Gogebic Community College - Pregnancy and Related Conditions Policy

Pregnancy and Related Conditions Policy (Students)

Nothing in this Policy is intended to create or define the terms of a contract between Gogebic and any applicant, student, or other individual or entity. The College reserves the right to alter, amend, or deviate from the provisions in this Policy at any time, with or without notice to the College community.

I. Purpose

Gogebic Community College (the “College”) is dedicated to providing equal access to its education programs and activities for all applicants and students and to fostering a community that welcomes and supports pregnant and parenting applicants and students. This Policy outlines the College’s commitment to comply with applicable Federal law, including Title IX of the Education Amendments of 1972 and any other applicable law and establishes the College’s intent to protect applicants and students against unlawful discrimination based on pregnancy or related conditions. The Policy also describes reasonable modifications and resources that may be available to students.

II. Scope

This Policy generally applies to applicants for admission (“applicants”) and admitted students (“students”) at the College, though some provisions are limited to students where indicated. This Policy applies to pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions relating to pregnancy, childbirth termination of pregnancy, or lactation; and recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions (collectively, “pregnancy or related conditions”). Generally, recovery from childbirth will be presumed to include the six (6) weeks following childbirth. However, recovery time will be extended when deemed medically necessary by an applicant’s or student’s healthcare provider. Recovery time from other conditions will be determined based on the time deemed medically necessary by an applicant’s or student’s healthcare provider. This Policy applies regardless of the gender identity or expression of an applicant or student.

III. Nondiscrimination, Harassment, & Retaliation

In accordance with Title IX and other applicable Federal and state laws, the College does not unlawfully discriminate against any applicant or student or exclude any applicant or student from its education program or activity on the basis of sex, which includes an applicant’s or student’s current, potential, or past pregnancy or related conditions, in its education programs and activities. Additionally, in accordance with Title IX, the College will not adopt or implement any policy, practice, or procedure concerning an applicant’s or student’s current, potential, or past parental, family, or marital status which treats applicants or students differently on the basis of sex.

The College will not tolerate discrimination or harassment on the basis of sex, including on the basis of current, potential, or past pregnancy or related conditions, in its community and will promptly and equitably respond to reports of discrimination and harassment. The College also prohibits retaliation against any individuals for reporting discrimination or harassment prohibited by this Policy or for exercising or attempting to exercise a right under this Policy. Reports of discrimination, harassment, or retaliation should be made to the Title IX Coordinator at jennifers@gogebic.edu. Any member of the College community can make a report. Reports of discrimination, harassment, or retaliation will be handled according to the applicable grievance procedures outlined in the College’s Title IX Policy, as is appropriate based on the allegations in the report.

IV. College’s Obligations Relating to Pregnancy or Related Conditions

1. Employee Notification Obligations

When a student, or a person who has a legal right to act on behalf of the student, informs any College employee of the student’s pregnancy or related conditions, the employee must promptly provide that person with the Title IX Coordinator’s contact information and inform that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the College’s education program or activity. The employee does not need to provide this information if the employee reasonably believes that the Title IX Coordinator has already been notified of the student’s pregnancy.

2. Title IX Coordinator Obligations

When a student, or a person who has a legal right to act on behalf of the student, notifies the Title IX Coordinator of the student’s pregnancy or related condition, the Title IX Coordinator or their designee will coordinate all actions required by the College under this Policy and ensure that the College’s obligations under this Policy and Title IX are carried out. When this Policy refers to actions of the Title IX Coordinator, these actions may be fulfilled by the Title IX Coordinator or the Title IX Coordinator’s designee.

