According to guidance received from the Department of Education’s Office of Civil Rights (“OCR”), under Title IX, colleges must not exclude a pregnant student from participating in any part of an educational program. In an effort to comply with the provisions of Title IX, Greenville Technical College’s Title IX team has developed this memorandum to summarize and provide guidance regarding the protections and accommodations under Title IX for students who are pregnant or new parents.
The information contained in this document only pertains to pregnant students attending Greenville Technical College (“GTC”) whose pregnancy is WITHOUT medical complications. If a student develops medical complications during pregnancy, she should contact GTC’s Student Disability Resource Center for information regarding accommodations.
A student should advise the Title IX Coordinator of a potential need for Title IX accommodations as soon as she knows that she is pregnant. It is extremely important that communication between the student, instructors, and the Title IX Coordinator begin as soon as possible.
Certain educational programs may have strict certification requirements or requirements mandated by outside regulatory agencies. Therefore, in some programs, the application of Title IX accommodations may be limited.
Title IX accommodations DO NOT apply to Financial Aid. Financial Aid regulations do not give the college any discretion in terms of Financial Aid eligibility. Any impact on a student’s Financial Aid due to absences related to pregnancy or childbirth is dictated by Financial Aid regulations, not the college. Therefore, if the student believes the pregnancy may affect Financial Aid eligibility, the student should contact the Financial Aid Office for additional information as soon as possible.
Greenville Technical College must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s physician deems the absences medically necessary. When a student returns to school, she must be allowed to return to the same academic and extracurricular status she had before her medical leave began. Medical certification from the student’s physician is required to confirm the student’s absences.
It is the policy of GTC that instructors and administrators not require, or infer that, the student drop out of her classes or program or change her educational plans due to pregnancy.
GTC may require a pregnant student or student who has given birth recently to submit medical certification allowing her to participate in college activities. This certification is similar to medical documentation required of other students with physical or emotional conditions requiring the attention of a physician. For example, a student who has been hospitalized for childbirth is required to submit a medical certificate to return to school if a certificate is required of students who have been hospitalized for other conditions.
For students who are pregnant or who are new parents, pre-planning is the key to successful implementation of Title IX accommodations. A student should advise the Title IX Coordinator of the potential need for Title IX accommodations as soon as she knows she is pregnant. This notice allows time for advising, planning schedules, and arranging accommodations before they are needed.
It is critical for the student to communicate with GTC as soon as possible in order for the Title IX Coordinator, instructors, Academic Deans, and other personnel to facilitate reasonable accommodations as efficiently as possible.
Please note that regulatory and/or certification requirements of certain programs may limit the application of Title IX accommodations.
What types of assistance must GTC provide to a pregnant student at school?
To ensure a student’s reasonable access to educational programs, GTC may be required to make accommodations that are responsive to the student’s temporary pregnancy status. For example, GTC may provide a larger desk, allow frequent trips to the restroom, or permit the student to have a beverage in class. Each situation is unique, so communication between the student and the instructor is critical.
Does GTC have to excuse a student’s absences due to pregnancy or childbirth?
Yes. Title IX requires schools to excuse a student’s absences due to pregnancy or pregnancy-related conditions, including recovery from childbirth, for as long as the student’s physician deems the absences to be medically necessary. When the student returns to school, she must be reinstated to the status she held when the leave began, which should include giving her the opportunity to make up any work missed.
GTC may offer the student alternatives to making up missed work, such as retaking courses in a later semester or allowing the student additional time in a program and letting her finish at a later date, especially after long periods of leave.
The instructor adjusts grades based on class attendance. Can the student’s grade be lowered because of the classes missed?
No. A student may not be penalized for being pregnant or experiencing pregnancy-related conditions. If an instructor provides specific credit or other advantages to students based upon class attendance, the student must be given the opportunity to earn back the credit from classes she missed so that she can be reinstated to the status she held before she took leave.
What if some instructors or programs at GTC have their own policies about class attendance and make-up work?
