Student Pregnancy and Parenting Nondiscrimination Policy - UTDBP3121

Policy Statement

The University of Texas at Dallas (the "University" or "institution") is committed to maintaining an environment that is free from discrimination of pregnant or parenting students in accordance with applicable laws, including, but not limited to, Title IX of the Higher Education Amendments of 1972 (Title IX); Section 504 of the Rehabilitation Act of 1973 (Section 504); Title II of the Americans with Disabilities Act of 1990 (ADA); and the Texas Education Code, Section 51.982.

In accordance with such laws and the University's Sexual Misconduct Policy (UTDBP3102) and Nondiscrimination Policy (UTDBP3090), the University prohibits discrimination against a student on the basis of pregnancy, pregnancy-related conditions, and parenting status. To that end, the University may not require a pregnant or parenting student, solely because of the student's status as a pregnant or parenting student or due to issues related to the student's pregnancy or parenting, to:

• Take a leave of absence or withdraw from the student's degree or certificate program;
• Limit the student's studies;
• Participate in an alternative program;
• Change the student's major, degree, or certification program; or
• Refrain from joining or cease participating in any course, activity, or program at the institution.

Sec. 2 Scope

This Policy applies to all University administrators, faculty, staff, students, third parties within the University's control, and applicants for admission.

Sec. 3 Terms and Definitions

1. A "leave of absence" means a period of time when a student is not enrolled in classes but is eligible to reenroll in the future. A leave of absence, for the purpose of this Policy, is also known as a non-academic withdrawal.
2. A "parenting student" refers to a student who is the parent or legal guardian of a child under 18 years of age.
3. References to "pregnancy" and "pregnancy-related conditions" include, but are not limited to:
   1. Pregnancy, childbirth, miscarriage, or lactation;
   2. Medical conditions related to pregnancy, childbirth, pregnancy complications, miscarriage, lactation, or any other conditions directly related to being pregnant; and
   3. Recovery from any of these conditions or their related medical conditions or the effects thereof.
4. A "pregnant student" refers to a student who is pregnant or has a pregnancy-related condition.
5. A "student" means: (i) a person currently enrolled as a student at the University, or (ii) a person accepted for admission or readmission to the University.

Sec. 4 Reasonable Accommodations for Pregnant Students

4.1 Reasonable Accommodations: The University offers reasonable accommodations to pregnant students, in accordance with applicable state and federal laws and regulations and in accordance with the University's Policy for Reasonable Accommodations (UTDBP3100). Accommodation requests are voluntary and involve an individualized, interactive process where both the institution and the student engage in a good faith discussion based on the student's specific needs with the goal of identifying reasonable options for accommodations. Accommodations that constitute an undue hardship or fundamentally alter the nature of the service, program, or activity are not reasonable.

Reasonable accommodations for pregnant students may include, but are not limited to:

• Excused absences;
• The opportunity to make up missed assignments or coursework;
• Additional time to complete assignments;
• Allowing the student to maintain a safe distance from substances, areas, and activities known to be hazardous to pregnant students or unborn children;
• Access to instructional materials and video recordings of lectures (if available) for classes due to excused absences due to pregnancy or related conditions; or
• Break time to attend to health needs or express breastmilk.

4.2 Documentation: Documentation may be required for a student seeking an accommodation under this Policy. For an absence to be excused, such documentation must deem absence(s) as "medically necessary" based on a pregnancy or pregnancy- related condition.

4.3 Contact Information: To request an accommodation, contact the Title IX Coordinator at TitleIXCoordinator@utdallas.edu.

Sec. 5 Leave of Absence for Pregnant and Parenting Students

5.1 Leave of Absence: The University will allow pregnant and parenting students to take a leave of absence for a reasonable duration depending on the circumstances. In addition, if the pregnant or parenting student is in good academic standing at the time of the leave of absence, the student may return to the same degree or certificate program in good academic standing without being required to reapply for admission.

5.2 Documentation: Documentation may be required for a student making a leave of absence request under this Policy. Such documentation must verify the pregnant or parenting student status.

5.3 Contact Information: To apply for a leave of absence:

• Students enrolled in undergraduate programs should contact the Office of Undergraduate Education at ugdean@utdallas.edu; and
• Students enrolled in graduate programs should contact the Office of Graduate Education at gradeducation@utdallas.edu.

Sec. 6 Additional Parenting Student Services

6.1 Early Registration: Parenting students are eligible for early registration for courses to the extent others have access to early registration of those same courses. For more information, contact the Registrar at records@utdallas.edu.

6.2 Other Parenting Information and Resources: Parenting students have access to a University Parenting Student Liaison, who can provide parenting students information regarding support services and other available resources. For more information, contact the Title IX Coordinator at TitleIXCoordinator@utdallas.edu.

Sec. 7 Confidentiality

The University will maintain documentation provided to the institution pursuant to this Policy as required by law. The confidentiality of documentation relating to a student's pregnancy, pregnancy-related condition, or parenting status will be maintained on a need-to-know basis to the extent permitted under state and federal law.

Sec. 8 Policy Violations and Retaliation

8.1 Policy Violations: Potential violations of this Policy will be processed in accordance with the University's Sexual Misconduct Policy (UTDBP3102) or Nondiscrimination Policy (UTDBP3090), as applicable. A finding of violation of this Policy may result in disciplinary action.

8.2 Retaliation Prohibited: Retaliation against pregnant or parenting students for engaging in protected activity is prohibited and may be subject to disciplinary action in accordance with the University's the University's Sexual Misconduct Policy (UTDBP3102), Nondiscrimination Policy (UTDBP3090), or policy for Reporting Suspected Unlawful Activity and Protection from Retaliation (UTDBP3105).

8.3 Reporting Resources: For more information and reporting options, including filing a discrimination or retaliation complaint, contact the Title IX Coordinator at TitleIXCoordinator@utdallas.edu.

Relevant Federal and State Statues, and Standards

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 and its implementing regulations, 34 C.F.R. Part 106
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
Americans with Disabilities Act (ADA) of 1990 and 2008 amendments, 42 U.S.C. § 12101 et seq.
Americans with Disabilities Act Title II Regulations
FERPA Regulations, 34 C.F.R. Part 99
Texas Education Code, Chapter 51, Subchapter Z: Protections for Pregnant and Parenting Students §51.982
Texas Education Code, Chapter 51, Subchapter Z: Early Registration for Parenting Students §51.983
Texas Education Code, Chapter 51, Subchapter Z: Designation for Liaison Officer to Assist Students Who are Parents; Report §51.93573

Other Relevant Policies, Procedures, and Forms

Graduate Policies and Procedures
Undergraduate Policies and Procedures
UTD Course Catalogs
Policy for Reasonable Accommodations - UTDBP3100
Nondiscrimination - UTDBP3090
Sexual Misconduct Policy - UTDBP3102
Reporting Suspected Unlawful Activity and Protection from Retaliation - UTDBP3105
Student Code of Conduct – UTDSP5003
Discipline and Dismissal of Classified Employees – UTDBP3056
University Policy on Faculty Conduct – UTDPP1049
Regents' Rules and Regulations, Rule 31008, Termination of a Faculty Member
Regents' Rules and Regulations, Rule 30105, Sexual Harassment, Sexual Misconduct, and Consensual Relationships