V. Reasonable Modifications

As appropriate, the College will make reasonable modifications to its policies, practices, or procedures based on a student’s pregnancy or related conditions as necessary to prevent sex discrimination and ensure equal access to the College’s education program or activity, provided that such modifications do not fundamentally alter the nature of the College’s education program or activity. The College will treat pregnancy and related conditions in the same manner as it treats other temporary medical conditions. A student in need of a reasonable modification on the basis of pregnancy or related conditions should contact the Title IX Coordinator at jennifers@gogebic.edu. The Title IX Coordinator will work with the student and faculty to identify and implement appropriate reasonable modifications that help prevent sex discrimination, provide the student with equal access to the College’s education program or activity, and do not fundamentally alter the nature of the education program or activity. In any situation where an agreement regarding a modification cannot be reached, the Title IX Coordinator has the discretion to determine whether a particular requested modification is reasonable and will be provided. Each reasonable modification will be based on the student’s individualized needs. The determination of reasonable modifications involves an interactive process between the College and the student. Once the College determines one or more modifications are reasonable and offers options for reasonable modifications to a student, the student has discretion to accept or decline each reasonable modification offered. If a student accepts a reasonable modification that the College has offered, the College will implement it. The College will only require supporting documentation related to reasonable modifications when such documentation is necessary and reasonable for the College to determine the reasonable modifications to make. While not exhaustive, the following sub-sections provide additional information about reasonable modifications that may be available.

1. Absences and Missed Coursework

Course absences due to pregnancy or related conditions, including absences to attend medical appointments, may be excused. However, depending on the length and frequency of the absence and the area of instruction (e.g., courses with lab requirements, clinical rotations, etc.), it may not be feasible, even with reasonable modifications, for a student to complete a particular course at a particular time. The College may limit excused absences to those deemed medically necessary by the student’s healthcare provider and may require documentation from a student’s healthcare provider confirming the necessity of the absence(s), provided such documentation is necessary and reasonable. When the student returns to the College, to the extent possible, the College will reinstate the student to the status the student held when the absence began. As discussed under the “Certification to Participate” section below, a student may need to provide the College with certification from the student’s healthcare provider prior to returning to an academic or extracurricular program or activity.

The College will provide students extensions of time and/or changes in schedule to complete or make up coursework that is due or was missed as a result of an absence due to pregnancy or related conditions. The method and timing for making up missed course work may depend on the nature of a particular course or activity. For example, courses with lab work or clinical rotations may need to be made up by taking or retaking part or all of a course during a subsequent semester.

Students are responsible for contacting faculty members to notify them of their intent to miss class or to be on a leave due to pregnancy or related conditions. In the event that prior notice is not possible due to an emergency, students are responsible for contacting faculty as soon as possible after the fact. Students should work with faculty to determine how they will make up any work that was missed during the absence.

Faculty are responsible for ensuring that all students have equal access to the College’s education programs and activities. This includes, where appropriate, working with the Title IX Coordinator to make reasonable modifications for students to make up any missed coursework, fieldwork, and any points or credits that are based on course attendance or participation. When appropriate, faculty may assign different coursework to replace coursework, fieldwork, or attendance/participation points that were missed. Notwithstanding the foregoing, nothing in this Policy is intended to fundamentally alter course requirements or other aspects of the education program or activity.

2. Remote Learning

When appropriate, remote or homebound learning may be a reasonable modification that is needed due to pregnancy or related conditions. The availability of remote or homebound learning as a modification will be based on the nature of the course, the availability of needed technology, and the needs of the student. Generally, remote or homebound learning will be provided as a reasonable modification only for a limited period of time based on medical necessity. Notwithstanding the foregoing, nothing in this Policy is intended to fundamentally alter course requirements or other aspects of the education program or activity.

3. Physical Modifications

Physical modifications, such as more comfortable seating, a larger desk, a footrest, elevator access, more frequent breaks or allowances to sit, stand, drink water, eat, use the restroom, or rest, etc., during class time or fieldwork may also be made available for students as needed due to pregnancy or related conditions, provided that such modifications do not fundamentally alter the nature of an education program or activity.

