I. Purpose
A. The College is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972. Sex discrimination, which can include discrimination based on pregnancy, marital status, or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies, and health insurance coverage.
B. The College hereby establishes the Pregnant and Parenting Students Procedure (“Procedure”) for ensuring the protection and equal treatment of Students who experience Pregnancy or related Conditions, or who are parents.
II. Scope and Applicability
A. This Procedure applies to all Students.
B. This Procedure is adopted to implement the College’s Nondiscrimination Policy (“Policy”). It applies to all aspects of the College’s program, including admissions, educational programs, co-curricular activities, and student employment.
III. Definitions
A. All capitalized terms in these Procedures have the meanings provided in the Policy.
B. All other capitalized terms have the following meanings:
1. Academic Requirement means an activity that is required for completion of an academic class or program of study, including but not limited to, an assignment, examination, assessment, or class attendance, in a credit or non-credit course or program of study, including but not limited to, laboratory courses and clinical courses.
2. Activity or Activities collectively refers to Academic Requirements, Co-Curricular Programs, and Services.
3. Co-Curricular Program means an organized activity that is made available to Students outside of the College’s classes, and includes, but is not limited to, athletic teams and activities, student run clubs and organizations and performing arts groups.
4. Familial Status means the configuration of one’s family or one’s role in a family.
5. Fundamental Alteration means a modification that is so significant that it changes an Essential Function of an Activity, as that term is defined in the College’s Disability Accommodation Policy.
6. Marital Status means the state of being married or unmarried.
7. Parental status means the status of a person who, in relation to another person who is under the age of 18, or who is 18 or older but who in incapable of self-care because of a mental or physical disability, is 1) A biological parent; (2) An adoptive parent; (3) A foster parent;(4) A stepparent; (5) A legal custodian or guardian; (6) In loco parentis with respect to such a person; or (7) Actively seeking legal custody, guardianship, visitation, or adoption of such a person.
8. Reasonable Modification means individualized modification to the College’s policies, practices or procedures that do not fundamentally alter the College’s education program or activity.
9. Service means a non-academic service provided by the College to Students, Employees and/or Visitors, including but not limited to, dining services, College identification cards, technology services, parking, fitness facilities, library services, the bookstore, performances and events on campus, computer labs, disability support services, academic advising, admissions, financial aid services, academic tutoring, testing, career and community services, Help-Link program, the Food Pantry, health and wellness services, personal counseling, and student achievement and success programs, and other similar services.
IV. Nondiscrimination in Admissions
A. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, the College will treat Pregnancy or Related Conditions in the same manner and under the same policies as any other temporary medical conditions.
B. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, the College will not:
1. Adopt or implement any policy, practice, or procedure concerning the current, potential, or past Parental, Family, or Marital Status of a Student or applicant that treats persons differently on the basis of sex;
2. Discriminate against any person on the basis of current, potential, or past Pregnancy or Related Conditions, or Parental, Family or Marital Status of a Student, or adopt or implement any policy, practice, or procedure that so discriminates; or
3. Make a pre-admission inquiry as to the Marital Status of an applicant for admission, including whether such applicant is ‘‘Miss or Mrs.’’ The College may ask an applicant to self-identify their sex, but only if this question is asked of all applicants and if the response is not used as a basis for discrimination prohibited by this part.
V. Nondiscrimination on the Basis of Parental, Family or Marital Status
A. The College will not adopt or implement any policy, practice or procedure concerning a Student’s current, potential or past Parental, Family or Marital Status that treats Students differently on the basis of sex.
VI. Information Sharing Requirements
A. Any College Employee who becomes aware of a Student’s Pregnancy or Related Condition is required to provide the Student with the Title IX Coordinator’s contact information and communicate that the Coordinator can help take specific actions to prevent discrimination and ensure equal access to the College’s education program and activity. If the Employee has a reasonable belief that the Title IX Coordinator is already aware of the Pregnancy or Related Condition, the Employee is not required to provide the student with the Title IX Coordinator’s contact information.
B. Upon notification of a Student’s Pregnancy or Related Condition, the Title IX Coordinator will contact the Student and inform the Student of the College's obligations to:
· Prohibit sex discrimination.
· Provide Reasonable Modifications.
· Allow access, on a voluntary basis, to any separate and comparable portion of the College’s education program or activity.
· Allow a voluntary leave of absence.
· Ensure lactation space availability.
· Maintain a resolution process for alleged discrimination.
· Treat Pregnancy and Related Conditions as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.
C. The Title IX Coordinator will also notify the Student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.
VII. Requests for Reasonable Modifications for Pregnancy or Related Conditions
A. Students experiencing Pregnancy or Related Conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to the College’s education program and activity.
1. Requests for Reasonable Modifications should be made by a Student experiencing Pregnancy or a Related Condition to the Title IX Coordinator by submitting a request to:
Title IX Coordinator
Student Union, Suite 220
101 College Parkway
Arnold, MD 21012
(410) 777-1239
complianceofficer@aacc.edu
2. If a request is made to another college Employee, the Employee will refer the Student to the Title IX Coordinator.
3. The Title IX Coordinator will consult with the Student to evaluate and make a determination about the requested modifications.
