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The University 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). The University prohibits members of the University 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. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

Comprehensive pregnancy and parenting related information can be found at www.moravian.edu/pregnancy. 

Definitions

• Familial Status. The configuration of one’s family or one’s role in a family.

• Marital Status. The state of being married or unmarried.

• Parental Status. The status of a person who, with respect to another person who is under the age of 18,^[1] is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.

• Pregnancy and Related Conditions. The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery therefrom.^[2]

• Reasonable Modifications. Individualized modifications to the University’s policies, practices, or procedures that do not fundamentally alter the University’s education program or activity.

Information Sharing Requirements

Any University employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to the University’s education program and activity (unless the employee has a reasonable belief that the Coordinator is already aware of the pregnancy or related condition).

Upon notification of a student’s pregnancy or related condition, the Coordinator will contact the student and inform the student of the University’s obligations to:

• Prohibit sex discrimination.

• Provide reasonable modifications.

• Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.

• Allow a voluntary leave of absence.

• Ensure lactation space availability.Maintain a Resolution Process for alleged discrimination.

• Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

Reasonable Modifications for Students

Students who are pregnant or are experiencing related conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to the University’s education program and activity. Any student seeking Reasonable Modifications must contact the Coordinator to discuss appropriate and available Reasonable Modifications based on their individual needs. Students are encouraged to request Reasonable Modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable Modifications are voluntary, and a student can accept or decline the offered Reasonable Modifications. Not all Reasonable Modifications are appropriate for all contexts.

Reasonable Modifications may include:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom

• Intermittent absences to attend medical appointments

• Access to online or homebound education

• Changes in schedule or course sequence

• Time extensions for coursework and rescheduling of tests and examinations

• Allowing a student to sit or stand, or carry or keep water nearby

• Counseling

• Changes in physical space or supplies (for example, access to a larger desk or a footrest)

• Elevator access

• A larger uniform or other required clothing or equipment

• Other changes to policies, practices, or procedures determined by the Coordinator

In situations such as clinical rotations, performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave.  Students are encouraged to work with their faculty members and the University’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Coordinator will assist with plan development and implementation as needed.

Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer to determine other specific actions to take to ensure equal access.

Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Coordinator will consult with the Office of Disability and Accommodations to ensure the student receives reasonable accommodations for their disability as required by law.

Certification to Participate

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity, unless:

1. The certified level of physical ability or health is necessary for participation;

2. The institution requires such certification of all students participating; and

3. The information obtained is not used as a basis for pregnancy-related discrimination.

Lactation Space Access

The University provides students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others. A designated lactation space is available in room 233 of the Sally Breidegam Miksiewicz Center (“the Sally”) on the Bethlehem campus and in the Glatfelter room in Mayer Common on the Lancaster campus. Additional lactation spaces are under development.

Leaves of Absence

A. Students

Students are permitted to take a voluntary leave of absence for a reasonable time as deemed medically necessary by their healthcare provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity. While registered under that status, students who choose to take a leave of absence under this policy can elect to keep their health insurance coverage and continue residing in Recipient housing, subject to the payment of applicable fees.

To the extent possible, the University will take reasonable steps to ensure that students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent course catalog that was in place when the leave began.

Continuation of students’ scholarships, fellowships, or similar University-sponsored funding during the leave term will depend on student registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowship, or similar Recipient-supported funding by exercising their rights under this policy. 

Equal Opportunity and Title IX can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question.

In order to initiate a leave of absence, the student must contact the Coordinator at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Coordinator will assist the student in completing any necessary paperwork.

B. Employees

Information on employment leave is available through Human Resources and links to relevant leave policies can be found at www.moravian.edu/pregnancy.

If an employee, including a student-employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave under Title IX. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.

Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

Student Parents

Students with child caretaking/parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of a child or placement of a foster child may request an academic modification period during the first three (3) months from the time the child entered the home. Extensions may be granted when additional time is required by medical necessity or extraordinary caretaking/parenting responsibilities.

During the modification period, the student’s academic requirements will be adjusted and deadlines postponed as appropriate, in collaboration among Equal Opportunity andTitle IX, the student’s academic advisor, and the appropriate academic department(s).

Students seeking a period of modified academic responsibilities may consult with their academic advisor or with Equal Opportunity and Title IX to determine appropriate academic adjustment requests. Equal Opportunity and Title IX will communicate all requests under this policy to students’ academic advisors and coordinate adjustment-related efforts with the advisors unless the student specifically requests that their advisors be excluded.

Students are encouraged to work directly with their advisors and faculty members to reschedule course assignments, lab hours, examinations, or other requirements, and/or to reduce their overall course load, as appropriate, once authorization is received from Equal Opportunity and Title IX.

If, for any reason, caretaking/parenting students are not able to work with their advisors/faculty members to obtain appropriate modifications, students should alert Equal Opportunity and Title IX as soon as possible, and the office will help facilitate needed accommodations and modifications.

In timed degree, certification, or credentialing programs, students who seek modifications upon the birth or placement of their child will be allowed an extension of up to three (3) months to prepare for and take preliminary and qualifying examinations, and an extension of up to three (3) months toward normative time to degree while in candidacy, to the extent those deadlines are controlled by the Recipient. Longer extensions may be granted in extenuating circumstances.

Students can request modified academic responsibilities under this Policy regardless of whether they elect to take a leave of absence.

While receiving academic modifications, students will remain registered and retain benefits accordingly.

University Housing

A pregnant student’s University housing status will not be altered based on pregnancy status unless requested by the student. Parenting students’ access to housing is governed by the University’s housing contract and visitation policy.

Policy Dissemination and Training

This Policy will be provided to all employees through annual compliance notices and annual required training and is maintained on the University’s website. The University will alert all new students about this Policy and its location as part of orientation. Equal Opportunity and Title IX will make educational materials available to all members of the University community to promote compliance with this Policy and familiarity with its procedures.

Questions about the content or application of this Policy should be directed to the Equal Opportunity and Title Coordinator at pregnancy@moravian.edu.

Footnotes

^[1] Or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability.

^[2] “The Department interprets ‘termination of pregnancy’ to mean the end of pregnancy in any manner, including, miscarriage, stillbirth, or abortion.” Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 F.R. 33474, April 29, 2024, codified at 34 C.F.R. 106.