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STUDENT RESOURCES

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PREGNANCY RIGHTS & RESOURCES

Title IX covers any education programs that receive federal funding - including LIT, LSCO, LSCPA, and LU.
 

Classes and Extracurriculars:

  • You can continue participating in classes and extracurricular activities even though you are pregnant.

  • You can choose whether to participate in special instructional programs or classes for pregnant students. You can join if you'd like, but your school cannot require or pressure you to do so.

  • You can participate in classes and extracurricular activities even though you are pregnant, and your school cannot require you to submit a doctor's note unless they also require a doctor's note from all students who have a physical or emotional condition requiring treatment by a doctor. They also must not require a doctor's note from you after delivery unless it requires a doctor's note from all students who have been hospitalized.

  • Your school must provide you with reasonable adjustments like a larger desk, elevator access, or allowing you to make frequent bathroom trips when necessary because of your pregnancy.

 

Excused Absences and Medical Leave:

  • You are allowed absences due to pregnancy or childbirth if your doctor says it is necessary.

  • You can return to the same academic and extracurricular status as before your medical leave began. This should include an opportunity to make up any missed work while you were out.

  • Your school must ensure teachers understand the Title IX requirements for excused absences/medical leave. Your teacher cannot refuse to allow you to submit work after a deadline because of pregnancy or childbirth. If your teacher grades based on attendance or participation, you should be allowed to make up the participation or attendance credits. They also must not require a doctor's note from you after delivery unless it requires a doctor's note from all students who have been hospitalized.

  • Your school must provide pregnant students with the same special services as students with temporary medical conditions.

 

Harassment:

  • Your school must protect you from harassment based on sex, including harassment because of pregnancy or related conditions. Comments that could constitute prohibited harassment include:

    • making sexual comments, jokes, propositions, or gestures

    • calling you sexually charged names

    • spreading rumors about your sexual activity           

 

Policies and Procedures:

  • Your school must have and distribute a policy against sex discrimination that makes clear that prohibited sex discrimination covers discrimination against pregnant and parenting students.

  • Your school should adopt and publish grievance procedures for students to file complaints of sex discrimination.

  • Your school should identify at least one employee in the school to carry out its responsibilities under Title IX Coordinator.

 

Helpful Tips for Pregnant and Parenting Students:            

  • Ask your school for help - meet with your school’s Title IX Coordinator or counselor regarding what your school can do to support you in continuing your education.

  • Keep notes about your pregnancy-related absences, any instances of harassment, and your interactions with school officials about your pregnancy, and immediately report problems to your school’s Title IX Coordinator, counselor, or other staff.

  • If you feel your school is discriminating against you because you are pregnant or parenting, you may file a complaint:

    • Using your school’s internal Title IX grievance procedures.

    • With the US Department of Education, Office for Civil Rights (OCR), even if you have not filed a complaint with your school. If you file with OCR, do so within 180 days of discrimination.

    • In court, even if you have not filed a complaint with your school or OCR.

PARENTING STUDENTS

Primarily, Title IX protects the rights of parenting students to ensure equal access to education and support their academic success. This protection may include:

  • The school cannot deny parenting students the ability to apply for an educational program, financial aid, or scholarships for which they would otherwise be eligible.

  • Instructors cannot penalize a student because of their parenting status.

  • Special programs (e.g., study abroad, sports teams, clubs) cannot deny a parenting student because of their parenting status.

  • Some schools have policies regarding parenting students receiving an excused absence for emergency child care (e.g., a sick child). Some schools provide a student parental leave policy (e.g., after childbirth).

 

Schools can certainly make improvements to ensure better treatment and reasonable accommodations for parenting students. If you have concerns about conflicts with your parenting responsibilities and classroom participation, talk to your professors, academic advisor, or other school admin/staff about these concerns.

FREQUENTLY ASKED QUESTIONS

I have to miss class, does my university have to excuse my absence?     
Yes. Your school must excuse your absences due to pregnancy and related conditions, including absences for labor, delivery, recovery, and prenatal appointments, and for as long as your doctor says it is necessary.


Class attendance is part of my final grade. Can my professor lower my grade because I miss classes for pregnancy-related reasons?     
No. If a professor grades students based on class attendance, they must give you a chance to earn back the credit from classes you miss due to pregnancy.


Does my university have to allow me to make up the work I missed while I was absent?    
Yes. If you miss class for pregnancy-related reasons or childbirth, your school has to give you a chance to make up missed work. No matter what, your school must give you any information you need to make up work you would have had to complete if you were in class.