Every institution that receives federal financial assistance is bound by Title IX. Therefore, GTC must ensure the policies and practices of individual teachers are consistent with Title IX and do not discriminate against pregnant students. For example, an instructor may not refuse to allow a student to submit work after a deadline she has missed due to pregnancy or childbirth. In addition, if an instructor’s grading is based in part on class attendance or participation, the student should be allowed to earn the credits she missed. Each individual instructor’s policies must comply with the provisions of Title IX.
My class/program has a three absence limit before I will be automatically withdrawn.
GTC must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s physician deems the absences medically necessary and proper medical certification is obtained. Students who are approved for Title IX accommodations should not be withdrawn from a class or program and must be allowed to make up the missed time and work as long as their absences are related to the pregnancy or childbirth.
The student is responsible for regular and ongoing communication with instructors. This is critical to the instructors’ understanding of the student’s circumstances as the pregnancy progresses.
Does GTC have to allow a student make up the work she missed while she was absent due to pregnancy and/or childbirth?
Yes, according to Title IX guidance, GTC must allow a student make up work missed while she was absent due to pregnancy-related medical conditions, including recovery from childbirth. GTC has to provide her with the resources and opportunity to make up all of the work she would have been required to complete while she was absent.
What about internships, externships, and other off-campus elements of her program - does she have a right to participate in those while pregnant?
Yes. GTC must allow the student to continue participating in off-campus programs. For example, if her program provides opportunities to “work in the field,” GTC cannot deny her participation based upon pregnancy. However, GTC may require medical certification from a physician for participation provided the college or program requires such certification for all students who have a medical condition being treated by a physician. If medical certification is provided, GTC must abide by the physician’s decision.
Please note that certain programs may have requirements that are beyond the control of GTC. These requirements may limit the options for accommodations that can be made available.
May an instructor require a student to keep up with lectures, reading assignments, papers, and online tests while at home on maternity leave?
An online class will be treated the same as a live class so a student’s absences will be accommodated as long as the student’s physician deems them medically necessary. The student may not be required to turn in work, even online, while on maternity leave until the physician releases her. GTC must provide the student with the opportunity to make up any work missed once her physician authorizes her return to school.
What if there are situations in which the availability of the instructor, the student, and the appropriate facility / equipment (ex. testing room, lab, etc.) cannot be coordinated?
Instructors should make every effort to find a mutually convenient time for the student to make up course work, labs, tests, etc. However, if issues arise, the instructor’s supervisor and the Title IX Coordinator should be contacted to help facilitate a resolution.
What if the student cannot make up the work during the semester? If the instructor gives her an Incomplete, her academic status may be negatively affected. What can be done to prevent the negative effect on the student’s academic status?
Students who are approved for Title IX accommodations will not have their academic status negatively affected so long as they are meeting the agreed-upon requirements. The Title IX Coordinator, Academics, and Student Services will work with the appropriate personnel to resolve the status.
May a student choose to take an Incomplete for the course even if she has not completed the required percentage of work?
Pregnant students who are approved for Title IX accommodations may be given an Incomplete, if requested.
Are Title IX accommodations retroactive?
No. A student should apply for pregnancy and childbirth accommodations with the Title IX Coordinator as soon as she finds out she is pregnant. GTC cannot go back to make accommodations retroactively. For example, if a pregnant student who has NOT requested Title IX accommodations completes a test and earns a failing grade, the student may not request accommodations retroactively to have the failing grade expunged or be retested.
If a student is taking online classes and tests but does not earn a passing score, is the instructor required to pass her?
No student is guaranteed to pass a class. Title IX requires accommodations but does not guarantee success. Title IX does not require the college to change a grade or refrain from awarding a grade that was earned through coursework.
Examples:
GTC may not require the student to perform additional work during her leave period if she has asked for additional time. We should assume her ability to work is limited by her medical condition; if her request is refused, GTC must articulate the hardship which would result from allowing her to make up the tests after her return.
Attending class the next term is a reasonable solution given the set up requirements for the lab. The college’s interpretation of Title IX is that the Department of Education would not expect programs to create new labs to serve a single student nor would they expect the class location to be moved. If the following term’s class session is full, we recommend that the Academic Dean and faculty consider the learning objectives of the course and look at whether there are any other courses in that term that teach the same material or similar enough material, for which certain labs could substitute for the missed labs. The issue is one of reasonableness. If there is no other class that would satisfy the learning objectives, then waiting until a subsequent term makes sense. Additionally, we should not consider overenrolling the student into a class if there would be a safety issue in the lab. That is an example of a hardship to the institution.
In this case, where the college has no information about the reason for her absences, the instructor should follow the usual college attendance policy and process. It is the student's responsibility to disclose information related to her condition and seek the accommodations. It is not the college's responsibility to independently identify pregnant students and assess their need for accommodations.
Title IX only ensures that a student has the opportunity to make up assignments, tests, projects, etc., that she has missed due to pregnancy or childbirth. It does not require the institution provide additional instruction. It is the student’s responsibility to master the course objectives through independent study and use of textbooks, handouts, online resources and exercises, Blackboard materials, etc. The student should also make sure that she utilizes the resources provided through Academic Support Services such as tutoring, study groups, etc.
In order to receive accommodations, a student who is pregnant or has recently given birth must complete the Title IX Pregnant and Parenting Student Excused Absence and Accommodation Request Form. The completed form must be delivered to the college’s Title IX Coordinator or the Student Disability Resource Center. The student should complete the form as soon as she knows that she is pregnant.
As soon thereafter as possible, the student must submit documentation from her physician indicating the dates of pregnancy and maternity leave and/or the date(s) and time(s) of medical appointments the student requests to be excused. Regular communication from the student is critical to ensure that the Title IX Coordinator and appropriate faculty and staff are aware of her needs so that appropriate accommodations can be made.
The instructor shall communicate to the student all coursework required to be completed, a preferred method for making up this work, and a time frame for work to be completed. This communication to the student should be provided in writing and shared with the Department Head, Academic Dean, Title IX Coordinator, and Student Disability Resource Center.
The Title IX Coordinator and/or Academic Dean or Department Head will work with the student and instructor to develop a plan to complete the coursework. The plan will outline specific assignments, labs, tests, and new dates for completion. The plan will be signed by the student, instructor, and Title IX Coordinator. A copy of the signed agreement will be given to the student, instructor, Academic Dean, and Title IX Coordinator.
If the student wants a grade of “Incomplete” to be recorded for a course, she must complete any process and documentation that is required by her academic program and her instructor. The time to complete coursework must be consistent with the college Academic Policy related to an “Incomplete” in place at the time the request is made.
Refunds for classes are NOT part of Title IX accommodations.Administrators, Counselors, Faculty, and Students must be informed of Title IX policies.
There should be a separate statement included in each academic syllabus. For example:
Any request for Title IX accommodations must be accompanied by the student’s physician’s written certification. Students needing assistance may seek accommodations from Title IX Coordinator or the Student Disability Resource Center. Please contact the Title IX Coordinator or the Student Disability Resource Center for additional information.
These guidelines and information must be included in the Student Handbook, the Faculty Handbook, and posted on the college’s website.
Students will be encouraged to meet with instructors, counselors, and advisors to pre-plan and consider options, including:
This information is subject to change as Title IX guidance is updated by the Department of Education.
If you have any questions or need additional information regarding pregnant students and accommodations, please contact the Title IX Coordinator, the Deputy Title IX Coordinator or the Student Disability Resource Center.
Title IX Coordinator
Anthony Davis
Associate Dean of Students
Student Center (105) - 218H
Barton Campus
864-236-6523
Anthony.Davis@dibaili.com
Title IX Deputy Coordinator
Barbara Wilson
Manager of Benefits & Time Management
Student Center (105) - Room 209
Barton Campus
864-236-6655
TitleIX@dibaili.com
Student Disability Resource Center
864-250-8202
Student Center (105) - Room 115
Barton Campus*
*services are also available at satellite campuses