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5.14.3 Student Pregnancy and Parenting Nondiscrimination

A. Purpose

The purpose of this Policy is to maintain a learning environment that is free from discrimination of pregnant or parenting students, in accordance with the Texas Education Code, Title 3, Section 51.982: Protections for Pregnant and Parenting Students and other applicable laws, such as Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex (including pregnancy discrimination) in education programs or activities; Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of a disability (including disabilities based on temporary medical conditions from pregnancy); and Title II of the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against individuals with disabilities in public schools such as institutions of higher education. 

B. Persons Affected

This Policy applies to all individuals associated with or on the premises of the University, including without limitation Employees, faculty, students, visitors, volunteers, contractors, vendors, and applicants for admission. 

C. Definitions

  1. Leave of absence (academic withdrawal): A period of time when a student is not enrolled in classes but is eligible to reenroll in the future. A leave of absence, for the purpose of this Policy, is also known as an academic withdrawal.
  2. Parenting discrimination: Occurs when an individual is treated less favorably on the basis of that person’s parental status.
  3. Parenting student: A student who is the parent or legal guardian of a child under 18 years of age (see Texas Education Code, Title 3, Section 51.982).
  4. Pregnancy or related condition: Includes all of the following:
    1. pregnancy, childbirth, miscarriage, or lactation;
    2. medical conditions related to pregnancy, childbirth, pregnancy complications, miscarriage, lactation, or any other conditions directly related to being pregnant; and
    3. recovery from pregnancy, childbirth, lactation, or their related medical conditions directly related to pregnancy or the effects thereof.
  5. Pregnancy discrimination: Occurs when an individual is treated less favorably on the basis of that person’s pregnancy or pregnancy-related condition. Pregnancy discrimination is a form of sex discrimination.
  6. Pregnant student: A student who has a pregnancy or related condition status.
  7. Student: A person who is currently enrolled at the University, is accepted for admission or readmission to the University, or has been enrolled at the University in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows.

D. Policy and Procedures

D.1. Prohibited Conduct

1.   No discrimination. Discriminating against pregnant and parenting students is prohibited under this Policy.

2.   Prohibited requirements. The University may NOT require a pregnant or parenting student, solely because of the student’s status as a pregnant or parenting student or due to issues related to the student’s pregnancy or parenting, to do any of the following:

a.   take a leave of absence or withdraw from the student’s degree or certificate program;

b.   limit the student’s studies;

c.   participate in an alternative program;

d.   change the student’s major, degree, or certification program; or

e.   refrain from joining or cease participating in any course, activity, or program at the University.

3.   No retaliation. Retaliation against pregnant or parenting students for engaging in protected activity is prohibited and subject to disciplinary action.

 

D.2. Penalties for Violation

Violations of this Policy will be processed in accordance with HOP 2.4.1: Nondiscrimination and are subject to potential disciplinary action.

For more information, or to file a complaint, please visit www.uttyler.edu/titleix.

 

D.3. Reasonable Accommodations for Pregnant Students

1.   Reasonable accommodations offered. The University will offer reasonable accommodations to pregnant students, in accordance with state and federal laws and regulations.

2.   Voluntary. Accommodation requests are voluntary and involve an individualized, interactive process where both the University and the student engage in a good-faith discussion based on the student’s specific needs with the goal of identifying reasonable options for accommodations.

3.   No undue hardship. Accommodations that constitute undue hardship are NOT reasonable.

4.   Types of reasonable accommodations. Reasonable accommodations for pregnant students may include but are not limited to the following:

a.   Excused absences. Excused absences with the availability to make up missed assignments or coursework.

b.   Additional time. Additional time to complete assignments (applied in the same manner as ADA/504 accommodations for additional time on assignments or tests, with required documentation).

c.   Safe distance. Allowing the student to maintain a safe distance from substances, areas, and activities known to be hazardous to pregnant students or unborn children.

d.   Instructional materials. Access to instructional materials and video recordings of lectures (if available) for classes due to excused absences due to pregnancy or related conditions (applied in the same manner as any other student with excused absences).

e.   Other accommodations. Any other accommodation deemed reasonable, based on the student’s individual needs.

5.   Documentation. Documentation may be required for excused absences under this Policy, as deemed “medically necessary” based on a pregnancy or pregnancy-related condition. 

6.   Requests. To request an accommodation, contact the Office of Student Accessibility and Resources (SARS) at 903.566.7079 or saroffice@uttyler.edu.

 

D.4. Leave of Absence for Pregnant and Parenting Students

1.   Reasonable duration. The University will allow pregnant and parenting students to take a leave of absence for a reasonable duration depending on the circumstances.

2.   Reapplying not required. If the pregnant or parenting student is in good academic standing at the time of the leave of absence, the student may return to the same degree or certificate program in good academic standing without being required to reapply for admission.

3.   Documentation. Documentation may be required for a leave of absence request which verifies the pregnant or parenting student status. 

4.   To apply. To apply for a leave of absence, contact the Office of Student Accessibility and Resources (SARS) at 903.566.7079 or saroffice@uttyler.edu.

 

D.5. Confidentiality

The University will maintain the confidentiality of student records and documentation to the extent possible under state and federal law.

                       

D.6. Additional Parenting Student Services

1.   Early registration. Parenting students are eligible for early registration for courses to the extent others have access to early registration of those same courses. For more information, contact the Parent Programs Coordinator in the Office of Student Engagement.

2.   Parenting Student Liaison. Current and incoming parenting students have access to a University Parenting Student Liaison, who provides parenting students information regarding support services and other available resources. For more information, contact the Parent Programs Coordinator in the Office of Student Engagement.

E. Reference Sources and Authority

F. Review Responsibilities and Dates

The Division Head for this Policy is Senior Vice President Student Services, and this Policy shall be reviewed every three (3) years or sooner, if necessary, by the Division Head or their designee in consultation with the Title IX Coordinator.

APPROVED:  12/06/2023