Parental, Family, or Marital Status and Pregnancy or Pregnancy-related Conditions

Effective Date: July 1, 2023

Board Approval: April 5, 2023

1. Purpose: To provide an environment free from harassment and discrimination for students and employees based on their current, potential, or past (1) parental, family, or marital status and (2)pregnancy or pregnancy-related conditions. The Title IX Coordinator may assign designees to carry outthe responsibilities in this policy; however, the Title IX Coordinator will retain ultimate oversight over the requirements of this policy.1

2. References

   34 C.F.R. § 104

   34 C.F.R. § 106

   20 U.S.C. § 1681

   20 U.S.C. § 1687

   20 U.S.C. § 1703

   42 U.S.C. § 12102

   42 U.S.C. § 12132

   Utah Code 13-7a-102

   Utah Code 34-49-202

3. Scope of Policy: This policy applies to students and employees in Tooele Technical College admissions, employment, or education program or activity based on a students’ or employees’ current,potential, or past (1) parental, family, or marital status or (2) pregnancy or pregnancy-related conditions.

Definitions

3.1 Absence: Tardiness, nonattendance, or a break from a class for a student’s pregnancy or pregnancy-related conditions.

3.2 Education Program or Activity: Includes, but is not limited to: (1) buildings or locations that are part of Tooele Technical College operations, including online learning platforms, academic and other classes, extracurricular activities, occupational training, athletic programs, and other aspects of the Tooele Technical College education program or activity, whether the programs or activities take place in the facilities of Tooele Technical College, via computer and internet networks, on digital platforms, with computer hardware or software owned, operated by, or used in the operations of Tooele Technical College; (2) conduct in an off-campus settings that Student Services Policies and Procedures is operated or overseen by Tooele Technical College, including but not limited to, a school bus, a class or training program sponsored by Tooele Technical College at another location, or elsewhere; (3) other settings in the United States but off campus when the conduct is under Tooele Technical College disciplinary authority; or (4) off-campus buildings owned or controlled by a student organization officially recognized by Tooele Technical College.

3.3 Fundamental Alteration: A change that is so significant that it alters the essential nature

of Tooele Technical College education program or activity.

3.4 Leave of Absence: A voluntary period of time when a student is not enrolled in

Tooele Technical College classes but intends to re-enroll.

3.5 Lactating: Expressing breast milk or breastfeeding.

3.6 Medical Necessity: When a physician or other licensed healthcare provider of a student’s choosing provides written documentation that a modification, including a leave of absence, is necessary for the student to maintain equal access to an education program or activity.

3.7 Pregnancy or Pregnancy-related Conditions: Includes:

(1) Pregnancy, childbirth, termination of pregnancy, or lactation;

(2) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or

(3) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or their related medical conditions.

3.8 Parenting Student: A student or 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.

3.9 Reasonable Modifications: Changes to Tooele Technical College policy, practices, or procedures because of pregnancy or pregnancy-related conditions so the student can maintain equal access to an education program or activity. Modifications are considered reasonable if they do not create a fundamental alteration or an undue burden on Tooele Technical College.

3.10 Student: A person who has gained admission to Tooele Technical College.

4. Tooele Technical College Prohibits Sex Discrimination based on Parental, Family, or Marital Status and Pregnancy or Pregnancy-Related Conditions

4.1 Tooele Technical College will not discriminate against a student or employee in its admissions, employment, or education program or activity based on their current, potential, or past parental, family or marital status.

4.2 Tooele Technical College will not discrimination against a student or employee in its admissions, employment, or education program or activity based on their current, potential, or past pregnancy or pregnancy-related conditions.

5. Employee Responsibilities

5.1 When a student, or a person who has a legal right to act on behalf of the student, informs a Tooele Technical College employee about a student’s pregnancy or pregnancy-related conditions, the employee must promptly (1) inform the student of how to notify the Title IX Coordinator of the student’s pregnancy or pregnancy-related conditions to get assistance and (2) provide the Title IX Coordinator’s contact information to the student.

