Discrimination, Harassment, Sexual Misconduct & Title IX Addendum: Student Pregnant and Pregnancy-Related Condition Policy

I. Purpose, Scope & Role of the Title IX Coordinator

Fresno Pacific University (“FPU” or “University”) is committed to ensuring an inclusive and accessible environment for pregnant students and to creating and maintaining a campus community free from Sex Discrimination, including discrimination based on Pregnancy or Pregnancy-Related Conditions. FPU has adopted this policy to ensure that any FPU student, or applicant for enrollment, who is pregnant or has a pregnancy-related condition is provided Supportive Measures and Lactation support in compliance with Title IX of the Education Amendments of 1972 and its implementing regulations (collectively, Title IX) to ensure equal access to the University’s educational program and activities.

This policy applies to all FPU students and applicants for enrollment equally; the protections provided under this policy do not vary by program or the number of years a student has completed in their educational program or activity. Employees of FPU, including students who are employed, may also have additional rights under other FPU policies and procedures applicable to employees not discussed in this policy.

This policy also sets forth procedures for any FPU student to request excused Intermittent Absences from academic program requirements, voluntary Leave of Absences, and the circumstances under which FPU may request medical documentation for a student’s Pregnancy or Pregnancy-Related Conditions.

The University’s Title IX Coordinator (TIXC) is responsible for, and has ultimate oversight of, implementation of this policy. In implementing this policy, the TIXC may delegate specific duties to one or more designees, including (but not limited to), a Title IX Deputy Coordinator (TIXDC) or the Office of Disability Access & Education (DAE) responsible for assisting students with medical or disability accommodations requests. Such staff shall implement medical or disability supportive measures for students who are pregnant or have a pregnancy-related condition in accordance with this policy and the direction of the Title IX Coordinator.

FPU prohibits all forms of sex discrimination in its educational programs or activities. FPU maintains a separate policy, other than this one, governing its response to reports or complaints of sex-discrimination, including discrimination or harassment based on Pregnancy or Pregnancy-Related Condition, accessible on the FPU website found here: Discrimination, Harassment, Sexual Misconduct & Title IX Sexual Harassment Policy & Procedures. Students who believe they have been discriminated against on the basis of Pregnancy or Pregnancy-Related Condition, including the University or an employee’s failure to comply with this policy, should report their concern to the TIXC (at the time of publication, Ms. Pam Schock, who can be reached at 559-453-7115 or via email at pam.schock@fresno.edu or via FPU’s online reporting system accessible here: How to Report).

The Disability Access & Education Office (DAE) provides reasonable accommodations to students with disabilities. FPU will treat pregnancy or pregnancy-related conditions in the same manner as any other temporary medical condition with respect to any medical or hospital benefit, service, plan, or policy the recipient administers, operates, offers, or participates in with respect to students admitted to the recipient’s education program or activity. Such accommodations will be called Supportive Measures.

This policy does not apply to non-birthing parents or students who may seek a leave of absence or accommodation unrelated to the student’s own Pregnancy or Pregnancy-Related Condition. For purposes of this policy, the term non-birthing parent includes, but is not necessarily limited to spouses or partners of birthing parents; biological parents who are not giving birth; parents who adopt a child; or parents by means of surrogacy. Non-birthing parents who have a need for a leave of absence or other request related to the birth of a child may consult the DAE Office, the Office of Student Life or the TIXC for a referral to the Registrar’s Office for a leave of absence.

This policy does not apply to childcare, including medical childcare, unrelated to pregnancy or pregnancy-related conditions, as defined below in this policy. Students should consult their syllabi for absence allowances for each course.

This policy shall be implemented in accordance with the law. To the extent this policy or its procedures conflict with Title IX or other applicable law, FPU will follow the law.

II. Definitions

To assist students and employees in implementation of this policy, the below definitions are applicable.