Does my university have to allow me to make up the work I missed while I was absent?    
You have a right to participate in all aspects of your program while pregnant or parenting. If your doctor gives a letter saying you can participate in a particular program, your school cannot second guess your doctor's decision.


I have a merit or need-based scholarship. Can my university remove my scholarship if they find out I am pregnant?    
No. Universities cannot end or reduce merit or need-based scholarships based on pregnancy. If you stay in good standing in your program, you must be allowed to keep your scholarship.


I live on campus. Can I be evicted because I am pregnant?    
Your school cannot evict you from housing for being pregnant. However, schools are not required to provide housing for your family.


My professor says it's unsafe for me to do lab experiments. How can I make sure I'm getting the experience I need?    
Your school should have the right equipment for all students and make adjustments in the lab on a case-by-case basis. If your doctor says it is safe for you to do experiments, your professor cannot second guess that decision. If your doctor says it is safe only under certain conditions, your school should provide those conditions. If your doctor says participation is unsafe, your school must give you a chance to make up assignments later.


I’m coming back to school after giving birth to a child. Does my school have to let me breastfeed or pump breast milk on campus?    
Yes. Schools cannot discriminate based on sex, which includes pregnancy and related conditions. Breastfeeding is a pregnancy-related condition, so schools must find ways to help students who need to breastfeed or pump on campus. Texas has laws that say mothers have a right to breastfeed or pump anywhere they are otherwise allowed.    


Can I be excused from class to pump breast milk?    
Yes. In general, a nursing parent with a new baby must pump or breastfeed every two to three hours. If you have a class that is longer than three hours or back-to-back classes without enough break time in between, talk to school officials or professors about taking break time to pump. The school must find a way to help with your request, especially if they allow students with temporary medical conditions to miss class time to address their needs.

STUDENT

ATHLETE & PREGNANCY

The US Department of Education's regulations implementing Title IX specifically address legal issues regarding pregnant and parenting student-athletes and prohibit disparate treatment of students based on pregnancy, childbirth, false pregnancy, termination of a pregnancy, or recovery from any of these conditions. You have the right to equal access to sports programs and activities and must not be discriminated against based on your pregnancy or parenting status.    

  • You and your physician should make decisions regarding sports participation. In addition, medically necessary absences from team activities should be considered excused.

  • The school must provide you with the same modifications as other student-athletes to allow continued team participation, meaning that while you may be limited in some activities, the team must allow you to participate as you can.

  • If pregnancy interrupts your career, you will be entitled to an additional "red-shirt" season. The school or program can extend the typical four seasons of play allowed to collegiate athletes over six years, including instances when you have already started to compete in the current season.

  • Financial awards cannot be conditioned on not becoming pregnant. Your athletics financial aid award is protected during the term of the award, regardless of pregnancy.

  • The school cannot deny the renewal of a financial aid award due to pregnancy or the resulting reduction in physical fitness. However, it can be dismissed if you do not comply with the rehabilitation plan outlined by physicians, cease communication with the program, or disengage in other non-pregnancy-related ways.

  • Pregnancy discrimination cannot be carried out under the guise of enforcing rules against premarital sex.

    
Alliance Defense Fund (ADF) can help with legal assistance in maintaining a scholarship or continued participation in college athletics. 
1-800-835-5233 or www.alliancedefensefund.org
   
You and your decision to carry your pregnancy to term, parent a child, or terminate your pregnancy are protected. The school may not assume pregnancy makes it unsafe for you to continue playing. You can continue to participate in the athletics program as long as it is medically safe, and you can return to the team once it is medically safe to do so, as determined by you and your healthcare provider.

 

The Title IX Regulations also apply to a male student-athlete, protecting him from adverse treatment based on his "actual or potential parental, family, or marital status."   

STUDENT
ATHLETE FREQUENTLY ASKED QUESTIONS

Can I be excluded from participating because I'm pregnant?    
No. Only you and your doctor can make medical decisions about your participation or limitations in sports. You cannot be automatically excluded from sports participation, but the school may require certification from your doctor. Medically necessary absences from activities due to pregnancy should be considered excused absences.

Can I still participate with specific limitations or modifications?
Yes. Sports participation typically is not all-or-nothing. Workouts are commonly modified to accommodate athletic injuries. Student-athletes returning after an illness gradually return to complete exercises. Pregnancy-related conditions may also require modifications to workouts and team activities. The school must also make the types of alterations to athletic activities made for ill or injured student-athletes for you.