6. Modifications for Students Pregnancy or Pregnancy-Related Conditions

6.1 Requesting Reasonable Modifications

6.1.1 Disclosure: Disclosure of pregnancy or pregnancy-related conditions is voluntary. Tooele Technical College will not provide reasonable modifications to a student under this policy based on observation of physical characteristics, rumors, or information from a third party who does not have a legal right to act on the student’s behalf.

6.1.2 Requests: A student must request modifications from the Title IX Coordinator. This request may be made orally or in writing. The Title IX Coordinator may request documentation from a student’s physician or licensed healthcare provider, stating the student’s anticipated delivery date, if applicable, or otherwise providing information about the student’s pregnancy or pregnancy-related conditions, and any modifications the physician or licensed healthcare provider considers medically necessary.3 After a student requests a modification, then the Title IX Coordinator will engage in the interactive process with the student.4 The Title IX Coordinator will implement, coordinate, and document all reasonable modifications.

6.1.3 Examples: Reasonable modifications may include, but are not limited to: breaks during class to attend to related health needs; breaks for lactating; excused intermittent absences for pregnancy or pregnancy related conditions; leave of absence; access to online or other homebound education; changes in schedule or course sequence; extensions of time for coursework and rescheduling of tests and examinations; changes in physical space or supplies (for example, access to a larger desk or a footrest); elevator access; or other appropriate changes to policies, practices, or procedures that do not cause a fundamental alteration or undue burden on Tooele Technical College.

6.2 Interactive Process

6.2.1 Once a student requests modifications from the Title IX Coordinator for pregnancy or pregnancy-related conditions, the Title IX Coordinator will either implement the requested modification or engage the student in the interactive process to identify a different modification. Denial of a modification request may be appropriate when the interactive process fails to result in identification of a reasonable modification.

6.2.2 The interactive process requires ongoing participation from the student and Title IX Coordinator and is a fact-specific, case-by-case inquiry. The process will generally include ongoing communication between the student and the Title IX Coordinator about the student’s needs and the exploration or proposal of alternative academic adjustments, when needed. A student may access reasonable modifications on an individualized and voluntary basis due to pregnancy or pregnancy-related conditions unless the requested modification would fundamentally alter Tooele Technical College’s education program or activity or create an undue burden on Tooele Technical College. When determining whether a request is a fundamental alteration, the Title IX Coordinator will consult with others who are trained, knowledgeable, and experienced on when to grant academic adjustments to students. The Title IX Coordinator will base any decision about modifications or the denial of a modification on a careful, thoughtful, and rational review of the student’s health and wellbeing, information provided by the student’s physician or licensed healthcare provider, and information about the student’s academic program and its requirements.

6.2.3 The Title IX Coordinator will engage in the interactive process before denying a student’s requested modification. The Title IX Coordinator will notify the student of any denial, the reason for the denial, and allow the student to request a different modification. The Title IX Coordinator will document this process.

6.2.4 Modifications may be adjusted over time and adjustments may require additional documentation from the student’s physician or licensed healthcare provider.

6.3 Absences

6.3.1 When possible, students should schedule medical appointments for pregnancy or pregnancy-related conditions outside of class time. However, if a student is absent from a class due to pregnancy or pregnancy-related conditions, and requests an excused absence, then the Title IX Coordinator will determine if this is a reasonable modification. Students who are pregnant or have pregnancy-related conditions may be absent for as long as a physician or licensed healthcare provider deems medically necessary. If grading is based in part on class attendance or participation, the student must be allowed to earn missed credits and be reinstated to the student’s pre-leave status if this is a reasonable modification. Tooele Technical College may offer a student alternatives to making up missed work, such as retaking a semester, taking part in an online course credit recovery program, or allowing the student additional time in a program to continue at the same pace and finish at a later date, especially after longer periods of leave. If applicable, the Title IX Coordinator will engage in the interactive process in subsection 6.2.

6.4 Leave of Absence

6.4.1 A student may take a voluntary leave of absence from Tooele Technical College education program or activity for as long as is medically necessary.5 Before deciding to take a leave of absence, a student may, if they choose, consult with their academic advisor(s), the Title IX Coordinator, and the financial aid office to ensure that they are aware of any implications that taking a leave of absence may have on their academic progress, visa status, loan eligibility, and more.

