Title IX Pregnant & Parenting Students

Jennifer Boyd-Pugh
Title IX Coordinator
305.899.4057| titleix@barry.edu
Erin Cruz Deputy
Title IX Coordinator for Faculty/Staff
305.899.4717 | titleix@barry.edu
Matthew Cameron
Deputy Title IX Coordinator for Students
305.899.3875 | titleix@barry.edu
Michael Covone
Deputy Title IX Coordinator for Athletics
305.899.3551 | titleix@barry.edu

For more information on Title IX compliance, visit barry.edu/Title-IX

Title IX of the Education Amendments of 1972 (“Title IX”) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. All public and private educational institutions that receive any federal financial assistance must comply with Title IX. While Title IX is best known for gender equity in athletics, it deals with a range of issues to create equitable systems in which all community members can thrive.

This law specifically prohibits discrimination against students based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Schools are required to treat pregnant and parenting students the same way they treat other students who are similarly able or unable to participate in school activities.

The University has instituted a policy to provide appropriate, reasonable adjustments to educational programs and activities to support pregnant and parenting students.

• The University must excuse a student’s absence because of pregnancy or childbirth for as long as the student’s doctor deems the absences medically necessary. This must be granted irrespective of classroom attendance requirements set by a faculty member, department, school/college or division.
• At the conclusion of that period, the student must be given a reasonable amount of time to make up the work she missed and must be allowed to return to the same academic status as before her medically necessary absence.
• No artificial deadlines or time limitations can be imposed on a request for accommodations, but the University is limited in its ability to impact or implement accommodations retroactively
• A faculty member does not have to fundamentally alter the nature of a program for pregnant or parenting students.
• This only applies to the student’s pregnancy and/ or childbirth. Schools are not required to excuse absences so that a father can be present for the birth of his child. However, the Office of Civil Rights recommends this – and it would be a good practice to implement – but it is not required by Title IX
• A student in need of an education adjustment should submit a request, either in writing or in person, to the Dean of Students. If the student is unable to do so, an appropriate representative may contact the Dean of Students on her behalf.
• The written medical recommendation must be submitted to the Dean of Students. The Dean will then consult with the student and appropriate faculty members or department chairs to fashion an education adjustment that is appropriate for the student.
• Reasonable accommodations may include, but are not limited to:
  1. Providing accommodations 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).
  2. Making modification to the physical environment, such as accessible seating.
  3. Providing mobility support
  4. Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related reasons.
  5. Offering remote learning options.
  6. Granting leave per the University’s medical leave policy or implementing incomplete grades for classes that will be resumed at a future date.
  7. 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.
• If it is unreasonable for a student to receive extra time to complete a course, the student will be given the option to withdraw from the class without penalty.
• In the event a request for adjustment is received by the Dean of Students that may be covered by Section 504 or the Rehabilitation Act or the American with Disabilities Act, the request will be determined between the Dean of Students and the Office of Accessibility Services.
• A faculty member cannot demand from a student a copy of the medical recommendation given by her doctor.
• If the pregnant student is in a medical program working with a clinical agency, the clinical agency can refuse to accommodate a student even though it is Barry’s program. At that point, the University would need to find the student an alternative clinical placement. However, if the clinical agency is also subject to Title IX, they may not refuse to allow the student in their program.
• If a student’s program requires participating in off-campus programs, such as fieldwork, Barry cannot deny that student participation based on her pregnancy. Barry cannot ask for a doctor’s note for continued participation unless the school requires a note for all students who have a medical condition that requires treatment by a doctor.
• Protections for parenting students extend to any parent on the basis of medical necessity related to the health of the parent who gave birth and/or baby during the pregnancy and postpartum period reasonably thereafter.

Barry University

Title IX Compliance
Thompson Hall,
Room 109 11300 NE 2nd Avenue,
Miami, FL 33161
305.899.3675

barry.edu/title-ix

Barry University does not discriminate on the basis of race, creed, color, ethnicity, national origin, ancestry, religion, gender, sexual orientation, gender identity, gender expression, genetic information, familial status, marital status, pregnancy, age, disability status or veteran status. This policy applies to students, employees, applicants and trustees with respect to participation in any program, benefit, activity or student/employment opportunity offered by the University. Every member of the University community is expected to uphold this policy as a matter of mutual respect and fundamental fairness in human relations. Every student of this institution has a responsibility to conduct himself/herself in accordance with this policy as a condition of enrollment. Further, every University employee has an obligation to observe Barry University policies and implementation of federal and state law as a term of employment. No person shall be retaliated against for reporting violations or concerns about prohibited discrimination or bias through appropriate University channels. Nothing in this non-discrimination statement shall require Barry University to act in a manner contrary to the beliefs and teachings of the Catholic Church or the University mission statement.

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