Volume VI: 6.7 Pregnancy, Pregnancy-Related Conditions and Parenting Student Policy

Volume VI: 6.7 Pregnancy, Pregnancy-Related Conditions and Parenting Student Policy

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6.7   Pregnancy, Pregnancy-Related Conditions and Parenting Student Policy



6.7   Pregnancy, Pregnancy-Related Conditions and Parenting Student Policy

PREGNANCY, PREGNANCY-RELATED CONDITIONS AND PARENTING STUDENT POLICY

Effective Date:

May 30, 2025

Policy Number:

VI – 6.7

Supersedes:

Not Applicable.

Issuing Authority:

President

Responsible Officer:

Vice President for Student Affairs

Applicability:

All University students

History:






 PURPOSE

Canisius University seeks to create a community that promotes personal growth and development in a safe and welcoming environment. The University is committed to the belief that respect for the rights and dignity of all people must be protected. This goal is an integral part of all aspects of university life, rooted in our Jesuit Catholic identity and mission, and is essential to our community. The purpose of this Policy is to help ensure that Canisius University does not discriminate against and provides reasonable modifications and support to pregnant students, students with pregnancy-related conditions, and students who have recently become parents.



POLICY

Canisius University is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as required by Title IX of the Education Amendments of 1972 (Title IX). Consistent with obligations under federal regulations, 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, and employment policies. Canisius University hereby establishes a policy and associated procedures for ensuring non-discrimination and equal treatment, as well as a reasonable modifications process, for pregnant students, students with pregnancy-related conditions, and students who have recently become parents. Based on requests from the student, consultation with instructors, and a determination of reasonable modifications by the University, reasonable modifications provided to the student may include leaves of absence, academic adjustments, physical modifications, and other modifications for support and assistance for the student.



SCOPE

This Policy applies to all enrolled students (either full-time or part-time) and to all aspects of Canisius University’s activities, including, but not limited to, admissions; educational programs and activities; intercollegiate, club and intramural athletics; extracurricular activities; leave policies; and student employment policies. Individual departments or programs should consult with the Title IX Coordinator about any questions about this policy or issues related to pregnancy, childbirth, or related conditions, and may adopt related department or program protocols or processes only in conjunction with the Title IX Coordinator and consistent with the provisions of this policy.



DEFINITIONS

A.      Caretaking: caring for and providing for the needs of a child.

B.      Medical Necessity: a determination made by a health care provider (of the student’s

choosing) that a certain course of action is in the patient’s best health interests.

C.      Parenting: the raising of a child by the child’s parents or guardians in the reasonably immediate postpartum period, which is typically within 6 months from the birth or adoption of a child unless that period is extended.

D.     Pregnancy and Pregnancy-Related Conditions: include (but are not limited to) pregnancy, childbirth, false pregnancy, termination of pregnancy, miscarriage, conditions arising in connection with pregnancy, and recovery from any of these conditions.

E.      Pregnancy Discrimination: includes treating an individual 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 reasonable modifications.

F.       Pregnant Student/Birth Parent: refers to the student who is or was pregnant. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

G.     Reasonable Modifications: (for the purposes of this policy) changes in the academic environment or typical operations that enable pregnant students or students with pregnancy-related conditions to continue to pursue their studies and enjoy the equal benefits of Canisius University.



PROCEDURES

Reasonable Modifications of Students Affected by Pregnancy, Childbirth, or Related Conditions

Although a student is not required to disclose a pregnancy, it is the student’s responsibility to disclose pregnancy status to request desired pregnancy modifications or adjustments to ensure successful completion of the student’s education program.  The University encourages pregnant students to work with the Title IX Coordinator as early as possible to develop an appropriate plan for meeting the student’s education needs.  Students seeking pregnancy or parenting related modifications should contact the Title IX Coordinator, Debbie Owens, Frisch 006, 716.888.3781. owens30@canisius.edu.

a.   Canisius University and its faculty, staff, and other employees will not    require students to limit their studies as the result of pregnancy or pregnancy-related conditions.

b.      The benefits and services provided to students affected by pregnancy will be no less than those provided to students with temporary medical conditions.

c.       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 student with a short-term or temporary disability.  The Title IX Coordinator will assist the student with registering with Student Accessibility Services to ensure the student receives reasonable accommodations for their disability as required by law.

d.      Requests for modifications for pregnancy or pregnancy-related conditions should be made to the Title IX Coordinator.

e.      Students may make requests for modifications for pregnancy or pregnancy-related conditions at any time. No artificial deadlines or time limitations will be imposed on requests for modifications, but Canisius University is limited in its ability to impact or implement modifications retroactively. Modifications may need to change over the course of a pregnancy (including post-delivery).

f.        If the student is seeking modifications, the Title IX Coordinator may obtain medical documentation from the student’s health care provider as to the pregnancy, pregnancy-related condition, and/or recommended modifications that are medically necessary.

