Rights and Options
Northwest State Community College is obligated to comply with Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq. Title IX is a Federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities.
All public and private schools, school districts, universities, and colleges such as Northwest State Community College receiving any Federal funds (“schools”) must comply with Title IX.
Northwest State Community College is committed to creating an environment that is accessible, welcoming, and inclusive of all learners, regardless of sex, including those learners who are pregnant or have a pregnancy-related condition. Learners may request reasonable modifications as outlined below for pregnancy or related conditions. If you have any questions or wish to file a report of discrimination on the basis of sex, including pregnancy or associated conditions, please contact the Title IX Coordinator using the contact information below. Persons who experience a temporary disability as a result of pregnancy may also receive accommodations as required by law.
Pregnant, Lactating, and/or Parenting Learners (Or Related Conditions)
You cannot be discriminated against for your status as a pregnant, lactating, and/or parenting learner (or due to any related condition associated with pregnancy, like abortion, miscarriage, IVF/fertility treatments, etc.) Additionally, Title IX requires that NSCC provide reasonable modifications to learners who need them due to pregnancy or related conditions for as long as is medically required. You do not need a doctor’s note to request reasonable modifications.
Lactation Room On-Campus
Did you know that NSCC has a Lactation Room available on campus? We do! It is located in A201B. For more information, including how to gain access and reserve the space, click the button below.
*If you require a place to pump and the lactation space is not available during the times you usually need to pump, contact titleix@northweststate.edu and tell the Title IX Coordinator what challenge you are experiencing so we can work immediately to remedy it. Alternately, if the room is occupied and you need a space to pump.
Classes and School Activities
Northwest State Community College MUST
Allow you to continue participating in classes and extracurricular activities even though you are pregnant or have an associated condition. This means that you can still participate in classes, clubs, learner leadership opportunities, and other activities, like school related trips and activities that occur both on and off campus.
Allow you to choose whether you want to participate in special instructional programs or classes for pregnant learners. You can participate if you want to, but your school cannot pressure you to do so. The alternative program must provide the same types of academic, extracurricular and enrichment opportunities as your school’s regular program.
Allow you to participate in classes and extracurricular activities even though you are pregnant or have a related condition and not require you to submit a doctor’s note unless your school requires a doctor’s note from all learners who have a physical or emotional condition requiring treatment by a doctor. Your school also must not require a doctor’s note from you after you have been hospitalized for childbirth unless it requires a doctor’s note from all learners who have been hospitalized for other conditions.
Provide you with reasonable adjustments, like a larger desk, elevator access if available, or access to water, breaks, or allowing you to make frequent trips to the restroom, when necessary, because of your pregnancy.
Excused Absences and Medical Leave
Northwest State Community College MUST
Excuse medically necessary absences due to pregnancy, childbirth, or related conditions, including abortion and termination of pregnancy, for as long as your doctor says it is necessary. (Childcare is NOT the same thing as childbirth. The College cannot normally excuse absences due to lack of childcare. The Title IX Coordinator CAN provide you with area resources and supports to help you locate services for parents struggling to access childcare.)
Allow you to return to the same academic and extracurricular status as before your medical leave began, which should include giving you the opportunity to make up any work missed while you were out.
Ensure that faculty members understand the Title IX requirements related to excused absences/medical leave. Your faculty members may not refuse to allow you to submit work after a deadline you missed because of pregnancy or childbirth. If your teacher’s grading is based in part on class participation or attendance and you missed class because of pregnancy or childbirth, you should be allowed to make up the participation or attendance credits you did not have the chance to earn. Most times this is accomplished by assigning you an alternate assignment.
Provide pregnant learners with the same special services it provides to learners with temporary medical conditions. This includes, as appropriate, modifications to in-person work or access to independent study.
Request Modifications or Accommodations
Establishing reasonable modifications due to pregnancy or related conditions is an interactive process between the Title IX Coordinator and the learner, ensuring compliance with Title IX of the Education Amendments of 1972. Reasonable modifications are based on various factors, including the nature of the pregnancy or related condition, impact on the learner, classroom environment, and course objectives.
“Pregnancy and related conditions” include pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Title IX also prohibits a school from applying any rule related to a student’s parental, family, or marital status that treats students differently based on their sex.
Modifications are adjustments to an institution’s policies or practices to remove barriers and ensure equal access to pregnant learners. Accommodations provide individualized support to meet the specific, temporary needs of a learner due to pregnancy or related conditions. It is personalized and based on the learner’s circumstances.
