EOP.04: Pregnancy and Related Conditions and Parenting Students Procedures

Office of Equal Opportunity Programs and Title IX

Authority: Administrative Policy 3.20

EOP.04: Pregnancy and Related Conditions and Parenting Students Procedures 

Effective: August 1, 2024

Notice of Nondiscrimination

Gallaudet University complies with all federal, state, and local laws, regulations, and ordinances prohibiting pregnancy and related conditions discrimination in K-12 and post-secondary education institutions, including Title VII of the Civil Rights Act of 1964, and the D.C. Human Rights Act of 1977.

Gallaudet does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of current, potential, or past pregnancy or related conditions. The Gallaudet prohibits members of the Gallaudet community from adopting or implementing any policy, practice, or procedure that treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past parental, family, or marital status. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

Gallaudet is committed to promptly and effectively addressing any such discrimination of which it has Knowledge/Notice using the resolution process outlined in EOP.02 Title IX Sex Discrimination, Sex-Based Harassment, and Retaliation Resolution Procedures.

Definitions

• Familial Status. The configuration of one’s family or one’s role in a family.
• Marital Status. The state of being married or unmarried, and domestic partnerships.
• Parental Status. The status of a person who, with respect to another person who is under the age of 18, is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
• Pregnancy and Related Conditions. The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom.
• Reasonable Modifications. Individualized modifications to the University’s policies, practices, or procedures that do not fundamentally alter the University’s education program or activity.

Information Sharing Requirements

Any Gallaudet or Clerc employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to the Gallaudet’s or Clerc’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the student with the Title IX Coordinator’s contact information.

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of Gallaudet’s or Clerc’s obligations to:

• Prohibit sex discrimination.
• Provide reasonable modifications.
• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
• Allow a voluntary leave of absence.
• Ensure lactation space availability.
• Maintain a Resolution Process for alleged discrimination.
• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable. 

Reasonable Modifications for Students

Students who are pregnant or are experiencing related conditions are entitled to reasonable modifications to prevent sex discrimination and ensure equal access to Gallaudet’s or Clerc’s education program and activity. Any student seeking reasonable modifications must contact the Office for Students with Disabilities (OSWD) to discuss appropriate and available reasonable modifications based on their individual needs. Students are encouraged to request reasonable modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable modifications are voluntary, and a student can accept or decline the offered reasonable modifications. Not all reasonable modifications are appropriate for all contexts.

Reasonable Modifications may include:

• 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 from medical appointments
• Access to online or homebound education
• Changes in schedule or course sequence
• Time extensions for coursework and rescheduling of tests and examinations
• Allowing a student to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (for example, access to a larger desk or a footrest)
• Elevator access
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator 

Students are encouraged to work with their faculty members, staff, administrators, and Gallaudet’s or Clerc’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Accessibility Resource Center (ARC) and Office for Students with Disabilities (OSWD) will assist with plan development and implementation as needed. 

Supporting documentation for reasonable modifications will only be required when necessary and reasonable under the circumstances to determine which reasonable modifications to offer and other specific actions to take to ensure equal access.

Information about pregnant students’ modification requests will be shared with faculty and staff only to the extent necessary to provide reasonable modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with the Accessibility Resource Center (ARC) and Office for Students with Disabilities (OSWD) to ensure the student receives reasonable accommodations for their disability as required by law.

Certification to Participate

 All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity unless:

1. The certified level of physical ability or health is necessary for participation;
2. The institution requires such certification of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination. 

Lactation Space Access

Gallaudet and Clerc provide students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others.

Lactation spaces are located in the following locations (Please contact Human Resources Senior Coordinator to access location spaces):

• Human Resources basement (College Hall) #B12
• HMB #S330 (Hall Memorial Building)
• SLCC 1239A 
• Model Secondary School for the Deaf (MSSD 214F)
• Kendall School for the Deaf (KDES 3503)

Leaves of Absence

A. Students 

Students are permitted to take a voluntary leave of absence for a reasonable time as deemed medically necessary by their healthcare provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity. 

To the extent possible, Gallaudet or Clerc will take reasonable steps to ensure that students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent course catalog that was in place when the leave began. 

Continuation of students’ scholarships, fellowships, or similar Gallaudet or Clerc -sponsored funding during the leave term will depend on student registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowship, or similar Gallaudet or Clerc -supported funding by exercising their rights under this policy. 

The Director of EOP can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question.

In order to initiate a leave of absence, the student must contact the Director of EOP at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Coordinator will assist the student in completing any necessary paperwork.

B. Employees

Information on employment leave can be found here.

If an employee, including a student-employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.

Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

Policy Dissemination and Training

A copy of this policy will be made available to faculty and employees in annually required training and posted on the EOP’s website. Gallaudet or Clerc will alert all new students about this policy and its location as part of the orientation. The office will make educational materials available to all Gallaudet or Clerc community members to promote compliance with this policy and familiarity with its procedures.