4. Reasonable Modifications may include, but are not limited to:
• 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;
• Extensions of time 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; or
• Other changes to policies, practices, or procedures as determined by the Title IX Coordinator.
5. In situations such as clinical rotations, performances, labs, and group work, the College 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 College’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 Title IX Coordinator will assist with plan development and implementation as needed.
6. 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.
a. Examples of situations when requiring supporting documentation is not necessary and reasonable include, but are not limited to, when the Student’s need for a specific modification is apparent, such as when a Student who is pregnant needs a larger uniform; when the Student has previously provided the College with sufficient supporting documentation; when the Reasonable Modification because of Pregnancy or Related conditions at issue is allowing a student to carry or keep water nearby and drink, use a larger desk, sit or stand, or take breaks to eat, drink, or use the restroom; when the Student has lactation needs; or when a specific modification is available to Students for reasons other than pregnancy or related conditions without submitting documentation.
7. Information about pregnant Students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification.
8. 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 Title IX Coordinator will consult with the DSS Office to ensure the Student receives reasonable accommodations for their disability as required by law.
9. If a Student requests a modification that may fundamentally alter the nature of an Activity, the Title IX Coordinator will refer the request to the Fundamental Alteration Review Committee for consideration. A modification will not be provided if it causes a Fundamental Alteration of an Activity.
VIII. Voluntary Leaves of Absence for Pregnancy or Related Conditions
A. The College will allow Student to voluntarily take a leave of absence from an education program or activity to cover, at minimum, the period of time deemed medically necessary by the Student’s licensed healthcare provider 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.
B. To the extent possible, the College 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 and extracurricular status 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.
C. Continuation of Students’ scholarship, fellowship, or similar College-sponsored funding during the leave term will depend on the Students’ 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, or similar College-supported funding by exercising their rights under this Procedure.
D. In order to initiate a leave of absence, the Student must contact the Title IX Coordinator at least thirty (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.
IX. Lactation Space
A. The College will ensure that the Student 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. Information about location of lactation spaces can be found on the College website.
X. Certification to Participate
A. The College will not require a Student who is pregnant or has Related Conditions to provide certification from a healthcare provider or any other person that the Student is physically able to participate in a class, program, or extracurricular activity unless:
1. The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity;
2. The College requires such certification of all Students participating in the class, program, or extracurricular activity; and
3. The information obtained is not used as a basis for discrimination prohibited by this Policy and Procedure.
XI. Coordination with Faculty
A. The Title IX Coordinator will communicate all requests for modifications of Academic Requirements under this Procedure to Students’ faculty members and will coordinate modification-related efforts with the faculty members.
B. If, for any reason, pregnant or parenting Students are not able to work with their faculty members to obtain Reasonable Modifications, students should alert the Title IX Coordinator as soon as possible. The Title IX Coordinator will help facilitate needed modifications.
XII. Retaliation and Harassment
A. Harassment of any member of the College community based on sex, gender identity, gender expression, sexual orientation, Pregnancy or Related Condition, Marital Status, or Parental Status is prohibited.
B. College Employees are prohibited from interfering with Students’ right to take leave, seek Reasonable Modifications, or otherwise exercise their rights under this Procedure, including imposing or threatening to impose negative educational outcomes because Students request leave or modification file a complaint, or otherwise exercise their rights under this procedure.
C. Retaliation and Harassment should be reported to the TIX Coordinator and will be addressed under appropriate College procedures.
XIII. Internal and External Complaints
A. Internal Complaints. Students may file complaints related to any violation of this Procedure pursuant to the College’s Resolving Discrimination and Sexual Misconduct Allegations Procedure.
B. External Complaints. Although College community members are encouraged to attempt to resolve complaints using the College’s internal complaint procedures set forth above, they have the right to file a complaint directly with the external agency authorized to accept such complaints or pursue other remedies available to them under state or federal law. Complaints may be made to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Website: Office of Civil Rights
Maryland Commission on Civil Rights
William Donald Schaefer Tower
6 Saint Paul Street, Suite 900
Baltimore, MD 21202-1631
Telephone (Main): (410) 767-8600
Telephone (Toll free): (800) 637-6247
Maryland Relay 7-1-1
Facsimile: (410) 333-1841
Website: https://mccr.maryland.gov/Pages/Intake.aspx
Procedure Title: Interim Pregnant and Parenting Students Procedure
Policy Category: General
Policy Owner: President
Policy Administrator: Chief Compliance and Fair Practices Officer
Contact Information: complianceofficer@aacc.edu; 410-777-1239
Approval Date: October 21, 2024
Effective Date: November 19, 2024
History: N/A
Applies to: Students
Related Policies: Interim Nondiscrimination Policy
Related Procedures:
Forms/Guidelines: N/A
Relevant Laws: