies cannot conflict with Title IX and discriminate against pregnant and/or parenting students. If you are unsure if your policy complies with Title IX, contact the Title IX Coordinator.

Title IX, as a federal civil rights law, overrides individual class grading policies. However, there are often reasonable ways to accommodate this. Examples include but are not limited to the following: recording a lecture and asking the student to watch it and provide feedback, meeting one-on-one or with a small group, or doing alternative assignments that cover the same content. There may be in-person requirements for clinical supervision hours or other such accreditation requirements that cannot be waived without fundamentally altering the program. You can discuss these with the Title IX Coordinator if you have any questions. In general, if there is ever an alternative offered for any other type of temporary condition, an alternative should be offered for pregnant students.

No. There can be no penalty for pregnant students who are absent due to medical necessity. Also, faculty may not refuse to allow a student to submit work after a deadline that they missed because of absences related to pregnancy or pregnancy-related conditions. In addition, if the grading process is based in part on class attendance or participation, the pregnant student should be allowed to earn the credits they missed.

You can contact the Title IX Coordinator if you think the student is requesting something unreasonable or does not want to complete the alternatives agreed upon. If a student is requesting an academic modification that fundamentally alters the essential nature of the educational program, you or your academic program leadership may need to document that for the Title IX Coordinator. The Title IX Coordinator is a resource to both you and the student in determining what academic accommodations are reasonable and appropriate under Title IX.

Yes. Title IX prohibits a university from excluding a pregnant student from any part of its educational program, including all extracurricular activities, such as school clubs, academic societies, honors programs, homecoming court, or interscholastic sports. If you require a medical release from other students to participate in the activity, you may also require it for pregnant students. If you believe that the activity will put the student at significant risk or physical harm, please contact the Title IX Coordinator for assistance.

Yes. Title IX prohibits harassment of students based on sex, including harassment because of pregnancy or pregnancy-related conditions. Harassing conduct can take many forms, including verbal acts, name-calling, graphic and written statements, and other conduct that may be humiliating, physically threatening, or harmful. Particular actions that could constitute prohibited harassment include making sexual comments or jokes about a student’s pregnancy, calling a pregnant student sexually charged names, spreading rumors about their sexual activity, and making sexual propositions or gestures. Reports of these incidents should be made to the Title IX Office as soon as possible.

The professor is under no obligation to excuse these absences since the note does not indicate they were medically necessary.

The professor must excuse these absences. If there were graded components on those days (e.g., a quiz, presentation, or group work), the professor must allow the student to make up that work. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

Given that the student will miss more than half the semester, asking the professor to create new assignments for more than half the semester may be an undue burden. The professor should consult the Office of Accessibility and Accommodations who will determine if an undue burden exists and what alternatives may be offered. The student may be given the option to take a medical withdrawal from Marshall. If the student had been on academic warning, Marshall may also extend the time available to raise her GPA to the required minimum. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

In most cases, the student should be able complete/make up the remaining work by extending deadlines and assigning a grade of I. If the student were able to work out a way to complete course work for some, but not all her classes , Marshall could grant a retroactive “W” for the courses that could not be completed. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

Since the absences from class and the exam were clearly medically necessary, the professor cannot impose any grade penalty due to those absences and must allow the student to make up the presentation and the final exam. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.

Without any compelling reason why the appointments had to take place precisely at the time of class, the professor is not obligated to excuse these absences. However, if the doctor indicated that the appointments included a test that had to be performed first-thing in the morning (e.g., glucose level), then the professor cannot enact any grade penalty for those absences. Students that need accommodations should contact Marshall’s Office of Accessibility and Accommodations at their website.