The Office for Civil Rights (OCR) in the U.S. Department of Education (ED) is responsible for enforcing laws prohibiting discrimination in federally assisted educational programs and activities. These laws include Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex in education programs or activities. All public and private educational institutions that receive any federal financial assistance must comply with this law. Title IX protects students in all of the academic, educational, extracurricular, athletic, and other programs or activities of schools. This includes prohibiting discrimination against pregnant and parenting students.
- Title IX specifically prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.
- Under Title IX, it is illegal for schools to exclude a pregnant student from participating in any of an educational program.
- Schools must excuse a student’s absences because of pregnancy or related conditions for as long as deemed medically necessary. When a student returns to school, they must be allowed to return to the same academic and cocurricular status as before their medical leave began.
- Any special services provided to students who have temporary medical conditions must also be provided to a pregnant student or student experiencing pregnancy-related conditions.
Commonly Asked Questions
No, colleges cannot require a pregnant student to produce a doctor’s note in order to stay in school or participate in activities, unless the same requirement to obtain a doctor’s note applies to all students being treated by a doctor. That is, colleges cannot treat a pregnant student differently from other students being cared for by a doctor, even when a student is in the later stages of pregnancy; colleges should not presume that a pregnant student is unable to attend school or participate in school activities.
Yes, Title IX requires a college to excuse a student’s absences due to pregnancy or related conditions, including recovery from childbirth, for as long as the student’ doctor deems the absences to be medically necessary. When the student returns to college, they must be reinstated to the status they held when the leave began, which should include giving them the opportunity to make up any work missed. A college may offer the student alternatives to making up missed work, such as a retaking a semester, taking part in an online course, or allowing additional time in a program to continue at the same pace and finish at a later date, especially after longer periods of leave.
Title IX requires a college to provide the same special services to a pregnant student that it provides to students with temporary medical conditions.
Colleges and universities must ensure that the policies and practices of individual professors do not discriminate against pregnant students. For example:
- Professors may not refuse to allow a student to submit work after a deadline that they missed because of absences due to pregnancy or childbirth.
- If the grading process is based in part on class attendance or participation, the student should be allowed to earn the credits they missed so that they can be reinstated to the status they had before the leave.
Yes, the college must allow pregnant students to continue participating in off-campus programs. For example, if the program provides opportunities to work in the field, the college cannot deny the pregnant student participation based on their pregnancy. The college cannot require a doctor’s note for continued participation, unless the college requires one for all students who have a medical condition that requires treatment by the doctor.
(Note: external agencies such as clinical or internship sites may have their own policies or guidelines that are separate and distinct from the university's. Students should connect with the Title IX Coordinator to review their specific situation.)
The college must leave it up to the student and their doctor to decide when they can return. While the college must offer to excuse more leave than that (under Title IX), no one can force a student to take more leave just because they think it would be better for the student (or the baby).
- Pregnant and parenting students can seek the assistance of the Title IX Coordinator and school counselors who can provide the support needed to help the students to remain in school.
- Encourage pregnant and parenting students to seek the assistance of the Title IX Coordinator who can provide the support needed to help the students to remain in school.
- Contact: Rebecca Newell
Director of Title IX and Equal Opportunity
rnewell7@fitchburgstate.edu
- Contact: Rebecca Newell
Protections for Individuals Impacted by Pregnancy or Related Conditions
1. Policy Information
You can read the full policy or download a copy of the PDF.
Fitchburg State is committed to creating an accessible and inclusive environment for pregnant students. The University’s System Equal Opportunity Plan prohibits harassment and discrimination on the basis of sex, in accordance with Title IX.
Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., 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 school districts, colleges, and universities receiving any federal funds (“schools”) must comply with Title IX.
This policy has been developed specifically to outline the rights of pregnant students, as part of Fitchburg State’s ongoing efforts to ensure the protection and equal treatment of students who are pregnant and who are living with pregnancy-related conditions. Fitchburg State fully recognizes that pregnancy without complications or additional diagnoses is not a disability. In terms of institutional assistance, students who are pregnant can expect similar accommodations and support as an individual with a temporary disability. As described in this policy, Fitchburg State will take reasonable steps to ensure that students have opportunities for academic accommodations as necessary, including ensuring that a student does not lose academic progress or access to their course catalog when taking a leave of absence or medical leave related to pregnancy or pregnancy-related conditions.
Sex for Title IX purposes is biological or anatomical factors, actual or perceived gender identity, and/or actual or perceived gender identity or expression or sexual orientation.
Fitchburg State University is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (Title IX). Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage.
This policy applies to all aspects of University, including, but not limited to, admissions, educational programs and activities, extracurricular activities, hiring, leave policies, employment policies, and health insurance coverage.
The policy establishes:
- Information on receiving modifications and/or accommodations
- Guidelines for the protection of members of the university who are pregnant or experiencing pregnancy-related conditions
- Procedures for reporting related grievances
- Minimum training requirements and obligations for employees
This policy is written and enforced in accordance with the requirements of state and federal law, including Title IX, the Pregnant Workers Fairness Act (PWFA), and the Family Medical Leave Act. Human Resources and Student Affairs work to ensure equal access for students under Title IX. General questions about this Policy and available supportive measures should be directed to the Title IX Coordinator at titleix@fitchburgstate.edu.
