1447P3 Pregnancy and Related Conditions and Parenting Students (Procedures)

Original Date: 7/31/2024 | Last Revision: 12/4/2024

Contact: Vice President, Diversity, Equity and Inclusion

Purpose

Bellevue College 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 college is prohibited from adopting or implementing any policy, practice, or procedure that treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past parental or family, or marital status. This policy and its protections apply to all persons experiencing pregnancy or related conditions and parenting students, regardless of gender identity or expression.

The following procedures are established to meet the requirements for implementing policy 1447.

Definitions

  • Parental status. The status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, 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 processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery.
  • Reasonable modifications. Individualized alterations, to the college’s policies, practices, or procedures necessary to prevent sex discrimination and ensure equal access to the college’s education program or activity. Modifications should not fundamentally alter the college’s education program or activity.

Information sharing requirements.

Any college employee who is notified by a student of the student’s pregnancy or related condition is required to:

  • Promptly provide the student, in writing via Bellevue College email, the Title IX coordinator’s contact information, and;
  • Inform the student 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.

If the employee has a reasonable belief that the Title IX coordinator is already aware of the student’s pregnancy or related condition, the employee is not required to provide the student with the Title IX coordinator’s contact information.

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 obligation 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 (Policy 1447P) for all reported discrimination, including discrimination based on pregnancy or related conditions
  • Treat pregnancy and related conditions in the same manner as other temporary medical conditions.

The Title IX coordinator will also notify the student of the process to file a complaint for reported 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 college’s education program and activity. Any student seeking reasonable modifications must contact the Title IX coordinator or their designee to discuss appropriate and available reasonable modifications based on their individual needs. Students are encouraged to request reasonable modifications as promptly as possible but no matter when a student notifies the Title IX coordinator of their pregnancy or related conditions or seeks reasonable modifications, the college must respond promptly and efficiently. Reasonable modifications are voluntary, and a student can accept or decline the offered reasonable modifications.

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
  • 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 Title IX coordinator.

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. The college will not require supporting documentation to validate a student’s pregnancy or related condition if:

  • a student’s need for a specific modification is obvious;
  • if the student has previously provided 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 bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom;
  • when the student has lactation needs; or
  • when the specific modification is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.

Information about a student’s reasonable 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 Title IX coordinator will consult with the designated staff in the disability resource center 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 college has designated lactation spaces on campus that are not a bathroom and may be used by any person on campus for pumping or breastfeeding as needed, regardless of a person’s gender identity or gender expression. Any designated lactation spaces will be kept clean, private and accessible, and available for use whenever the building space is open.

While there is lactation space available for use, the college recognizes that in Washington State, breastfeeding is permitted in any public place. Breastfeeding is not considered “indecent exposure,” and no one may stop another person from breastfeeding, require they cover themselves, move, or leave a public premises because they are breastfeeding. The decision of where to pump or breastfeed is at the person’s discretion, if consistent with Washington State law.

Lactation spaces are in the following locations:

  • C236 – Door code required. Request code at the disability resource center (U001) or Title IX (C227)
  • U003 & U308– No door code required. Open during U building business hours.
  • Campus Map

Leaves of Absence

Students

Students are permitted to take a voluntary leave of absence for a period deemed medically necessary by their healthcare provider because of pregnancy or related conditions 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.  Students who choose to take a leave of absence under this policy can continue residing in the college residential housing, subject to the payment of applicable fees. If the leave of absence exceeds the current academic year, requests to remain in housing will be evaluated on a case-by-case basis by the Title IX coordinator and director of housing.

To the extent possible, the college will ensure that students who take a leave of absence are reinstated 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. 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 necessary. In progressive curricular and/or cohort-model programs, the college will work with the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave. Modifications will take into account program-related regulatory requirements.  Students are encouraged to work with the Title IX coordinator to devise a plan for how to minimize the academic impact of their absence and get back on track as efficiently and comfortably as possible.

Continuation of students’ scholarships, fellowships, or similar college-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 college-supported funding by exercising their rights under this policy.

The vice-president of student affairs or their designee will assist students with respect to financial aid agencies and external scholarship providers if a leave of absence places eligibility into question.

