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Pregnancy and Related Conditions Policy

1. Non-Discrimination Statement


Northampton Community College (NCC) does not discriminate in its education program or activity against any applicant for admission, student, applicant for employment, or employee on the basis of current, potential, or past pregnancy or related conditions as mandated by Title IX of the Education Amendments of 1972 (Title IX). NCC prohibits members of the NCC community from applying any rule or taking any action which 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 students. For pregnancy and related conditions protections for employees, contact the Office of Human Resources for information on the Family Medical Leave Act (FMLA).


2. 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.

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.  Or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability.

Pregnancy and Related Conditions. Pregnancy, childbirth, false pregnancy, termination of pregnancy, lactation, medical conditions related thereto, or recovery therefrom.

Reasonable Modifications. Individualized modifications to the NCC’s policies, practices, or procedures to prevent discrimination on the basis of pregnancy or a related condition and that do not fundamentally alter the NCC’s education program or activity.


3. Information Sharing Requirements


Any NCC employee who becomes aware of a student’ pregnancy or related condition is encouraged to provide the student with the Title IX Coordinator’s contact information and explain that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to the NCC’s education program and activity.

Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of the NCC’s obligations to prohibit sex discrimination on the basis of pregnancy or related conditions. Additionally, the Title IX Coordinator will inform the student of the NCC’s ability to:

  • 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 period of non-enrollment while minimizing any related penalties

  • Allow continued participation in all programs and activities, including athletics

  • Ensure lactation space availability

  • Ensure flexibility with lactation (nursing, pumping, etc.)

When a student is experiencing pregnancy-related conditions, the Title IX Coordinator will notify the student that the NCC will 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.


4. Reasonable Modifications


Students who are pregnant or are experiencing related conditions may request Reasonable Modifications to ensure equal access to the NCC’s education program and activity and to prevent sex discrimination. Any student seeking Reasonable Modifications must contact the Title IX Coordinator to discuss appropriate and available Reasonable Modifications based on the pregnant student’s individual needs. Students are encouraged to request Reasonable Modifications as promptly as possible. Retroactive modifications may be available in limited circumstances. Reasonable Modifications are voluntary, and a student can accept or decline the Reasonable Modifications offered. 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 to attend medical appointments

  • Access to online or homebound education, where available

  • Changes in schedule or course sequence, where available

  • 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 reasonable changes to policies, practices, or procedures determined by the Title IX Coordinator

In situations such as clinical rotations, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave. The Title IX Coordinator will work with students, their faculty members, and the NCC’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.

Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer or to determine specific actions to take to ensure equal access.

Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to implement the 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 may refer a student experiencing pregnancy-related conditions to Accessibility Resource Center to ensure the student receives reasonable accommodations for their temporary disability as required by law.


5. 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 healthcare 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


6. Lactation Space Access

 
The NCC provides 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. Restrooms will not be designated as appropriate lactation spaces.

Lactation spaces are located in the following areas:

  • Bethlehem Campus:  College Center room 381

  • Pocono Campus: Kapp Hall room 010B

  • Fowler Campus: Fowler room 016


7. Period of Non-Enrollment


The College complies with Title IX regulations, which allows a student to have a break in their enrollment at the College for medical reasons related to pregnancy and recovery for the length of time recommended by their physician. Students who have a medical emergency related to their pregnancy and as a result withdrawal from their in-progress courses may be eligible for a tuition credit. Additionally, students who were unable to withdrawal from a course(s) by the deadline due to a medical emergency related to their pregnancy may be eligible for a retroactive withdrawal. Students should refer to the College's Retroactive Withdrawal and Tuition Credit Policy and Procedures for Emergency Medical/Extenuating Circumstances.

Upon returning to the College, the student will retain their same academic status held at the time the break began. Students anticipating a break in their enrollment for more than two major semesters (excluding Summer) should notify the Office of Records and Registration.  Students enrolled in selective or cohort-based programs at the time of their non-enrollment are encouraged to discuss with the program Director how a withdrawal may affect their progress, as program-specific policies may apply.

Continuation of students’ scholarships or similar NCC-sponsored funding during the non-enrollment term will depend on student registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted, nor will they forfeit their future eligibility for scholarships or other NCC-supported funding, by exercising their rights under this policy. However, financial aid eligibility and related matters are subject to federal guidelines for recipients of Title IV aid and may fall outside the scope of this policy. For more information, refer to the Federal Policy on Satisfactory Academic Progress.

Student housing information during a period of non-enrollment can be found in the Resident Student Handbook.

Any questions related to a period of non-enrollment should be directed to Enrollment Services.


8. NCC Housing


A pregnant student’s NCC housing status will not be altered based on pregnancy status unless requested by the student. No one under the age of 17 is permitted to live in the campus residence halls. Parenting students’ access to housing is governed by the Resident Student Handbook.


9. Policy Dissemination and Training


A copy of this policy will be made available to students, faculty and employees and posted on the NCC Title IX website. NCC will alert all new students about this policy and the location of this policy as part of orientation. The Title IX office will make educational materials available to all members of the NCC community to promote compliance with this policy and familiarity with its procedures.

10. Complaints


Students who wish to make a complaint regarding discrimination, harassment, or retaliation on the basis of current, potential, or past pregnancy or related conditions may do so by contacting the Title IX Coordinator directly.

Dr. Alyson C. Patascher
Title IX Coordinator & Clery Compliance Specialist
570-369-1960
apatascher@northampton.edu
https://www.northampton.edu/about/title-ix/