What do I do if I am harassed because I'm pregnant?
Because pregnancy discrimination is sex discrimination, comments or behaviors creating a hostile environment based on pregnancy are prohibited. In addition, athletics department personnel must act quickly to stop harassment by others. Contact a school official about any harassment, including but not limited to belittling, shunning, shaming, a hostile environment, or allowing these actions to occur.


Can I return to the team if my athletic career is interrupted?
Yes. NCAA bylaws offer extensions that may apply during your athletic career, typically called a "red-shirted" year. Under these rules, you may be granted an additional year of competition due to "hardship," provided medical documentation indicates you could not compete for the remainder of the season.


If I need to take leave, can I return to participation?
Yes. Athletics departments are required to reinstate you, post-partum, "to the status [you] held when the leave began," including you returning to be a full-fledged team member if that was your status when the leave began.


What if I decide to terminate my pregnancy? Can that be held against me?
No. The school may not impose a penalty on a student, withhold a benefit, or retaliate against you because you are seeking, have received, or are recovering from a legal abortion.
   
What if I report pregnancy discrimination? Will that be used against me?
When you report pregnancy discrimination, your school should take affirmative steps to prevent retaliation. All those in the institution who complain about discrimination are protected under Title IX, even if the conduct complained about is not unlawful.


Can I be denied recruitment because I am pregnant?
No. A school's recruiting policies or practices may not discriminate against female student-athletes who are pregnant or parenting. If the school recruits student-athletes who are fathers, they must utilize the same recruiting standards for their female recruits. Therefore, a recruited female student-athlete who becomes pregnant before signing her letter of intent must receive the same treatment from the institution that a male student-athlete who fathered a child would receive.    

Can I lose my financial award?
No. Once you receive an athletics award, the presenter cannot withdraw it due to pregnancy, suspected pregnancy, parenthood, or termination of pregnancy. Your scholarship is protected from being reduced or removed if you remain in good academic standing and do not withdraw voluntarily. You are entitled to keep your scholarship under NCAA bylaws.

TIPS FOR ON CAMPUS

Balancing school and pregnancy can be challenging for students, especially if it's your first time being a parent. Once your baby arrives and you're figuring out a schedule, it's essential to have a few tricks up your sleeves for breastfeeding on campus.

  • Get to know your campus. Many schools have parent centers; some of them include lounges where parents can breastfeed.        

  • The Setzer Student Center (SSC) at Lamar University has the Wellness Room, a private, relaxing space for nursing or pumping mothers, infant caregivers, and other guests with special needs. It features a secure, lockable door, comfortable seating, electrical outlets, an infant changing station, a handwashing sink, and dimmable lights.    

  • Bring resources everywhere. If you are breastfeeding, don't forget to bring breastfeeding pads for leaking. Carry your pump with you because you never know when you might need to pump.        

  • Remember your rights. You can pump in public, and your school needs to protect you from harassment. Any negative comments may constitute sexual harassment or discrimination.

  • Talk to your professors. If you miss class due to breastfeeding, your professors should excuse your absence; still, some professors may not understand. A note from your doctor that states you are breastfeeding and need to do so on a schedule couldn't hurt.        

  • Schedule in breaks. You may have scheduled your classes back-to-back before college, but you will need that extra time between courses. If possible, schedule your classes so you have at least one free day per week for doctor's appointments or resting.

       
Managing assignment deadlines, projects, and social life may be challenging to balance, but throw in pregnancy, and students can often feel completely overwhelmed. With a bit of planning and determination, however, it doesn’t need to be that way.

  • Find a village. Talking to your baby is beautiful, but you will feel like you are going crazy and will occasionally need adult conversations. Social interactions with other students and student-parents will feel comforting and not so isolating.

  • Pick a study time. It is often difficult to find time to study. The best times might be at night when your child sleeps. Creating a bedtime routine is crucial for your sanity and grades.        

  • Be prepared. Because of changes in hormones, pregnant students often find that they need to eat every 2-3 hours. It’s important to have snacks and beverages for when hunger or thirst strikes.        

  • Break up your day. Even before the baby comes, pregnant students may not want to schedule back-to-back classes as they’ll be tired from creating another human.        

  • Keep an eye out for bathrooms. It’s no secret that pregnant individuals visit the bathroom more often than those who aren’t. Some pregnancy symptoms will make finding a restroom in a hurry a necessity. Keep an eye out for where toilets are so you’ll know where to run when necessary.        

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