Understanding Your Rights

You are protected from harassment and discrimination based on pregnancy status, and have certain rights to accommodations under Title IX.

Pregnancy

NJIT does not discriminate in its education program or activity against any applicant for admission, student, applicant for employment, or employee on the basis of current, potential, or past pregnancy or related conditions as mandated by Title IX of the Education Amendments of 1972 (Title IX). NJIT prohibits members of the NJIT community from adopting or implementing any policy, practice, or procedure which treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past parental, family, or marital status

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You have the right to excused absences and medical leaves.  NJIT must:

  • Excuse absences due to pregnancy or childbirth for as long as your doctor says it is necessary.
  • 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 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.
  • Provide pregnant students with the same special services it provides to students with temporary medical conditions. 

You have the right to continue participating in classes and extracurricular activities.  NJIT must: 

  • Excuse absences due to pregnancy or childbirth for as long as your doctor says it is necessary.
  • 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 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.
  • Provide pregnant students with the same special services it provides to students with temporary medical conditions. 

You have the right to a harassment free education.  NJIT 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 are sufficiently serious that it interferes with your ability to benefit from or participate in your school’s program.

You have the right to review NJIT's policies and procedures.  NJIT must:

  • Have and distribute a policy against discrimination on the basis of sex
  • Adopt and publish grievance procedures for students to file complaints of sex discrimination, including discrimination related to pregnancy or parental status.
  • 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. 

Source: US Department of Education, Office of Civil Rights

  • 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 concerns to the Title IX Coordinator.
  • If you feel your school is discriminating against you because you are pregnant or experiencing pregnancy-related conditions, you may file a complaint:
    • Using NJIT'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

Source: US Department of Education, Office of Civil Rights

​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 or pregnancy-related conditions including, not limited to, 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.