All university employees who become aware of a student’s pregnancy or related condition are required to provide the student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to the university’s education program and activity. This information will be included in annual related training as required by Title IX Regulations.
2. Reasonable Modifications/Accommodations for Pregnancy and Pregnancy Related-Conditions
Title IX specifically prohibits discrimination against or harassment of students who are pregnant, have just given birth, or experiencing pregnancy-related conditions. Fitchburg State is committed to providing a safe environment for such students to continue their academic program free of harassment and discrimination and without limitations due to pregnancy or related conditions.
In accordance with the requirements of state and federal law, including Title IX, the University prohibits discrimination against students, employees, and applicants based on pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, or recovery. Furthermore, the University provides reasonable accommodations for pregnancy and pregnancy-related conditions, including modifications for students, reasonable break time for employees for lactation, and one or more clean, private lactation spaces, that is not a bathroom, for both students and employees. The Title IX Coordinator coordinates specific actions to prevent sex discrimination and to ensure equal access to employment, education programs, and activities.
To request modifications or accommodations, contact titleix@fitchburgstate.edu or one of the following offices as soon as practical and/or as conditions evolve. Modifications and accommodations are not typically provided retroactively.
Students contact the Director of Disability Support Office, Emily Stark at estark2@fitchburgstate.edu
Employees contact the Director of Human Resources, Kimberly Page at kpage3@fitchburgstate.edu. There is also an dynamic form to Request for Reasonable Accommodation Form for employees to start the interactive process.
Students and employees experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student or employee with a temporary disability. The Title IX Coordinator will consult with the appropriate staff to ensure the student receives reasonable accommodations for their disability as required by law. The Title IX Coordinator is responsible for ensuring that any approved accommodations are implemented, including notifying any University officials responsible for implementing specific elements of the accommodation. Not all Reasonable Modifications are appropriate for all contexts.
Students opting to take a leave of absence should make every effort to complete the necessary institutional paperwork prior to leave with assistance from the Title IX Coordinator or designee. To the extent possible, the University will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same course catalog that was in place when the leave began. The Title IX Coordinator has the authority to determine that such accommodations are necessary and appropriate, and to inform faculty members of the need to adjust academic parameters accordingly.
In situations such as clinical rotations, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave. Students are encouraged to work with their faculty members and the Recipient’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.
Continuation of students’ scholarship, fellowship, or similar University-sponsored funding during the leave term will depend on the students’ registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowship, or similar University-supported funding by exercising their rights under this policy.
Students who are employed by Fitchburg State are entitled to protections under the Family and Medical Leave Act. For employment purposes, including any relevant leave or benefits, pregnancy related conditions are treated as any other temporary disability. Students may take a leave of absence from their Fitchburg State positions following applicable policy. Students who are also full-time or part-time employees should consult with the Title IX Coordinator and the Office of Human Resources to arrange for a medical leave of absence or work-related accommodations as necessary.
3. Application of Policy
This policy is effective August 1, 2021. The university reserves the right to make changes to this Policy as necessary, and once those changes are posted online, they are in effect. The policy will be reviewed and updated biennially by the Title IX Coordinator.
Inquiries about the application of Title IX at Fitchburg State may be referred to Fitchburg State’s Title IX Coordinator and/or the Assistant Secretary for Civil Rights at the U.S. Department of Education. Questions about this policy or reports of potential violations of this policy may be made at any time, including outside of business hours, to:
Rebecca Newell
Director of Title IX and Equal Opportunity
rnewell7@fitchburgstate.edu
In addition to reporting to the Title IX Coordinator, students may file a complaint with the Office for Civil Rights (“OCR”) within the Department of Education.
Office for Civil Rights (OCR) Headquarters
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline: 800.421.3481
Facsimile: 202.453.6012
TDD # 877.521.2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Office for Civil Rights, Massachusetts Office
33 Arch Street, 9th Floor
Boston, MA 02119-1424
Telephone: 617.289.0111
Facsimile: 617.289.0150
TDD # (877) 521.2172
Email: OCR.Boston@ed.gov
Additional Information about Title IX and relevant resources may be found at fitchburgstate.edu/titleix
Resources for Parenting Students
Students seeking a private space to breastfeed or pump may reserve this room in Thompson Hall. Contact Emily Stark at estark2@fitchburgstate.edu to make a reservation.
Fitchburg State University plans numerous events throughout the year. Many are open to the children of our community members. Family friendly events will be designated as such and students may contact the event coordinator for information.
Bathrooms with changing tables are located throughout campus.
The Falcon Bazaar is located in Hammond Hall, room G-23. It is stocked with food and other necessities. New items are added throughout the year and may include specific commodities for children.
Students with a child under 12 who meets additional criteria may qualify for the Supplemental Nutrition Assistance Program (SNAP) (PDF).
Mass 2-1-1 is an information and referral line that provides free, confidential information to individuals seeking child care, emergency food and shelter, substance abuse treatment, and other assistance. Dial 2-1-1 from any phone in the state to speak with a referral specialist 24 hours a day, 7 days a week.
Making Opportunity Count is a family resource center located in Fitchburg that provides support services and resources for local families.
LUK, Inc helps families navigate developmental and disability resources. The Family Resource Center is located in Fitchburg and staff are available to provide referrals.