4. Lactation Modifications

Reasonable modifications are available for lactating students who need to breastfeed or express breast milk for their nursing child or for medical reasons relating to the student’s pregnancy or related condition. If possible, students are encouraged to breastfeed or express breast milk between classes or outside of instruction time, in order to minimize disruption to the student’s learning. In cases where that is not possible and a student must miss class or field work to breastfeed or express breastmilk, such absence will be excused, the student will not be penalized for the time missed, and the student will be provided an opportunity to make up any time or work missed during the absence, provided that such modifications do not fundamentally alter the nature of an education program or activity. Students should work with faculty to determine how they will make up any time or work that was missed during the absence. For more information, see the “Absences and Missed Coursework” section above.

5. Accommodations for Pregnancy-Related Disabilities

Reasonable accommodations may also be available for students with a pregnancy-related disability. Students with a pregnancy-related disability are encouraged to contact Accessibility Services at supportservices@gogebic.edu. More information regarding disability support can be found here. To the extent possible, the Title IX Coordinator, Accessibility Services, and the Center for Academic Choices, Enrichment, and Success will work together to provide reasonable modifications and reasonable accommodations to students with a pregnancy-related disability .

6. Other Reasonable Modifications

The descriptions of reasonable modifications above are not an exhaustive list of reasonable modifications available from the College. Reasonable modifications may also be available in the areas of counseling, changes to test or exam dates, changes to course sequence, extensions of deadlines, and many other aspects of the College’s education programs and activities, provided that the modifications do not fundamentally alter the nature of an education program or activity. Students are encouraged to identify and request reasonable modifications that are not discussed in this Policy. The availability and reasonableness of a requested modification will be determined on a case-by-case basis, regardless of whether they are specifically mentioned in this Policy. The Title IX Coordinator will work with the student and faculty to identify and implement appropriate reasonable modifications that are necessary to prevent sex discrimination and ensure equal access to the College’s education program or activity, and that do not fundamentally alter the nature of the education program or activity.

7. Assistance for Other Expectant and New Parents

While most provisions in this Policy apply to expectant or new gestational parent, assistance and adjustments may be available for expectant or new parents other than gestational parent, such as expectant or new co-parent and expectant or new adoptive or foster parents, as appropriate. Students in need of assistance or adjustments because they are an expectant or new co-parents or expectant or new adoptive or foster parent should contact the Title IX Coordinator at jennifers@gogebic.edu. Additionally, resources available to all expectant and new parents are described in the “Resources” section below.

VI. Lactation Space

The College will ensure that students can access a lactation space, which must be a space other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a student for expressing breast milk or breastfeeding as needed. Such lactation space is available in rooms A-315 – Ironwood and 200 – CCC. Students in need of an alternative location should contact the Title IX Coordinator at jennifers@gogebic.edu.

VII. Leave of Absence

Students may take a voluntary leave of absence due to pregnancy or related conditions for so long a period of time as is deemed medically necessary by the student’s licensed healthcare provider. At the conclusion of such leave of absence, to the extent possible, the student will be reinstated to the academic status and, as practicable, to the extracurricular status, that the student held when the leave began. However, depending on the length the leave and the area of instruction (e.g., courses with lab requirements, clinical rotations, etc.), it may not be feasible for a student to return to a particular course at a particular time, and it may be necessary in some circumstances for a student to restart a course from the beginning.

The College will only require supporting documentation related to a leave of absence if the documentation is necessary and reasonable to show that the student’s licensed healthcare provider has deemed the leave of absence medically necessary or is otherwise necessary and reasonable for the College to provide the leave of absence. Notwithstanding the foregoing, nothing in this Policy is intended to fundamentally alter course requirements or other aspects of the education program or activity.

VIII. Certification to Participate

Depending on the nature of the class, program, fieldwork, extracurricular activity, or other education program or activity in which a student is involved, the College may require a student to obtain written certification from the student’s healthcare provider that the student is physically able to participate in the class, program, fieldwork, extracurricular activity, or other education program or activity. Such certification will only be required in situations where (1) the certified level of physical ability or health is necessary for participation in the class, program, fieldwork, extracurricular activity, or other education program or activity; (2) the College requires such certification from all students participating in the class, program, fieldwork, extracurricular activity, or other education program or activity; and (3) the information obtained is not used as a basis for discrimination prohibited by this Policy or Title IX.

