Policy Statement
Unlawful discrimination has no place at WNE. It violates the University’s core values, including its commitment to equal opportunity and inclusion, and will not be tolerated. Discrimination and harassment based on pregnancy or related conditions, including but not limited to pregnancy, childbirth, termination of pregnancy, or recovery therefrom, are prohibited by University policy and prohibited by Title IX.
Reason for Policy
To establish uniform guidelines to promote an educational environment at WNE free from discrimination and harassment of pregnant students, those with pregnancy-related conditions including but not limited to pregnancy, childbirth, termination of pregnancy, or recovery therefrom.
Who Is Governed by this Policy
Students
Policy
The University may not discriminate against, exclude, or treat differently any student or applicant for admission on the basis of their pregnancy, childbirth, termination of pregnancy, or recovery therefrom, or establish or follow any rule or practice that discriminates in such a manner.
While pregnancy and pregnancy-related conditions may not be considered a disability under the Americans with Disabilities Act (“ADA”) or Section 504 of the Rehabilitation Act (“Section 504”), students and applicants for admission may be eligible for reasonable modifications for their pregnancy, childbirth, termination of pregnancy, or recovery that constitutes a disability in the same manner as any other temporary disability or physical condition.
In addition, a student experiencing pregnancy, childbirth, termination of pregnancy, or recovery therefrom can obtain a leave of absence from the University for as long a period of time as it is deemed medically necessary by the student’s physician to be absent, and the student may be reinstated to the academic status they held when their leave began.
The University will reasonably accommodate such students or applicants pursuant to the procedures below. In addition, the University provides lactation spaces on campus for students and employees who need to express breastmilk on campus.
The University prohibits all forms of discrimination and retaliation against any individual for requesting or receiving a reasonable modification or leave of absence pursuant to this policy.
Procedure
1. Students and applicants seeking a reasonable accommodation and/or a leave of absence under this policy should contact the Director of Student Accessibility Services (SAS).
2a. Upon receipt of a request for a reasonable modification, the Director of Student Accessibility Services or their designee will meet with the student or applicant to engage in an interactive process to determine an effective, reasonable modification pursuant to the process outlined by SAS.
2b. Upon receipt of a request for a leave of absence, the Director of Student Accessibility Services or their designee will meet with the student to discuss.
3. The Director of Student Accessibility Services or their designee will consult with the University’s Title IX and Compliance Officer, as needed, in responding to students or applicants seeking reasonable modifications and/or a leave of absence due their pregnancy or related conditions.
Anyone who believes they have been discriminated or retaliated against in violation of this policy should report the matter immediately to the University’s Title IX and Compliance Officer.
Inquiries concerning the application of nondiscrimination policies may also be referred to:
Regional Director Office for Civil Rights
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109-3921
Telephone: 617-289-0111
Facsimile: 617-289-0150
Email: OCR.Boston@ed.gov
Complaints can be filed Monday through Friday, from 8:30 a.m. to 3:00 p.m.
Definitions
Pregnancy or related conditions means:
- Pregnancy, childbirth, termination of pregnancy, or lactation;
- Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
- Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
Document History
Policy Origination Date: August 1, 2024
Who Approved This Policy
Title IX and Compliance Officer
Contact
Student Accessibility Services
Herman Hall 105
413-782-1258