  1. Pregnancy or Pregnancy-Related Conditions: (1) pregnancy, childbirth, termination of pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation;1 or (3) recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions. This includes, but is not limited to, fertility treatments and all forms of termination of pregnancy (e.g., abortion care, miscarriage, and other pregnancy loss).
  2. Lactation: Expressing breastmilk (e.g., via a breast pump) or breastfeeding a child.
  3. Lactation Space: A space, other than a bathroom, that is clean, shielded from view, and free from intrusion from others which may be used by a student for expressing breast milk or breastfeeding, as needed.
  4. Supportive Measures: Various forms of care or support provided by the university, determined in consultation with the student and based on a student’s individualized needs. Supportive Measures are established by FPU’s policies, practices or procedures, and are implemented as necessary to allow students experiencing Pregnancy or Pregnancy-Related Conditions to have equal access to FPU’s educational program or activity. Supportive Measures do not include fundamental alterations to the educational program or activity.
  5. Intermittent Absence: A full or partial absence from a class, clinical rotation, or other aspect of the educational program or activity, other than a leave of absence, that is related to a student’s Pregnancy or a Pregnancy-Related Condition. Multiple Intermittent Absence requests that fundamentally alter the education program or activity cannot be approved. In this case, a student may elect to request a Leave of Absence.
  6. Leave of Absence: A medically necessary temporary leave of absence from FPU’s educational program or activity.

1 Medical conditions related to pregnancy, childbirth, termination of pregnancy or lactation may include, but are not limited to: pregnancy-related fatigue, dehydration (or the need for increased water intake), nausea (or morning sickness), increased body temperature, anemia, and bladder dysfunction; gestational diabetes; preeclampsia; hyperemesis gravidarum (i.e., severe nausea and vomiting); pregnancy-induced hypertension (high blood pressure); infertility; recovery from childbirth, miscarriage, or abortion; ectopic pregnancy; prenatal or postpartum depression; and lactation conditions such as swelling or leaking of breast tissue or mastitis.

III. Employees May Refer Students to the DAE Office or the TIXC

All employees of FPU, when they learn of a student’s Pregnancy or Pregnancy-Related Condition, should refer that person to the DAE Office or the TIXC by: (a) providing the student with the contact information for the DAE Office or TIXC; (b) informing the student that the DAE Office or the TIXC can coordinate specific actions to ensure the student’s equal access to the University’s education program or activity; and (c) notify the DAE Office or the TIXC of the referral.

Upon receipt of a referral, or upon receiving notice directly from a student regarding a student’s Pregnancy or Pregnancy-Related Condition, the DAE Office or the TIXC (or designee) shall provide information about FPU’s obligation to provide Supportive Measures/Reasonable Modifications for Pregnancy or Pregnancy-Related Conditions.

IV. Supportive Measures Procedures

A student may request a Supportive Measure to FPU’s education program or activity as needed due to the student’s Pregnancy or Pregnancy-Related Condition. Supportive Measures are also sometimes referred to as reasonable modifications, reasonable accommodations or reasonable adjustments.

To request a Supportive Measure, a student can submit a request either verbally or in writing to the DAE Office, who is responsible for disability/medical accommodations, or to the TIXC.

After receiving a request, the University will designate an administrator who shall meet with the student (in-person, remotely by phone/video conference, or if these options are not available to the student, by email correspondence), to discuss the student’s individualized need for a Supportive Measure. This meeting will include the designated administrator consulting with the student and engaging in an interactive dialogue to determine what possible Supportive Measures are available to allow the student to continue participating in FPU’s educational program or activity. As part of the interactive dialogue process, the designated administrator may request medical documentation consistent with Section VIII of this policy.

Following this interactive dialogue process, the designated administrator shall make an offer of Supportive Measures, which shall not alter the fundamental nature of the education program or activity. The student has the discretion to accept or decline each Supportive Measure offered. If the student accepts one or more Supportive Measure, FPU shall implement it.