Harassment
Northwest State Community College 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 or jokes about your pregnancy, calling you sexually charged names, spreading rumors about your sexual activity, and making sexual propositions or gestures, if the comments rise to the threshold that it interferes with your ability to benefit from or fully participate in your school’s program.Policies and Procedures
Northwest State Community College MUST
Have and distribute a policy against sex discrimination and an applicable grievance procedure. See NSCC’s Policy/Procedure 3-19 for more information, which may be accessed here.
Helpful Tips for Pregnant and Parenting Learners
**Ask your school for help. You can always self-identify your pregnancy or associated conditions and ask to meet with your College’s Title IX Coordinator regarding what your school can do to support you in continuing your education. The fastest way to get support is to email titleix@northweststate.edu, explain you are self-identifying or have a problem, which will begin the process. **Once you email, the Title IX Coordinator will engage in an interactive process with you to determine which modifications you are seeking and what the College can reasonably provide.
Title IX Coordinator, Shannon Floyd By calling 419.267.1319 Via email at titleix@northweststate.edu In Building C, Office 100H
Employees should contact HR for assistance with pregnancy related modifications or with questions regarding leave and benefits.
Keep notes about your pregnancy-related absences, any instances of harassment and your interactions with College officials about your pregnancy or associated conditions, and immediately report problems to your College’s Title IX Coordinator.
If you feel your school is discriminating against you because you are pregnant or have an associated condition you may file a complaint:
- Using the College’s internal Title IX grievance procedures.
- With the U.S. Department of Education, Office for Civil Rights (OCR), even if you have not filed a complaint with the College. If you file with OCR, make sure you do so within 180 days of when the discrimination took place.
- In court, even if you have not filed a complaint with the College or with OCR.
Some types of modifications you may request include:
- Providing a larger desk
- Allowing breaks during class, as needed
- Permitting temporary parking
- Rescheduling tests and exams
- Excusing absences due to pregnancy or related conditions
- Submitting work after a deadline missed due to pregnancy or childbirth
- Providing alternatives to make up missed work
- Permitting a reasonable time for nursing and access to lactation spaces
Pregnant learners will be allowed to make up any work missed due to medically necessary absences related to pregnancy. Learners will be offered acceptable arrangements to make up missed work and will work directly with their faculty members to make a plan for a reasonable amount of time to turn in missed work. The learner will not be required to complete make up work until the student’s medically necessary absences for pregnancy are completed. A learner can always meet with the Title IX Coordinator is they feel the period of makeup time provided by their faculty is not sufficient.
Contact the Title IX Coordinator or the OCR if you have any questions. We are here to help make sure all learners, including pregnant and parenting learners, have equal educational opportunities!
If you want to learn more about your rights, or if you believe that the College is violating Federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at 800.421.3481 or ocr@ed.gov.
If you wish to fill out a complaint form online, you may do so at ed.gov or by contacting the College Title IX Coordinator, Shannon Floyd by calling 419.267.1319, via email at titleix@northweststate.edu or in person in Building C, Office 100H.
Additional resources available at the U.S. Department of Education, Office for Civil Rights.
Information for Learners and Frequently Asked Questions (FAQs)
How can I request pregnancy or related conditions modifications?
Pregnancy is not considered a disability as many people become pregnant and have pregnancies that allow them to continue with their daily activities. However, pregnant persons may be better able to access their education program when modifications are made to their educational environment that support them. Pregnant and associated conditions learners should submit a request for reasonable modifications by emailing the Title IX Coordinator at titleix@northweststate.edu. Once you email, the Title IX Coordinator will engage in an interactive process with you to determine which modifications you are seeking and what the College can reasonably provide.
What types of modifications can I request?
Specific modifications will vary from learner to learner, which is why it is important to reach out to the Title IX Coordinator, who can engage in an interactive process with you to ensure the modifications you receive are right for you. Some examples of modifications may include:
- Providing a larger desk.
- The ability to sit, rather than stand.
- A seat near the door.
- Distance learning options as available and reasonable based on the course.
- Extended test taking times to allow for expressing breastmilk, to use the restroom, or to eat/drink.
- Allowing breaks during class, as needed.
- Permitting temporary faculty/staff parking.
- Rescheduling tests or exams.
- Excusing absences due to pregnancy or related conditions.
- Submitting work after a deadline missed due to pregnancy or childbirth.*
- Providing alternatives to make up missed work.
- Permitting a reasonable time for nursing and access to lactation spaces.
*Pregnant learners will be allowed to make up any work missed due to medically necessary absences for pregnancy or related conditions. Learners will be offered acceptable alternative arrangements to make up missed work. The learner will not be required to complete make up work until the student’s medically necessary absences for pregnancy are completed.