g.       The Title IX Coordinator will engage in an interactive process with the student who is requesting modifications for pregnancy or a pregnancy-related condition. The Title IX Coordinator will also discuss requested modifications with instructors, academic department leaders, athletics staff, or other administrators, as needed, to review and determine reasonable modifications. Any reasonable modifications or adjustments that have been agreed upon will be documented and signed by the student and the Title IX Coordinator.

h.      Reasonable modifications may include, but are not limited to:

     i.        Providing modifications requested by a pregnant student to protect the health and safety of the student and/or the pregnancy (such as allowing the student to maintain a safe distance from hazardous substances);

    ii.       Making modifications to the physical environment (such as accessible seating);

    iii.     Providing mobility support;

    iv.     Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences;

    v.       Offering remote learning options, typically for a defined period of time;

    vi.     Excusing medically necessary absences (as supported by medical documentation and irrespective of classroom attendance requirements set by an instructor, department, or division);

    vii.   Granting leave per Canisius University’s Withdrawal or Leave of Absence policies or implementing incomplete grades for classes that will be resumed at a future date; or

    viii. Allowing breastfeeding students reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible. Bathroom stalls do not satisfy this requirement. Dedicated permanent lactation space may be found in the lower level of Old Main, OM 005.           Please contact the Human Resources office or the Title IX Coordinator to obtain the door code.  HR personnel can be reached at 716.888.2240 or hr@canisius.edu.  If a student wishes to request an alternative space, the student could contact the Title IX Coordinator.

i.         Nothing in this policy requires modification to the essential elements, requirements or technical standards of any academic program.

j.        Pregnant students cannot be channeled into an alternative program or school, unless requested or voluntarily agreed to by the student.

k.       As appropriate and/or requested, the Title IX Coordinator may provide information to students about on campus and community resources available for pregnant or parenting students, including mental health resources.



                                Modified Academic Responsibilities for Parenting Students

a.      Students with child caretaking/parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of a child or placement of a foster child or other extraordinary parenting responsibilities may request an academic modification period of up to two (2) weeks beginning within the first six (6) months from the time of birth, adoption, placement or extraordinary circumstances. Extensions may be granted when additional time is required by medical necessity or extraordinary caretaking/parenting responsibilities.

b.      During the modification period, the student’s academic requirements will be adjusted and deadlines postponed as appropriate and feasible considering the program’s essential requirements or technical standards, in collaboration with the Title IX Coordinator, the student’s academic advisor and/or instructors, and/or the appropriate academic department(s).

c.       Students seeking a period of modified academic responsibilities may consult with the Title IX Coordinator to determine appropriate and reasonable academic modifications. The Title IX Coordinator will engage in an interactive process with the student to determine an appropriate academic modification plan, in consultation with the academic advisor, instructors and/or academic department. Should the period of modification span across multiple semesters, the plan may need to be revisited in light of new courses and new instructors. As needed, the Title IX Coordinator will communicate all requests under this policy to students’ instructors and/or academic advisor and coordinate modification-related efforts with the advisors unless the student specifically requests that their advisors be excluded. Any reasonable modifications or adjustments that have been agreed upon will be documented and signed by the student and the Title IX Coordinator.

d.      Once confirmation of modifications is received from the Title IX Coordinator, students are encouraged to work with their advisor and instructors to reschedule course assignments, lab hours, examinations, or other requirements, and/or to reduce their overall course load, as appropriate. If, for any reason, caretaking/parenting students are not able to work with their advisor/instructors to obtain appropriate modifications, students should alert the Title IX Coordinator as soon as possible, and the office will help facilitate reasonable modifications and adjustments.

e.      Extended deadlines, make-up assignments (e.g., papers, quizzes, tests, and presentations), tutoring, independent study, online course completion options, and incomplete grades that can be completed at a later date (and potentially extensions of the deadline for changing an incomplete to a final grade), may be requested and considered, in addition to any other ergonomic and assistive supports typically provided by Student Accessibility Services.

f.        Students can request modified academic responsibilities under this policy regardless of whether they elect to take a leave of absence.

g.       While receiving academic modifications, students will remain registered and retain benefits accordingly.

h.      If an academic modification plan is not possible due to the essential requirements of the program or credentialing requirements, the student may be granted alternative modifications or may request a leave of absence or withdrawal.



