Title IX Rights of Pregnant and Parenting Students at Delta College

Board Policy 8.014

Policy Statement

Delta College is committed to creating and maintaining 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, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, and employment policies.  Delta College hereby establishes a Policy and associated procedures for ensuring the protection and equal treatment of pregnant students, persons with pregnancy-related conditions, and new parents with birth-related illnesses and conditions.

Under the Department of Education’s (DOE) Title IX regulations, an institution that receives federal funding “shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.” According to DOE, appropriate treatment of a pregnant student includes granting the student leave “for so long a period of time as is deemed medically necessary by the student’s physician,” and then effectively reinstating the student to the same status as was held when the leave began.

This generally means that pregnant students will be given an opportunity to make up missed work wherever possible. Extended deadlines, make-up assignments (papers, quizzes, tests, and presentations), tutoring, independent study, online course completion options, and incomplete grades that can be completed at a later date, should all be employed, in addition to any other ergonomic and assistive supports typically provided by Disability Services.  In collaboration with the Director of the Office of Disability Resources, the Title IX Coordinator has the authority to determine that such accommodations are necessary and appropriate, and to inform faculty members of the need to adjust academic parameters accordingly. Additionally, accommodations may also be available under the Americans with Disabilities Act through the Office of Disability Resources.

As with accommodations administered through the Office of Disability Services, information about pregnant students’ requests for accommodations will be shared with faculty and staff only to the extent necessary in order to provide the reasonable accommodation.  Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary. Administrative responsibility for these accommodations lies with the Title IX Coordinator, who will maintain all appropriate documentation related to accommodations, including all medical documentation received from the student’s physician/medical provider. 

Requesting Support

To request accommodations under this policy, please contact the Title IX Coordinator at 989-686-9547 or equityoffice@delta.edu. 

Scope of Policy

This Policy applies to all aspects of Delta College’s program, including, but not limited to, admissions, educational programs, and activities.

Nothing in this policy requires modification to the essential elements of any academic program.  This policy supersedes any academic program policy on pregnant and parenting students, as defined in this policy. Pregnant students cannot be channeled into an alternative program against their wishes.

Definitions

1. 1. Caretaking: caring for and providing for the needs of a child.
   2. Medical Necessity: a determination made by a health care provider (of the student’s choosing) that a certain course of action is in the patient’s best health interests.
   3. Parenting: the raising of a child, that has medical condition, by its parents in the reasonably immediate post-partum period (up to six months after delivery).
   4. Pregnancy and pregnancy-related conditions: include (but are not limited to) pregnancy, childbirth, false pregnancy, miscarriage, termination of pregnancy, conditions arising in connection with pregnancy, birth, and recovery from any of these conditions.
   5. Pregnancy discrimination: includes 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.
   6. Pregnant student/Birth-parent: refers to the student who is or was pregnant. This Policy and its pregnancy-related protections apply to all pregnant persons regardless of gender identity or expression.
   7. Reasonable accommodations: (for the purposes of this Policy) changes in the academic environment or typical operations that enable a pregnant student or student with a pregnancy-related condition to continue to pursue their studies and enjoy the equal benefits of Delta College.

Reporting

To report violations of this policy, please refer to the Equity Grievance Policy and the corresponding Equity Grievance Procedures.  

Board Action 5433 – February 1, 2022