Title IX Protections for Pregnancy and Related Conditions

Consistent with the University’s Non-Discrimination Statement, the University’s Discrimination and Harassment Policy, and the University’s obligations under Title IX of the Education Amendments of 1972 (“Title IX”), the University prohibits discrimination based on sex in its education programs and activities, including academics, athletics, educational, extracurricular, and other programs. This prohibition includes discrimination in admissions and employment based on a person’s current, potential, or past pregnancy or related conditions, or current, potential, or past parental, family, or marital status. 

When a student informs a University employee of the student’s pregnancy or related conditions, the employee must: 

  1. promptly provide the student with the Title IX Coordinator’s contact information (see below); and  

  1. inform the student that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and provide the student with equal access to the University’s education program or activity.  

The Title IX Coordinator can be reached at titleix@du.edu or (303) 871-7016. 

What is included in pregnancy and related conditions? 

Pregnancy or related conditions means:  

  1.  pregnancy, childbirth, termination of pregnancy, or lactation;  

  1. medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or  

  1. recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.  

Termination of pregnancy includes miscarriage, abortion, and stillbirth 

Recovery from pregnancy, childbirth, termination of pregnancy, lactation or related medical conditions 

What medical conditions are related to pregnancy, childbirth, termination of pregnancy or lactation? 

These include, but are not limited to: 

  • Pregnancy-related fatigue 

  • Dehydration 

  • Nausea 

  • Increased body temperature 

  • Anemia 

  • Bladder dysfunction 

  • Gestational diabetes 

  • Preeclampsia 

  • Hyperemesis gravidarum (severe nausea and vomiting) 

  • Pregnancy induced hypertension 

  • Infertility 

  • Ectopic pregnancy 

  • Prenatal or postpartum depression 

  • Lactation conditions – swelling/leaking of breast tissue or mastitis 

What other protections does Title IX provide?   

A prohibition on discrimination based on menstruation, perimenopause, menopause or their related conditions. 

Resources For Students  

What are reasonable modifications for pregnancy and related conditions? 

These are reasonable modifications to the University’s policies, practices, or procedures as necessary to prevent sex discrimination and provide students experiencing pregnancy or related conditions with equal access to the University’s education program or activity. 

If the University demonstrates that a modification would fundamentally alter the nature of its education program or activity, then that modification is not a reasonable modification. 

 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;  

  • access to online or homebound education;  

  • changes in schedule or course sequence;  

  • 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;  

  • voluntarily taking a leave of absence; or 

  • other changes to policies, practices, or procedures. 

The University understands that students may need different modifications at different times during their pregnancy or while experiencing pregnancy-related conditions. 

 Students may choose, based on pregnancy or related conditions, to voluntarily participate in a separate portion of the University’s education program or activity that is comparable to the program offered to students who are not pregnant and do not have related conditions. 

 If a student chooses to take a voluntary leave of absences from their education program or activity, the University will allow such leave for, at a 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 University leave policy that allows a greater period of time than the medically necessary period, the University will allow the student to take voluntary leave under that policy instead if the student chooses to do so

  • When the student returns to the 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

How can a student request reasonable modifications for their pregnancy or related condition? 

Contact the Title IX Coordinator by email, phone, or by scheduling a meeting 

  • The student can decide when to notify the University, but the University may not be required to act until it is notified of the student’s pregnancy or related condition.        

EOIX will consult with the student to discuss their individualized needs to determine what reasonable modifications are available 

  • If the University demonstrates that a modification would fundamentally alter the nature of its education program or activity, then that modification is not a reasonable             modification  

  • The student has discretion to accept or decline each reasonable modification offered by the University  

  • If a student accepts a reasonable modification that the University offered, the University will implement that modification 

  •  If there is more than one reasonable modification to address a student’s specific need, the University may choose whether to offer one or more reasonable                                  modifications. 

                                 If the student declines the modification offered by the University, the University is not required to offer other modification for that need. 

 Will the University require a student to provide documentation? 

The University must not require supporting documentation unless the documentation is necessary and reasonable for the University to determine the reasonable modifications to make or whether to take additional specific actions 

Examples of situations when requiring supporting documentation is not necessary and reasonable include, but are not limited to: 

  • When the student’s need for a specific action is obvious, such as when a student who is pregnant needs a bigger uniform;  

  • When the student has previously provided the University with sufficient supporting documentation;  

  • When the reasonable modification because of pregnancy or related conditions at issue is allowing a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom;  

  • When the student has lactation needs; or  

  • When the specific action is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation  

How will the University protect a student’s personal information related to a pregnancy or related conditions? 

The University will protect information about a student’s pregnancy or related conditions, requests for reasonable modifications or leave from disclosure except: 

  • When the student provides prior written consent for the disclosure; 

  • When the information is shared with an authorized legal representative with the legal right to receive the information; 

  • When necessary to carry out the purposes of Title IX; 

  • As required by federal law, federal regulations, or the terms and conditions of a federal award; 

  • To the extent the disclosure does not conflict with Title IX, its implementing regulations; when required by state or local law; or when permitted by the Family Educational Rights and Privacy Act of 1974 (FERPA) or its implementing regulations 

Will the University require a student who is pregnant or has related conditions to provide a certification from a healthcare provider or other person for the student is physically able to participate in a class, program, or extracurricular activity? 

The University will not require such certification unless:  

  • The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity;  

  • The University requires such certification of all students participating in the class, program, or extracurricular activity; and  

  • The University will not use the information related to the certification as a basis for discrimination prohibited by Title IX 

Will the University treat a student’s pregnancy or related condition differently from other temporary medical conditions? 

  • 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 the University’s education program or activity 

Does the University provide lactation spaces? 

  • The University provides lactation rooms across campus, which provide clean, private spaces that are not bathrooms for use to express breast milk or breastfeed/chestfeed, as needed.  

Resources for Faculty and Staff  

For information for employees regarding Pregnancy, Lactation and Family Resources, please see the HRIC Wellbeing webpag