6.4.2 Upon the student’s return from a leave of absence, the student must be reinstated to the academic and, as practicable, to the extracurricular status that the student held when the leave began.

6.5 Lactation

6.5.1 Tooele Technical College shall provide a student with reasonable time and space described in subsection 7.1 to express breast milk or breastfeed and with reasonable modifications to ensure the student has equal access to an education program or activity. If applicable, the Title IX Coordinator will engage in the interactive process in subsection 6.2.

7. Lactation Space for Students and Employees

7.1 Lactation Space: Tooele Technical College shall provide lactation spaces on campus to students and employees for the purpose of expressing breast milk or breastfeeding. Lactation rooms must be clean, shielded from view, free from the intrusion of others, and reasonably available. Bathrooms do not satisfy this requirement. All designated lactation rooms should be equipped with, at a minimum, a table or other flat surface, a chair, an electrical outlet, and access to running water in the room or nearby. Each designated room will be equipped with a door lock and window coverings.

7.2 The Title IX Coordinator shall maintain a list of lactation rooms available on campus, which can be found on the Tooele Technical College website [here].6

7.3 Breastfeeding Location: Breastfeeding is permitted at any space where members of the public have access. This does not include spaces at Tooele Technical College where classes are being taught or at secured locations.

8. Employees Pregnancy or Pregnancy-Related Conditions

8.1 Tooele Technical College will treat pregnancy or pregnancy-related conditions the same as any other temporary disability for all job-related purposes, including commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment.

8.2 Tooele Technical College will treat pregnancy or pregnancy-related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status 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.

8.3 Tooele Technical College will consult with the employee to determine a reasonable break time and duration for the employee to express breast milk or breastfeed for at least one year after the child’s birth. In addition to requirements in subsection 7.1, the lactation space shall be in close proximity to the employee’s work area and provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of the employee’s breast milk.7

9. Harassment and Retaliation Prohibited

9.1 Students and Tooele Technical College employees are prohibited from engaging in harassment or retaliation against a student or employee who exercises their rights under this policy.

10. Compliance and Grievance Processes

10.1 An individual may report a violation of this policy to the Title IX Coordinator for Human Resources or Student Services.

10.2 An individual may file a complaint based on alleged violations of this policy. Tooele Technical College will handle complaints of harassment, discrimination, or retaliation under the Student Grievances Policy. Tooele Technical College will respond promptly and equitably to any complaint of harassment, discrimination, or retaliation.

11. Tooele Technical College Website

11.1 Tooele Technical College will provide on their website information for Title IX rights of students who are pregnant or have pregnancy-related conditions, the process for requesting pregnant or pregnancy-related conditions modifications, and a link to the grievance procedures that apply to complaints of pregnancy or pregnancy-related conditions.

2 This definition aligns with the 2022 Title IX NPRM.

3 Your institution may only require a physician or licensed healthcare provider note from a student who is pregnant or has pregnancy-related conditions to receive a modification if you also require students with temporary disabilities to provide similar documentation.

4 Your institution must treat pregnancy or pregnancy-related conditions the same as any other temporary disability with respect to hospital or medical benefit, service, plan, or policy for students. See 34 C.F.R. § 106.40(b)(4). For employees, schools must treat pregnancy or pregnancy-related conditions as any other temporary disability for all job-related purposes, including employment-based medical, hospital, and other benefits. See 4 C.F.R. § 106.57(c).

5 The 2022 Title IX NPRM requires that, to the extent an institution maintains a leave policy for students that allows a greater period of time than the medically necessary period, the institution must permit the student to take leave under that policy if the student chooses.

6 Include a link to the list of lactation rooms that are available at your institution. This list should be readily accessible online and provide the locations and details of each room. The list should be updated by the Title IX Coordinator, as needed.

7 Your institution may provide an employee not working in an office building, in the alternative, a nonelectric insulated container for storage of the public employee's breast milk. See Utah Code 34-49-201.