|
I. Introduction and Notice of Non Discrimination
Champlain College (“Champlain” or the “College”) is dedicated to fostering a welcoming, accessible, and inclusive environment for pregnant and parenting students, applicants for admission and employment, faculty, administrators, and staff. The College has enacted this Pregnancy Non-Discrimination Policy (the “Policy”) to reflect and maintain its institutional values and community expectations, to inform community members of their rights with respect to pregnancy or related conditions and parental status, and to advise students who are pregnant or have related conditions of reasonable modifications of College programs or activities.
II. Definitions and Prohibited Conduct
Definitions
Pregnancy or related conditions include the following:
-
Pregnancy, childbirth, termination of pregnancy, or lactation;
-
Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
-
Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or their related medical conditions.
Parental status is defined as 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 parent;
-
An adoptive parent;
-
A foster parent;
-
A 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.
Discrimination and Exclusion
Champlain prohibits discrimination on the basis of sex and gender, including discrimination on the basis of current, potential, or past pregnancy or related conditions, or parental, family, or marital status. This Policy incorporates by reference the College’s Sex Discrimination and Sexual Misconduct Policy.
Champlain does not discriminate on the basis of current, potential, or past pregnancy or related conditions, or parental, family, or marital status, in its admissions process, educational, extracurricular, athletic, or other programs, or in the context of employment, including applications.
Champlain will not:
-
Adopt or apply any policy, practice, or procedure concerning the current, potential, or past pregnancy, or related conditions; or parental, family, or marital status of a student or applicant or employee or applicant that treats any person differently on the basis of sex;
-
Make any pre-admission inquiry as to the marital status of an applicant for admission or applicant for employment, including whether such applicant is “Miss or Mrs.” In determining whether a person satisfies any policy or criterion for admission or employment, or in making any offer of admission or employment, Champlain will treat pregnancy or related conditions, or any temporary disability resulting therefrom, in the same manner and under the same policies as any other temporary disability or physical condition;
-
Require a student who is pregnant or has related conditions to provide certification from a physician or other licensed healthcare provider that the student is physically able to participate in the College class, program, or extracurricular activity, unless: (1) the certified level of physical ability or health is necessary for participation in that 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 prohibited discrimination; or
-
Adopt or apply any policy, practice, or procedure, or take any employment action on the basis of sex, concerning the current, potential, or past parental, family, or marital status, or pregnancy or related conditions, of an employee or applicant for employment that treats that person differently, or that is based upon whether an employee or applicant is the head of household or principal wage earner in such employee’s or applicant’s family unit.
Medical Benefits and Other Benefits and Services
Champlain will treat pregnancy or related conditions, and any temporary disability resulting therefrom, as any other temporary disability with respect to College benefits, including medical benefits, fringe benefits, and any other benefits, services, plans, or policies with respect to Champlain students or employees. For employees, this includes commencement, duration and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement.
III. Reasonable Modifications for Students
Students, or a person who has a legal right to act on behalf of the student, may request reasonable modifications to College programs or activities as a result of pregnancy or related conditions. Requests should be made by contacting the Title IX Coordinator:
Physical Address: Skiff Hall, Room117
Mailing Address: 375 Maple Street, Burlington, VT 05401
Email: cory.davis@champlain.edu
Phone: 802-865-6428
Students are not required to inform faculty, staff, or any member of the College administration of their pregnancy or parenting status, unless they are seeking modifications.
A student, or person who has a legal right to act on behalf of the student, who informs a College employee of the student’s pregnancy or related conditions, will be provided with the Title IX Coordinator’s contact information and notified that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure equal access to College education programs and activities.
Champlain College employees who have been identified as Mandated Reporters, may also inform the Title IX Coordinator when they receive a disclosure from a student relating to a pregnancy and/or related condition.
When the Title IX Coordinator receives notice of a student’s pregnancy or related conditions, the following will be provided and explained to the student by the Title IX coordinator:
-
Reasonable modifications of Champlain’s policies, practices, and procedures. Such reasonable modifications will be provided on an individualized and voluntary basis, depending on the student’s needs when necessary to prevent discrimination and ensure equal access to a College program or activity, unless such a modification would fundamentally alter the program or activity. Reasonable modifications will be implemented and coordinated by the Title IX Coordinator. Reasonable modifications may include breaks during class to attend to related health needs, expressing breast milk, or breastfeeding; intermittent absences to attend medical appointments; access to online or other homebound education; changes in schedule or course sequence; extension of time for coursework and rescheduling of tests and examinations; counseling; allowing a student to sit, stand, or carry or keep water nearby; changes in physical space or supplies (e.g. access to a larger desk or a footrest); elevator access; or other appropriate changes to policies, practices, or procedures.
-
Access, on a voluntary basis, to any separate portion of the College’s education program or activity, comparable to that offered to students who are not pregnant and do not have related conditions.
-
If applicable, a voluntary leave of absence from Champlain’s education program or activity to cover, at a minimum, the period of time deemed medically necessary by the student’s physician or other licensed healthcare provider. Upon the student’s return to Champlain’s education program or activity, the student will be reinstated to the academic status, and, as soon as practicable, to the extracurricular status that the student held when the leave began.
-
Availability of a lactation 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.
Supporting documentation will not be requested unless documentation is necessary and reasonable to determine the reasonable modifications or whether additional specific actions are needed.
The College will not require 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 extra-curricular activity unless the certified level of physical ability or health is necessary for participation, the certification is required of all participating students, and the information obtained is not used as a basis for discrimination.
IV. Reasonable Modifications for Employees
Employees may request reasonable accommodations as a result of pregnancy or related conditions. Requests should be made by contacting the Title IX Coordinator:
Physical Address: Skiff Hall, Room 117
Mailing Address: 375 Maple Street, Burlington, VT 05401
Email: cory.davis@champlain.edu
Phone: 802-865-6428
In working with employees requesting reasonable accommodations, the Title IX Coordinator may work with the People Center in order to provide reasonable accommodations as a result of pregnancy or related conditions.
In the case of an employee with insufficient leave or accrued time to qualify for leave under any College leave policy, including Family Medical Leave, the College will treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
Employees will be provided reasonable break time to express milk or breastfeed as needed. All employees must have access to a lactation space other than a bathroom that is clean, shielded from view, free from intrusion from others, and may be used by an employee for expressing breast milk or breastfeeding as needed.
V. Resolution Procedures
College community members who believe that they have been the target of discrimination on the basis of pregnancy or related conditions, or parental, family, or marital status, and/or who believe they have suffered any other violation of this Policy, are encouraged to report such violations as set forth in the Sex Discrimination and Sexual Misconduct Policy or to the other external agencies and resources listed there.
|