IX. Comparable Treatment to Other Temporary Medical Condition

To the extent consistent with the College’s obligations related to the provision of reasonable modifications for pregnancy and related conditions, as discussed above, the College will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital benefit, service, plan, or policy the College administers, operates, offers, or participates in with respect to students admitted to the College’s education program or activity.

X. College Employment

If a student is also employed by the College, the student should review the College’s Employee Handbook and contact the Office of Human Resources regarding any pregnancy-related questions or concerns pertaining to the student’s employment.

XI. Use of Information

The College will not disclose personally identifiable information regarding a student’s pregnancy or related condition without the student’s consent, unless required or permitted by applicable law or as necessary to carry out the terms of this policy or to address conduct that reasonably may constitute sex discrimination in the College’s education program or activity.

XII. Resources

The College is committed to supporting students who are expecting or new parents, including gestational parent and, as applicable, co-parent. Several resources are available on and off campus. Students can contact the Title IX Coordinator at jennifers@gogebic.edu for more information regarding resources.

Available Resources

On-Campus Resources

Counseling Services – T-111 - Ironwood, or virtually, Counselor@gogebic.edu
Academic Success Office – B-23 – Ironwood, Academicservices@gogebic.edu
Housing Office – T-109 – Ironwood, Housing@gogebic.edu
Office of Financial Aid – T-104 – Ironwood, FAO@gogebic.edu

Off-Campus Resources

Hospitals:

Aspirus (Houghton), 906-337-6500
Aspirus Grand View Hospital (Ironwood), 906-932-2525

Counseling:

24-hour crisis line, 800-526-5059
Community Mental Health, 888-906-9060
Copper Country Mental Health Services, 906-482-9404

XIII. Contact Information

To make a report of discrimination, harassment, or retaliation, to request reasonable modifications, or to ask questions regarding this Policy, please contact:

Dr. Jennifer Sabourin

Title IX Coordinator

Vice President of Student Services & Athletics

(906) 307-1210

Office Location: T-108C

jennifers@gogebic.edu

ADDENDUM: NOTICE OF NONDISCRIMINATION

In accordance with applicable federal and state laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, the Americans with Disabilities Act and ADA Amendments, and the Elliott-Larsen Civil Rights Act, the College does not unlawfully discriminate on the basis of sex, sexual orientation, gender identity or expression, race, color, national origin, religion, age, disability, height, weight, marital status, familial status, pregnancy, genetic information, veteran status, citizenship status, creed, ancestry, or any other protected status under federal, state or local law applicable to the College, in its education programs and activities, in employment policies and practices, and all other areas of the College.

Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The College is required by Title IX and its regulations not to engage in sex discrimination in its education program or activity, including admissions and employment. Sex discrimination is conduct based upon an individual's sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that excludes an individual from participation in, denies the individual the benefits of, or treats the individual less favorably in an education program or activity. Sex-Based Harassment is a form of sex discrimination. In accordance with Title IX and its regulations, the College’s Title IX Policy addresses the College's prohibition of the following forms of sex discrimination: Non-Harassment Discrimination (Differential Treatment, Retaliation, and Failure to Provide a Student Reasonable Modifications for Pregnancy and Related Conditions) and Sex-Based Harassment (Quid Pro Quo Harassment, Hostile Environment Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and Sexual Exploitation). The Policy can be found at: https://www.gogebic.edu/currentstudents/nondiscrimination.html

The College prohibits unlawful sex discrimination in any form. The College will promptly and equitably respond to all reports of Sex Discrimination. To report information about conduct that may constitute Sex Discrimination or to make a complaint of Sex Discrimination, please contact the Title IX Coordinator. Inquiries related to any other form of discrimination, or any other nondiscrimination law or policy can also be made to the Title IX Coordinator.

Questions or concerns about Title IX and/or Sex Discrimination, including Sex-Based Harassment, may be directed to the College's Title IX Coordinator: