Title IX prohibits discrimination on the basis of pregnancy as well as marital and parental status, and protects students, employees, applicants for admission, and applicants for employment. This means that pregnant students can seek reasonable academic modifications to ensure equal access to their academic programs during their pregnancy. Such modifications may not fundamentally alter their education program, or cause an undue hardship to Nova Southeastern University. Students can seek academic modifications related to their pregnancy, childbirth, termination of pregnancy, lactation, and/or medical conditions related to these or recovery from these. The student’s individual pregnancy-related medical needs, the requirements of their academic program, and the timing of the pregnancy are taken into consideration when determining reasonable modifications. For faculty this means that:
- A student who is pregnant or has a related condition should be treated similarly to students with temporary disabilities.
- If your program allows for excused absences, any medically necessary absences verified by the Title IX Coordinator must be excused and the student must be allowed to make up work missed.
- If a student takes a leave of absence due to pregnancy, the student must be able to return to the same academic status before the leave.
- Pregnant students may not be excluded from participating in particular classes or programs, and certification to return to class cannot be required unless it is required for all other students.
If a student discloses a pregnancy to you, you should inform the student of their right to contact the Title IX Coordinator to discuss options for ensuring the student can participate in class and have any medically necessary accommodations. Once the student provides medical documentation to the Title IX Coordinator, the student will receive a verification letter to review with you which discusses the necessary accommodations. It is up to you to identify what academic activities may be appropriate that preserve the quality of the course or academic requirement, while still allowing for the modification. If there are multiple options available, you are encouraged to offer those to the student. Commons modifications include:
- Rescheduling an exam or breaking an exam up into multiple parts
- Excusing an absence from class and giving an alternate assignment
- Allowing a student to participate in class virtually while on bedrest
- Allowing for extra breaks to pump break milk
- Granting an incomplete or leave of absence, if applicable
Frequently Asked Questions
The easiest way to refer them to the Title IX Coordinator is to either provide the Title IX Coordinator's email and contact information or ask them if you can forward their name to the Title IX Coordinator, who will then reach out to the student directly.
Usually this means planning ahead to reschedule the exam for another date. This may include having the student take it earlier or giving an incomplete to take it later. Depending on the nature of the course, you may opt for an alternate to the exam, such as a presentation or other type of way to demonstrate the learning of the material.
No. You should refer the student to Title IX or Student Disability Services for verification of absences and/or accommodations. Do not ask a student for medical documentation directly, unless the student wants to provide that for a leave of absence. For a leave of absence, students must provide medical documentation, which can be given to the program directly or to the Title IX Coordinator who will provide verification to the department.
If the student provides documentation after returning (e.g., from childbirth), you may still be required to retroactively accommodate them under Title IX. It’s similar to other medical leave—late notice doesn’t erase their rights.
Title IX as a federal civil rights law overrides individual class grading policies. However, there are often reasonable ways to accommodate this. Some examples include: recording a lecture and asking the student to watch it and provide feedback, meeting one-on-one or with a small group, or doing alternate assignments that cover the same content. There may be in-person requirements for clinical supervision hours or other such accreditation
requirements that cannot be waived without fundamentally altering the program. You can discuss these with the Title IX Coordinator if you have questions. In general, if there is ever an alternative offered for any other type of temporary condition, an alternative should be offered for pregnant students.
No, Title IX protections for parenting students does not extend to childcare. A student needs to make other arrangements besides bringing their baby/child to class.
Be cautious. While casual conversation isn’t prohibited, probing into their medical status can be inappropriate. Don’t make assumptions or decisions based on pregnancy (like changing seating, participation grades, etc.) unless the student requests a modification.
The Title IX office will excuse absences for the birth of a student’s child for both the pregnant student as well as a non-pregnant expecting student. You may decide to allow other absences at your discretion as a faculty member.
No, they are not required to do so. Title IX protects pregnant students and the Title IX office can issue letters similar to how disability services does. However, since any student may contact disability services for medical conditions, pregnant students can choose to work through disability services., Disability Services may also be involved for long-term conditions (e.g., if the student develops a pregnancy-related condition like gestational diabetes or preeclampsia).
Yes. Title IX protects all students from pregnancy discrimination—including graduate students, medical or law students, teaching/research assistants, and student employees. This includes access to coursework, labs, research, and employment benefits.
You can contact the Title IX Coordinator if you think the student is requesting something unreasonable or does not want to complete the alternatives you have agreed upon. If a student is requesting an academic modification that fundamentally alters the essential nature of the educational program, you or your academic program leadership may need to document that for the Title IX Coordinator. The Title IX Coordinator is a resource to both you and the student in determining what academic accommodations are appropriate under Title IX.
You should not discourage a pregnant student from continuing her education. Suggesting a student drop or delay coursework because of pregnancy can be discriminatory under Title IX. However, there may be occasions when the academic program requirements do not allow for reasonable modifications needed by the student. For example, if a student must complete clinical rotation hours during a semester and is not able to do so when they are on bedrest, they may need to take a leave until they can fulfill that requirement.
Refer them immediately to the Title IX Office. Title IX prohibits discrimination, exclusion, or harassment based on pregnancy or parenting status. The student may be entitled to support services, academic flexibility, and protection from bias.
The U.S. Department of Education's Office for Civil Rights (OCR) has released several resources that may be useful to review:
Supporting the Academic Success of Pregnant and Parenting Students