Examples of Supportive Measures available during a student’s Pregnancy or Pregnancy-Related Condition may include, but are not necessarily limited to:

  1. Breaks during class to express breast milk, breastfeed, or attend to health needs associated with Pregnancy or Pregnancy-Related Conditions, including eating, drinking, or using the restroom;
  2. Change of clothing;
  3. Avoiding certain chemicals or exposures;
  4. Intermittent Absences to attend medical appointments;
  5. Alternative Access to class which allows for remote (Zoom) class attendance or other means of engaging in class content;
  6. Access to online education, when available;
  7. Changes in schedule or course sequence;
  8. Extensions of time for coursework;
  9. Rescheduling tests and examinations;
  10. Ability to sit or stand, or carry or keep water nearby;
  11. Counseling;
  12. Changes in physical space or supplies (for example, a chair with lumbar support, access to a larger desk or a footrest);
  13. Elevator access; or
  14. Other reasonable changes to policies, practices, or procedures.

Examples of modifications that likely fundamentally alter the nature of the education program or activity include, but are not necessarily limited to, completely waiving requirements that demonstrate mastery of a particular field of study, which demonstrate academic competency (such as clinical components or examinations), which reduce or modify a student’s duties in a required clinical course, or which waive or would otherwise violate an applicable licensing standard (subject to licensing body exceptions which provide reasonable accommodations for individuals with disabilities). If it is determined that a request for a Supportive Measure fundamentally alters the nature of the education program or activity and is therefore denied, FPU shall continue to consult with the student to determine whether other Supportive Measures are available.

FPU does not maintain separate, comparable educational programs or activities for students who are pregnant or experiencing a pregnancy-related condition. Students who receive Supportive Measures remain in the same educational program or activity offered to other students.

FPU will treat Pregnancy or Pregnancy-Related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital benefit, service, plan, or policy the recipient administers, operates, offers, or participates in with respect to students admitted to the recipient’s education program or activity. Specifically, any reasonable accommodation provided to other students with a temporary medical condition or disability provided by the DAE Office shall be made available as a Supportive Measure for a student’s Pregnancy or Pregnancy-Related Condition.

V. Intermittent Absences

Intermittent Absences are a Supportive Measure for a student’s Pregnancy or Pregnancy-Related Condition. There is no specific limit or cap on the number of Intermittent Absences a student may take for their Pregnancy or Pregnancy-Related Condition, so long as it does not fundamentally alter the nature of the student’s education program or activity.

Intermittent Absences may be used for the following reasons, including but not necessarily limited to: attending medical or mental health appointments, due to nausea or other medical conditions associated with Pregnancy or a Pregnancy-Related Condition, or to express breastmilk or breastfeed.

Intermittent Absences under this policy are considered “excused” absences and shall not result in penalizing the student for needing to be absent. The Title IX Coordinator (or designee) shall assist a student with other Supportive Measures needed due to Intermittent Absences, for example, options allowing the student to make up class work or earn missed participation credit.

IMPORTANT NOTE

Fresno Pacific University Course Drop Policy: Students who do not attend at least one class during the first week of a course will be administratively dropped from the course by the Registrar’s Office.

Under this Policy (Pregnant Student or Student with Pregnancy-Related Condition), a student that is pregnant or who has a pregnancy-related condition, who knows they are going to miss one or more classes during the first week of a course or who misses class during the first week of a course because of a pregnancy-related condition, must, at the first possible opportunity, request a Supportive Measure from the DAE Office or the TIXC, to keep from being de-registered for their class or to be re-registered for their class, without penalty.

VI. Leaves of Absence

FPU permits voluntary leaves of absence from a student’s educational program or activity which are medically necessary in light of a student’s Pregnancy or Pregnancy-Related Condition. The student’s licensed treating healthcare provider determines whether a leave of absence is medically necessary, not FPU. To the extent such student qualifies for a leave of absence under a different FPU policy which allows for a longer leave of absence than what is medically necessary, FPU will permit a student who is pregnant or experiencing a pregnancy-related condition to take a voluntary leave of absence under that separate policy if the student chooses to do so.

