Pregnancy or Related Conditons
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex, including pregnancy or related conditions, in educational programs and activities.
What is covered under "Pregnancy or Related Conditions?"
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Pregnancy, childbirth, termination of pregnancy, or lactation;
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Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
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Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
Accommodations/Modifications
NJIT students who need assistance with the following are encouraged to contact the Title IX Coordinator to discuss their options:
- Absence excusals
- Reasonable modifications
- Medical withdrawal
- Leave of absence
- Other related requests
Lactation Guidelines
In coordination with the Offices of Campus Health and Wellness Services and Human Resources, NJIT provides lactation spaces on campus who wish to express milk as well as guidelines to support this experience. To review the lactation guidelines and the location of the lactation room/pods on campus, please visit the website.
Lactation Breaks for Students
Under Title IX, students are protected against harassment and discrimination based on sex which includes nursing individuals. Because lactation is a condition related to an individual’s sex and pregnancy/parental status, students have rights. If a student must miss a portion of class or lab time to nurse or express milk, they are encouraged to contact the Title IX Coordinator to discuss reasonable accommodation requests with instructors.
Understanding Your Rights and Resources
Excused Absences and Medical Leave - NJIT Must:
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Excuse absences due to pregnancy or childbirth for as long as your doctor says it is necessary.
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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.
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Ensure that instructors understand the Title IX requirements related to excused absences/medical leave. Your instructor may not refuse to allow you to submit work after a deadline you missed because of pregnancy or childbirth. If your instructor’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 didn’t have the chance to earn.
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Provide pregnant students with the same special services it provides to students with temporary medical conditions.
Classes and Extracurricular Activities – NJIT Must:
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Allow you to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in advanced placement and honors classes, school clubs, sports, honor societies, student leadership opportunities, and other activities, like after-school programs operated at the school.
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Allow you to choose whether you want to participate in special instructional programs or classes for pregnant students. 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.
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Allow you to participate in classes and extracurricular activities even though you are pregnant and not require you to submit a doctor’s note unless your school requires a doctor’s note from all students who have a physical or emotional condition requiring treatment by a doctor.
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Not require a doctor’s note from you after you have been hospitalized for childbirth unless it requires a doctor’s note from all students who have been hospitalized for other conditions.
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Provide you with reasonable adjustments, like a larger desk, elevator access, or allowing you to make frequent trips to the restroom, when necessary because of your pregnancy.
Harassment – NJIT Must:
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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 are sufficiently serious that it interferes with your ability to benefit from or participate in your school’s program.
Policies and Procedures – NJIT Must:
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Have and distribute a policy against discrimination on the basis of sex
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Adopt and publish grievance procedures for students to file complaints of sex discrimination, including discrimination related to pregnancy or parental status.
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Identify at least one employee in the school or school district to carry out its responsibilities under Title IX (“Title IX Coordinator”) and notify all students and employees of the name, title, and contact information of its Title IX Coordinator.
- Ask for help and support - meet with the Title IX Coordinator regarding what NJIT can do to support you in continuing your education.
- Keep notes about your pregnancy-related absences, any instances of harassment and your interactions with school officials about your pregnancy, and immediately report problems to the Title IX Coordinator or other staff.
- If you feel your school is discriminating against you because you are pregnant or parenting you may file a complaint:
- Using your school’s 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 your school. 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 your school or with OCR. Visit OCR's website for more information
For assistance with pregnancy-related modifications, you can speak directly with your instructors but are encouraged to contact the Title IX Coordinator for assistance and support.
If you are being harassed, intimidated or your educational opportunities are being limited because of your pregnancy, childbirth, miscarriage, false pregnancy, or abortion or related condition, you are encouraged to report this to the Title IX Coordinator. University officials are responsible for preventing and responding to harassment or discrimination from any member of the university community.