ROWAN UNIVERSITY POLICY
Title: Pregnancy and Related Conditions Policy for Students
Subject: Equity and Diversity
Policy No.: SL:2024:01
Applies: University-wide
Issuing Authority: President
Responsible Officer: Title IX Coordinator
Date Adopted: 08/26/2024
Last Revision: 08/26/2024
Last Reviewed: 08/26/2024
I. PURPOSE
Students of the Rowan University (“University”) community have the right to access and benefit from the University’s education programs or activities, free from any form of discrimination based on sex, including discrimination based on pregnancy and related conditions and parental status. The University does not tolerate discrimination based on sex of any kind. This policy has been developed to reaffirm these principles and to provide support for students who are experiencing pregnancy or related conditions.
II. ACCOUNTABILITY
Under the direction of the President, the Title IX Coordinator and the Office of Student Equity and Compliance (“Title IX Coordinator”), shall implement and ensure compliance with this policy.
III. APPLICABILITY
This policy applies to all University students from the time of their admission until the date of their graduation or formal withdrawal.
With respect to employees, the University complies with Title IX, the Pregnant Workers Fairness Act, and other laws related to accommodations, voluntary leaves of absence, lactation space and related issues. Information for employees experiencing pregnancy and related conditions may be found at HERE and by contacting the Office of Labor Relations.
IV. DEFINITIONS
PREGNANCY OR RELATED CONDITIONS – (1) Pregnancy, childbirth, termination of pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (3) recovery from pregnancy, childbirth, termination of pregnancy, or lactation or related medical conditions.
REASONABLE MODIFICATION – An adjustment to Rowan’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to Rowan’s education programs and activities, based on a student’s individualized needs. A requested modification that would fundamentally alter the nature of the education program or activity is not a reasonable modification.
V. REFERENCES
- Title IX of the Education Amendments of 1972
- Policy Prohibiting Discrimination in the Workplace and Educational Environment
VI. POLICY
- Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination based on sex in the University's programs and activities. It reads: “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.” As a University of Federal financial assistance, the University has jurisdiction over complaints alleging discrimination based on sex, including discrimination based on pregnancy or related conditions and/or parental status. New Jersey Law also ensures equal rights and opportunities for pregnant students in higher education.
- Notice of Pregnancy or Related Conditions - When a student, or a person who has a legal right to act on behalf of the student, informs any employee of the University of the student’s pregnancy or related condition as defined above, unless the employee reasonably believes that the Title IX Coordinator has been notified, the employee must promptly provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent discrimination based on sex and ensure the student’s equal access to the University’s education program or activity. A student or their legal representative informs an employee of a student’s pregnancy or related condition when the student or such person tells the employe that the student is pregnant or experiencing pregnancy-related conditions, either verbally or in writing.
The Title IX Coordinator is: Brandy Bennett
Office of Student Equity & Compliance, Hawthorn Hall
856-256-5440 or 856-256-4562
bennettb@rowan.edu
Once the student, or their legal representative, informs the Title IX Coordinator of the student’s pregnancy or related condition, the Title IX Coordinator will take steps to promptly and effectively prevent discrimination based on sex and ensure equal access the University’s education programs and activities, including by (i) notifying the student (and legal representative if applicable) of the University’s obligations under this policy, providing the University’s notice of nondiscrimination, and coordinating steps to prevent discrimination and ensure equal access; (ii) providing reasonable modifications; (iii) allowing the student voluntary access to a separate and comparable portion of a program or activity if applicable; (iv) allowing a voluntary leave of absence; and/or (v) providing lactation space. - Reasonable Modifications for Pregnancy or Related Conditions
- The University will make reasonable modifications to its policies, practices, or procedures as necessary to prevent discrimination based on sex and ensure equal access to the University’s education program or activity. Each reasonable modification will be based on the student’s individualized needs. In determining what modifications will be made, the University will consult with the student. A requested modification that would fundamentally alter the nature of the University’s education program or activity is not a reasonable modification. The student has discretion to accept or decline each reasonable modification offered by the University. The University will implement the reasonable modification(s) accepted by the student.
- Reasonable modifications may include, but are not 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; changes in schedule or course sequence as appropriate; extensions of time 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; or other changes to policies, practices, or procedures.
- The University does not engage in discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity provided that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions
- Voluntary Leave of Absence
- The University will allow a student to voluntarily take a leave of absence from its education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. To the extent that a student qualifies for leave under a leave policy maintained by the University that allows a greater period of time than the medically necessary period, the University will permit the student to take voluntary leave under that policy instead if the student so chooses. When the student returns to the University’s education program or activity, the student will be reinstated to the academic status and, as practicable, to the extracurricular status, that the student held when the voluntary leave began.
- Documentation
- The University will not require documentation to support a request for reasonable modifications, participation in a separate and comparable portion of a program or activity, voluntary leave of absence, or lactation space, unless the documentation is necessary and reasonable for the University to determine the reasonable modifications to make or whether to take additional specific actions. The University will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital benefit, service, plan or policy the University administers, operates, offers, or participates in with respect to students admitted to its education program or activity.
- The University will not require a student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in a class, program or extracurricular activity unless: (i) the certified level of physical ability or health is necessary for participation in the class, program or extracurricular activity; (ii) the University requires such certification of all students participating the class, program or extracurricular activity; and (iii) the information is not used as a basis for discrimination.
- Lactation Space
The University provides lactation spaces that are not bathrooms, and are clean, shielded from view, and free from intrusion from others, that may be used by a student for expressing breast milk or breastfeeding as needed. Please contact the Title IX Coordinator for assistance in locating a lactation space or visit Title IX: Pregnancy & Related Conditions (rowan.edu). - Training
University employees will receive training with respect to the notification and information requirements set forth in this policy.