Upon returning from a leave of absence under this policy, the student shall return to the same educational program or activity they were enrolled in prior to the leave of absence, and shall be re-instated to the same academic status, and, as practicable, to the same extracurricular status as they held prior to the leave of absence.

VII. Lactation Spaces

FPU provides designated Lactation Spaces in various areas of campus. Lactation spaces shall include a table or other flat surface to hold a breast pump, a chair, an electrical outlet, and access to running water in the room or nearby. The space shall be equipped with a door lock and window coverings that block the sight from the outside (if needed). If the space provides multiple lactation spaces within a single room, privacy screens shall be provided.

There are lactation rooms at each of FPU’s campuses:

  • Main Campus: Schlichting Hall (Room #117)
    • Access by calling Campus Safety: (559) 453-2298
  • North Campus: 3rd Floor, Room #322
    • Reception Desk attendant can assist
  • Visalia Campus: Room #133
    • Reception Desk attendant can assist
  • Bakersfield Campus:
    • Campus Safety can assist

The lactation rooms each have refrigerators available, or nearby, for storing breast milk.

Nothing in this policy restricts or prohibits a student’s right to pump or breastfeed in areas not designated as a lactation space. In accordance with California law, breastfeeding is permitted at any campus location where the lactating student and infant/child are otherwise permitted to be present. According to the Fresno Pacific University Student Handbook, FPU does not permit minors in class during class time.

VIII. Medical Documentation Requests

Requests for medical documentation of a student’s Pregnancy or Pregnancy-Related Condition are the purview of the TIXC (or designee) and shall be implemented in accordance with this section. Employees not designated by the TIXC assisting with implementation under this policy are not permitted to ask students for medical documentation related to their Pregnancy or Pregnancy-Related Condition.2

In implementing this policy, including providing Supportive Measures, FPU will treat Pregnancy or Pregnancy-Related conditions in the same manner and under the same policies as any other temporary medical conditions. When assessing Supportive Measures requests, FPU may, on occasion, require a student to provide supporting documentation, such as a licensed healthcare provider3 note or form, to determine what Supportive Measures/Reasonable Modifications to make. FPU shall not require supporting documentation when a specific action is already available to students for reasons other than a student’s Pregnancy or Pregnancy-Related Condition without submitting supporting documentation.

FPU shall not require certification from a healthcare provider or any other person that the student is physically and emotionally able to participate in the University’s courses, programs, or extracurricular activities due solely to a student’s Pregnancy or Pregnancy-Related Condition. Such certification is only permitted if the recipient requires such certification of all students with other physical or emotional conditions requiring the attention of a physician and the information is not used as a basis for discrimination on the basis of sex, including Pregnancy or Pregnancy-Related Conditions.

Nothing in this policy prevents a student from voluntarily providing documentation to the TIXC (or designee) regarding their requests for Supportive Measures.

2For example, a faculty member shall not request medical documentation regarding a student’s Pregnancy or Pregnancy-Related Condition. Rather, faculty (and other employees not designated by the Title IX Coordinator) may refer students to the Title IX Coordinator as described in Section III of this policy.

3The licensed healthcare provider is not required to be an MD or DO. Healthcare providers may include, for example, nurse practitioners, nurse midwives, therapists, certified lactation consultants, and others.

IX. Anti-Retaliation Statement; Report Violations

FPU prohibits retaliation against any student requesting or utilizing Supportive Measures under this policy. Retaliation is an adverse action taken against someone because they have exercised rights afforded by this policy. Adverse action can include, but is not necessarily limited to, intimidation, threats, coercion, or discrimination against any person by the University, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under the University’s education program or activity. Retaliation includes peer retaliation (i.e., a student retaliating against another student).

If a student or employee believes retaliation is taking place, or if they believe they have been denied a Supportive Measure, they should immediately report that to the TIXC. Concerns or complaints regarding retaliation under this policy, or of any other form of sex-discrimination, shall be processed in accordance with the University’s applicable harassment, discrimination, and Title IX grievance procedures.