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Faculty Best Practices
Understanding Title IX requirements and best practices for students and student employees.
1. Promote a Harassment-free Classroom
Pregnant and parenting students may face harassment and bias (conscious or not) at NJIT. Title IX prohibits the harassment of students based on sex, which includes pregnancy, childbirth, and related conditions.
Best practices:
- Include a non-discrimination and accommodation policy in your syllabi.
- Maintain a “zero tolerance” policy for discriminatory or disparaging comments and behaviors. Make it clear that such hostility is unacceptable and constitutes harassment based on sex.
- In advising students, communicate that the student’s educational choices are their own. Don’t make assumptions about a student based on their family status, health, gender, pregnancy, or marital or parental status.
- Communicate clearly that a student will not be penalized for taking medically necessary leave related to pregnancy, childbirth, or a related condition.
2. Excuse Absences
Title IX requires that students’ absences relating to pregnancy, childbirth, related conditions, and recovery be excused when such absences are medically necessary regardless of a department's attendance policy. You may not penalize a student for taking this leave; the student must be allowed to return to their studies in the same status as when they went out on leave. Finally, you cannot ask for a physician’s documentation to verify the absences. You would refer the student to the Title IX Coordinator for accommodations requests.
Best practices:
- Inform students anticipating absences or leave related to pregnancy and related conditions that they will not be penalized for exercising their right to take medically necessary leave.
- Discuss deadlines for make-up work with students. Returning students should have at least as much time to complete each assignment as other students had. Consider that returning students typically must catch up with the material while also negotiating new family responsibilities and ongoing health concerns.
- Use flexible scheduling options such as meeting over the phone or Zoom.
3. Provide Accommodations
Title IX requires NJIT to provide pregnant students with at least the same accommodations as it provides to students with temporary disabilities. Some students may request accommodations through the Title IX Coordinator and others may come directly to you. Inform students of the right to coordinate accommodations/leave with the Title IX Coordinator.
Best practices:
- Treat pregnancy accommodation requests as you would any other accommodations request, and provide resources. Pregnant students often do not realize their condition may be covered by the Americans with Disabilities Act, and may not know the formal channels for asking for help.
- Don’t request medical information. If a student is struggling, ask to discuss their work and academic needs, but not their medical status. If information is disclosed to you by the student or another official at your institution, treat the information as confidential.
- Include an accommodation statement in your syllabi so that students with difficulties will be more likely to seek help early
Examples of pregnancy-related accommodations can include, but are not limited to:
- Changes in seating/desks
- Occasional breaks to express milk
- Food or water breaks
- Limits on strenuous activity or heavy lifting
- More frequent restroom breaks
- Requests to stand or sit more frequently
4. Support Student Employees/Postdocs
In addition to Title IX, any student employees that you supervise are also protected by various employment laws and applicable union contracts. Such laws guarantee non-discrimination in the workplace, provide job-protected leave for pregnancy and childbirth, and require accommodation of pregnancy-related conditions. Consult with Human Resources regarding their workplace rights and inquire within your department regarding temporary assistance to cover for student employees on leave.