Employees

Under Title IX, the college treats all employees’ pregnancy or related conditions as it does any other temporary medical conditions for all job-related purposes, including commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit of service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment. Employees who are pregnant or experiencing related conditions have the right to take leave, including voluntary unpaid leave, as outlined in the employee handbook and respective collective bargaining agreements.

Under the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), the college offers reasonable workplace accommodations for employees affected by pregnancy, childbirth, or related medical conditions. The college will always provide the following reasonable accommodations to employees experiencing pregnancy or related conditions, as needed, without requesting written certification from a healthcare professional:

  • Providing frequent, longer, or flexible restroom breaks;
  • Modifying a no food or drink policy;
  • Providing seating or allowing the employee to sit more frequently;
  • Refraining from lifting more than 17 pounds; and
  • Providing reasonable break time for an employee to express breast milk for two years after the child’s birth each time the employee has need to express the milk and providing a clean and private location, other than a bathroom, which may be used by the employee to express breast milk.

The college may provide other reasonable accommodations, some of which may require written certification from a healthcare professional, which may include but are not restricted to:

  • Job restructuring, including modifying a work schedule, job reassignment, changing a workstation, or providing equipment;
  • Providing a temporary transfer to a less strenuous or hazardous position;
  • Scheduling flexibility for prenatal visits; and
  • Providing any further accommodation the employee may need.

Under the PUMP Act, the college is not required to compensate an employee receiving reasonable break time for expressing breast milk for any work time spent for such purpose. However, as the time it takes to express breast milk is highly individualized, employees are encouraged to work with Human Resources and/or the Title IX coordinator to ensure they have the flexibility to express breast milk as necessary.

Employees who are enrolled in the college’s education program or activity are eligible to receive reasonable modifications as outlined in the student section of this procedure to sufficiently allow the employee to continue their educational progress as a student.

The college will not retaliate against employees affected by pregnancy or related conditions who request one of these changes or deny them employment opportunities if they are otherwise qualified or require them to take leave if an alternative is available. Additionally, pregnant employees with a pregnancy-related disability may have rights in addition to those listed here. 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 six (6) months from the time the child enters 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 with the Title IX office or designee, the appropriate academic department, and other appropriate staff as determined by the Title IX coordinator, e.g. the student’s academic advisor. Students can request modified academic responsibilities under this policy regardless of whether they elect to take a leave of absence.

Reporting Violations

If a college community member notifies the college of a failure to implement a reasonable modification or make a lactation space available, the college will promptly and effectively take additional steps to comply with their Title IX obligation to ensure that its education program or activity is free from discrimination on the basis of sex, including on the basis of pregnancy or related conditions. If a college community member files a complaint regarding the failure to implement a reasonable modification for pregnancy or a related condition or to make a lactation space available, this will constitute a report of sex discrimination, and the investigation procedure outlined in Policy 1447 will be initiated.

To report violations of this policy, contact the college’s Title IX coordinator or their designee:

Rachel Wellman, Title IX Officer  

  • Office: C227
  • Phone: 425.564.2641
  • Email: rachel.wellman@bellevuecollege.edu

Jill Powell-Szep, Title IX Coordinator  

  • Office: C227
  • Phone: 425-564-2704
  • Email: jill.powell@bellevuecollege.edu

Relevant Laws and Other Resources

  • Policy 1440, 1440P Discrimination, Harassment and Retaliation
  • Policy 1447, 1447P, 1447P2 Sex Discrimination
  • Policy 1450 General Complaints
  • Policy 2050 / WAC 132H-126 Student Code of Conduct
  • Department of Labor Pump Act
  • Pregnant Workers Fairness Act
  • PFWA What you should know
  • WA State laws specific about breast feeding – RCW 49.60.030 1(g); RCW 43.10.005, RCW 43.70.640 (infant-friendly workplaces)
  • Title IX of the Educational Amendments of 1972
  • Department of Education’s Office for Civil Rights
  • Bellevue College Association of Higher Education Collective Bargaining Agreement
  • Washington Public Employees Association Higher Education Collective Bargaining Agreement
  • Washington Federation of State Employees Higher Education Community College Coalition Collective Bargaining Agreement

Revision History

Created: 7/31/2024

Last Revision: 12/4/2024

Approved By

President’s Cabinet

Last Updated December 6, 2024