XXI. Pregnancy Parenting and Lactation Policy

1. POLICY SUMMARY

Maryville College is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972. Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs, and activities, hiring, leave policies, employment policies, and health insurance coverage.

1. POLICY TEXT

(1) Scope

This policy applies to Maryville College students in all aspects of Maryville College’s programs, including admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage. Maryville College employees, who are not students, should refer to Human Resources policies.

(2) Definitions

1. 1. “Medical necessity” is a determination made by a health care provider of a student’s or employee’s choosing.
   2. “Pregnancy or related conditions” include (but are not limited to) pregnancy, childbirth, termination of pregnancy, lactation, conditions arising in connection with pregnancy, and recovery from any of these conditions, in accordance with federal law.
   3. “Pregnancy discrimination” includes treating a person affected by pregnancy or a pregnancy related condition less favorably than similar individuals not so affected and includes a failure to provide legally mandated leave or accommodations.
   4. “Parenting” – For the purpose of this policy, parent means a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is:
      1. A biological parent;
      2. An adoptive parent;
      3. A foster parent;
      4. A stepparent;
      5. A legal custodian or guardian;
      6. In loco parentis with respect to such a person; or
      7. Actively seeking legal custody, guardianship, visitation, or adoption of such a person.
   5. “Reasonable modifications” for the purposes of this policy are changes in the academic environment or typical operations that enable a pregnant student or student with a pregnancy related condition to continue to pursue their studies and enjoy equal benefits of the University.
   6. The term “lactating students” is intended to include any student who expresses milk for the nourishment of a child.
      
      

(3) Non-discrimination and reasonable modification for students affected by pregnancy or related conditions

1. 1. Maryville College and its faculty, staff, and other employees shall not require a student to limit their studies due to pregnancy or related conditions.
   2. The benefits and services provided to students affected by pregnancy shall be no less than those provided to students with temporary medical conditions.
   3. Students with pregnancy-related disabilities, like any other student with a disability, are entitled to reasonable accommodation so they will not be disadvantaged in their courses of study or research and may seek assistance from the Office of Disability Resources and Accessibility.
   4. Reasonable modifications are provided on an individualized and voluntary basis. Reasonable modifications may include, but are not limited to:

• • • Breaks during class for health needs, lactation, and other associated physical limitations
    • Intermittent absences to attend medical appointments
    • Access to online or other homebound education, for a period of time
    • Changes in schedule or reasonable course sequence
    • Extensions for deadlines
    • Rescheduling exams
    • Changes in physical space or supplies (ex: access to larger desk or footrest)
    • Elevator access
    • Voluntary leave
    • Other reasonable changes to policies, practices, or procedures as determined through individualized assessment

(4) Lactation Policy

1. 1. Lactation Spaces
      • The College shall provide clean, private spaces to students for the purposes of ` expressing milk. Restrooms will not be classified as lactation spaces.
      • To ensure privacy, lactation spaces will be equipped with locks and window coverings (if needed). If a space is to be shared by one or more lactating persons, privacy screens will be provided.
      • Refrigerators will be provided as feasible.
        1. A list of lactation spaces available on campus is available by contacting the Title IX Coordinator.
   2. Lactation Breaks
      • Students are encouraged to make reasonable efforts to express milk outside of class time when possible.
      • Lactating students who must pump during a portion their class period shall inform the instructor of the need and estimated time away from class as soon as possible.
      • Faculty may not penalize students for missing class time to express milk.
      • Faculty and students shall work together to identify solutions for making up missed in-class assignments or participation credits, as well as instruction missed.
   3. Lactation Accommodations
      • Students who need accommodations related to lactation needs, other than lactation breaks and a lactation space, may request other reasonable accommodations through the Office of Disability Resources and Accessibility.
      • Exam accommodations shall be provided as necessary and may include extending the available time period for an exam to allow for the expression of breast milk or situating the exam room closer to a lactation space to minimize disruption.
      • Maryville College shall accommodate any lactation-related impairments, such as serious infections, as it would other temporary medical conditions.
   4. Direct Breastfeeding/Chestfeeding is permitted at any campus building or space that the lactating student and infant/child are otherwise permitted to be present.
      
      

(5) Academic Accommodations Policy for Parenting Students

1. 1. Students with parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of their child or placement of a foster child may request academic accommodations for a period of up to one semester beginning within the first six months of the child entering the home. Extensions may be granted where additional time is required due to medical necessity or extraordinary parenting responsibilities. Academic accommodations should not be used in lieu of regular childcare.
   2. During this period, the student’s academic requirements will be adjusted and deadlines postponed as appropriate. The student may elect to attend classes in-person or virtually, where feasible.
   3. A student can request academic accommodations under this section regardless of whether the student elects to take leave.
   4. While receiving academic modifications, the student will remain registered and retain benefits accordingly.
      
      

(6) Academic Leave of Absence

1. 1. Faculty, staff, or other employees shall not require a student to take a leave of absence or withdraw from or limit their studies due to pregnancy, childbirth, or related conditions.
   2. Duration of Voluntary Leave: Pursuant to Title IX, Maryville College shall treat pregnancy and related conditions as a justification for a leave of absence. The College allows for a voluntary leave of absence for, at a minimum, as long a period of time as is deemed medically necessary by a student’s physician or other licensed healthcare provider. The College’s policies and procedures for leave and temporary accommodation are available to students requesting leave under this policy.  The leave term may be extended in the case of extenuating circumstances or if medically necessary due to the health of the student.
   3. A student taking a leave of absence under this policy shall provide notice of the intent to take leave thirty days prior to the initiation of leave, or as soon as practicable. The College understands that extenuating circumstances may require an individual to take leave on short notice and will work to accommodate the individual under those circumstances.
   4. Intermittent leave may be taken with the advance approval of the Title IX Coordinator.
   5. Upon return from leave, the student will be reinstated to their program in the same status as when the leave began.
   6. Continuation of the student’s scholarship, fellowship, or similar university-sponsored funding during the leave term will depend on the student’s registration status and the policies of the funding program regarding registration status. Students will not negatively impact or forfeit their future eligibility for their scholarship, fellowship, or similar university-supported funding by taking leave under this policy.
      
      

(7) Retaliation and Harassment

1. 1. Harassment by any member of College community based on sex, gender, gender identity, gender expression, pregnancy, or parental status is prohibited.
   2. Faculty, staff, and other College employees are prohibited from interfering with a student’s taking leave, seeking reasonable accommodation, or otherwise exercising their rights under this Policy. Faculty, staff, and other College employees are prohibited from retaliating against a student for exercising the rights articulated by this Policy, including imposing or threatening to impose negative educational outcomes because student requests leave or accommodation, files a complaint, or otherwise exercises their rights under the Policy.

(8) Dissemination of the Policy and Training: A copy of this Policy shall be made available to faculty, staff, and employees in their required training and posted on the Maryville College website. The Title IX Coordinator shall make educational materials available to all members of the Maryville College community to promote compliance with this Policy and familiarity with its procedures. When a student discloses a pregnancy to any employee of Maryville College, the College will provide the student with information about this policy and the contact information for the Title IX Coordinator.

(9) Compliance

1. 1. Reporting: Any member of the College community may report a violation of this Policy to any supervisor, manager, or Title IX Coordinator. Supervisors and managers are responsible for promptly forwarding such reports to the Title IX office.
   2. Grievance process: Complaints of discrimination based on pregnancy, related conditions, or parental status will be addressed under the College’s Discrimination and Harassment Policy.