My pregnancy has not progressed in such a way that I can still engage in my normal daily activities, even with modifications. What do I do? While most pregnancies do not result in temporary disability, some do. If you need support beyond reasonable modifications, you may have a temporary disability. Learners with temporary disabilities should contact the Title IX Coordinator, who will work in consultation with the Accessibility Services Coordinator to establish accommodations in accordance with law.
Note: When you have a disability related to pregnancy or a related condition, you will need to submit supporting documentation (e.g., a letter from your doctor) with your request for accommodations, as is required for all learners with a disability.
Am I required to tell anyone about my pregnancy or parenting status?
Learners are not required to inform anyone of their pregnancy (or associated conditions) status. However, Northwest State Community College aims to create an environment that encourages learners to share this information with the Title IX Office, so that the College can provide the proper support and assistance.
Can pregnant learners be penalized for absences if grades are based upon attendance?
A learner may not be penalized for absences known to be due to pregnancy, childbirth, or other related medical conditions. A professor cannot reduce a pregnant student’s grade because of attendance or participation points that the learner missed during excused absences due to their pregnancy-related conditions. The professor must give the learner a reasonable opportunity to earn back the credit missed due to pregnancy.
Are there any designated areas on campus to address lactation-related needs?
Yes. NSCC has a Lactation Room, which is located at A201B. Appointments may be made in 20-minute increments, and you can reserve here.
How can I report harassment or discrimination due to pregnancy or a related condition?
Northwest State Community College prohibits discrimination and harassment on the basis of sex. Pregnant or parenting learners who believe they have been discriminated against or harassed because of a qualifying condition may file a complaint with the Title IX Coordinator by clicking on this link to report a Title IX incident.
Information for Faculty and Staff
Frequently Asked Questions (FAQs)
What do I do if a learner tells me they are pregnant?
Ask them if they need any modifications, such as a larger desk, more frequent breaks, or water and if they have met with the Title IX Coordinator. If they have not, refer them to the Title IX Coordinator using the contact information on this site.
<3>What do I do if a learner tells me they need to miss class due to a pregnancy?We excuse all medically necessary absences for pregnancy, childbirth, fertility treatments, termination or loss of pregnancy, or recovery. This includes doctor’s appointments. A faculty member should NEVER tell a pregnant learner that they cannot miss class due to pregnancy or a related condition, will fail a class due to pregnancy or a related condition, or cannot make up missed work due to pregnancy or a related condition. If a faculty member is unsure of how to work with a learner to ensure access to their educational environment continues while they are pregnant or have an associated condition then the faculty member should stop and contact the Title IX Coordinator.
Can I ask a learner to prove they are pregnant or provide a doctor’s note?
Faculty members cannot ask for doctor’s notes. Please refer the learner to the Title IX Coordinator. No medical documentation is necessary for non-disabled learners to receive reasonable modifications.
What do reasonable modifications look like for a pregnant student?
Reasonable modifications could be allowing frequent bathroom breaks, a larger desk, or a different chair if needed. The length of time needed for medically required absences can vary depending on the learner’s situation. A learner who delivers their baby without complications is not expected to come to school for 14 days. If a learner needs more than 14 days not due to any complications, they should contact the Title IX Coordinator.
I have a learner who is lactating and is requesting to miss class to express breastmilk. What should I do?
Faculty members should excuse learners during class, labs, internships, and other college-related programming or associated activities to express breast milk and allow them to make up any missed work without penalty. A learner will normally require about 15-20 minutes to express milk (allow more time if needed, especially if the lactation space is located away from where their class is or the learner tells you they need more time.) Lactating learners can be referred to the Title IX Coordinator to discuss rights and options, including use of the lactation space (including scheduling of the space, if they have questions.) To schedule the space click here. If you have any issues, problems or questions, don’t hesitate to contact the Title IX Coordinator.
Guidance on Wearable Breast Pumps
If a learner chooses to come to class with a wearable breast pump (a device that allows for breastmilk expression during class), and a faculty member is made aware of it, then a faculty member should never disallow the learner in class, make disparaging comments, or otherwise embarrass, humiliate, or shame a lactating person. Doing so could constitute harassment based on sex and is strictly prohibited by the College. Contact the Title IX Coordinator with questions regarding anything discussed in this material. To file a complaint directly with the U.S. Department of Education, Office for Civil Rights, contact: The OCR office for Ohio is located at:
Cleveland Office Office for Civil Rights U.S. Department of Education 1350 Euclid Avenue, Suite 325 Cleveland, OH 44115-1812 Telephone: 216-522-4970 FAX: 216-522-2573; TDD: 800-877-8339 Email: OCR.Cleveland@ed.gov