                                Leave of Absence

a.      Appropriate treatment of a pregnant student includes granting the student leave for so long a period of time as is deemed medically necessary by the student’s physician, and then effectively reinstating the student to the same status as was held when the leave began.  This generally means that pregnant students should be treated by the University the same way as someone who has a temporary disability and will be given an opportunity to make up missed work wherever possible.

b.      To the extent possible, the University will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same course requirements that were in place when the leave began, consistent with how non-pregnant students with a temporary disability are treated.

c.    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 and in light of the essential requirements and technical standards for the program.  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.

d.      As long as students can maintain appropriate academic progress, faculty, staff or other Canisius University employees will not require them to take a leave of absence or withdraw from or limit their studies as the result of pregnancy, childbirth, or related conditions, but nothing in this policy requires modification of the essential elements of any academic program.

e.      Enrolled students may elect to take a leave of absence for up to two academic terms within a 12-month period, excluding summer because of pregnancy and/or the birth, adoption, or placement of a child.  The leave term may be extended in the case of extenuating circumstances or medical necessity.

      i.            Undergraduate students must reach out to Jen Herrmann, Care Manager to initiate the leave process.  Jen can be reached at herrman1@canisius.edu or 716.888.2524.

     ii.            Graduate students must reach out to their program director or the Associate Dean of their particular school.

f.        Students taking a leave of absence under this policy will provide notice of the intent to take leave 30 calendar days prior to the initiation of the leave, or as soon as practicable. 

g.       Intermittent leave may be taken with the advance approval of the Title IX Coordinator and students’ academic department(s), when medically necessary.

h.      To the extent possible, the University will take reasonable steps to ensure that upon return from leave, students will be reinstated to their program in the same status when the leave began.

i.        Continuation of students’ scholarship, fellowship, or similar Canisius University-sponsored funding during the leave term will depend on the students’ registration status and the policies of the funding program regarding registration status.  Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowships or similar University-supported funding by exercising their rights under this policy.

j.        The Title IX Coordinator can and will advocate for students with respect to financial aid agencies and external scholarship providers if a leave of absence places eligibility into question.



                                 Student Employee Leave

a.      All student-employees who meet eligibility requirements for the Family and Medical Leave Act leave will be entitled to the protections of the Family and Medical Leave Act Under Human Resources’ Family and Medical Leave (FMLA) Policy, regardless of whether they are also students or hold post-doctoral status.

b.      For students that are not eligible for FMLA leave and/or Paid Parental Leave under the Human Resources’ policies, pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time (i.e. typically 6 weeks), at the conclusion of which employees will be reinstated to the status they held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.



                                 Retaliation and Harassment

a.      Harassment of any member of the University community based on sex, gender identity, gender expression, pregnancy, or parental status is prohibited.

b.      Faculty, staff, and other University employees are prohibited from interfering with students’ right to take leave, seek reasonable modifications, or otherwise exercise their rights under this policy.

c.       Faculty, staff and other University employees are prohibited from retaliating against students for exercising the rights articulated by this policy, including imposing or threatening to impose negative educational outcomes because students request leave or modifications, file a complaint, or otherwise exercise their rights under this policy.



                                 Housing Related Modifications

a.      Pregnant students’ on-campus housing status will not be altered based on pregnancy status unless requested by the pregnant students.



                                 Documentation and Privacy

a.      Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide reasonable modifications.  Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary.         

b.      Administrative responsibility for these modifications lies with the Title IX Coordinator, who will maintain all appropriate documentation related to modifications.        



                                 Reporting

a.      Any member of the Canisius community may report a violation of this policy to any supervisor, manager or to the Title IX Coordinator.  All mandated reporters are responsible for promptly forwarding such reports to the Title IX Office.  The Title IX Coordinator is responsible for overseeing complaints of discrimination involving pregnant and parent students.  The Title IX Coordinator is Debbie Owens.  She can be reached at 716.888.3781 or owens30@canisius.edu.

b.      Additionally, concerns/complaints can be submitted through the Canisius University Online Reporting Form.

c.       Concerns/Complaints may also be raised with the U.S. Department of Education’s Office of Civil Rights at OCR@ed.gov or 800.421.3481.

d.      Under OCR’s Case Processing Manual, complaints typically must be filed within 180 days of when the discrimination took place.

  1. To ask OCR to provide language access services or resources, which may include oral technical assistance or written translation of a publicly available OCR document, free of charge, contact OCR at 1.800.421.3481 (TTD:1.800.877.8339), or email OCR@ed.gov.  For information about the Department’s interpretation or translation services, please call 1.800.USA LEARN (1.800.872.5327 (TTY: 1.800.437.0833) or email ED.Language.Assistance@ed.gov.  To request documents in alternate formats such as Braille or large print, please contact the Department at 202.260.0852 or  email om_eeos@ed.gov



                                 Training

a.   A copy of this policy will be made available to faculty, staff, and employees in annually required training and posted on the Canisius website. In addition, the University will alert all new students about this policy and the location of this policy as part of orientation. The Title IX Coordinator will make educational materials available to all members of the University community to promote compliance with this policy and familiarity with its procedures.

 

Related Policies

Sexual and Gender-Based Misconduct (Title IX) Policy

Community Standards