dmcmahan@fit.edu

Applies to:	Original Policy Date:	Date of Last Review:	Approved By:
Students, faculty, employees, and visitors	August 2024	August 1, 2024	Dr. John W. Nicklow, President

Policy Owner: Title IX and Equal Opportunity Office

Policy Purpose

Florida Institute of Technology is committed to creating an accessible and inclusive environment for pregnant and parenting individuals free from discrimination, harassment, and retaliation on the basis of sex, as defined by the Title IX of the Education Amendments of 1972. Sex discrimination, which can include discrimination based on pregnancy, childbirth, termination of pregnancy, recovery, other pregnancy related conditions, family, marital status, or parental status, is prohibited and illegal in all university programs and activities, including admissions, educational programs, and activities, hiring, leave policies, employment policies, and health insurance coverage.

Policy Statement

For the purposes of this policy and fulfilling our obligations under Title IX, pregnancy or related conditions are treated in the same manner and under the same policies as any other temporary medical conditions and does not:

1. Adopt or implement any policy, practice, or procedure concerning the current, potential, or past parental, family, or marital status of a student, employee or applicant that treats persons differently on the basis of sex; or that is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee's or applicant's family unit.
2. Discriminate against any person on the basis of current, potential, or past pregnancy or related conditions, or adopt or implement any policy, practice, or procedure that so discriminates; and
3. Make a pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss or Mrs.” An applicant cannot be required 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 under Title IX.

Policy Scope

This policy applies to any person (student, faculty, staff, third parties) participating or attempting to participate in University’s education programs or activities.

Anyone with questions about this policy, reasonable modifications or their rights as a pregnant or parenting individual should contact the university’s Title IX coordinator at titleixcoordinator@fit.edu or 321-674-7153.

Definitions

Pregnancy or related conditions means:

1. Pregnancy, childbirth, termination of pregnancy, or lactation;
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Parental status, as used in §§ 106.21(c)(2)(i), 106.37(a)(3), 106.40(a), and 106.57(a)(1), means 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:

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.

Procedures/Guidelines

• Responsibility to provide Title IX Coordinator contact information.
  

  All Employee must promptly provide the Title IX Coordinator's contact information to any student who informs that employee of the student's pregnancy or related conditions 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 recipient's education program or activity.

  Title IX Coordinator contact information:

  David McMahan, J.D., Title IX Coordinator
  Denius Student Center
  321-674-7386
  dmcmahan@fit.edu or titleixcoordinator@fit.edu

  
  
• Reasonable Modifications
  Students, faculty, and staff have a right to reasonable modifications for conditions related to pregnancy and parenting. Modifications may include but are not limited to, leaves of absence, excused absences, modified class schedules, lactation accommodations, and alternative testing options.

  The University will make reasonable modifications to university policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to university education program or activity. Each reasonable modification will be based on the student’s or employee’s individualized needs. In determining what modifications are required under this paragraph, the university will consult with the individual making the request for reasonable modification. The individual making the request has discretion to accept or decline each reasonable modification offered by the university. If the individual accepts a university’s offered reasonable modification, the university must implement it.

  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.
  • Voluntary access to separate and comparable portion of program or activity.
  • Voluntary leaves of absence. The individual has right to voluntarily take a leave of absence from the university’s education program or activity to cover, at minimum, the period of time deemed medically necessary by the individual’s licensed healthcare provider. To the extent that a person qualifies for leave under a leave policy maintained by the University that allows a greater period of time than the medically necessary period, the individual has the right to take voluntary leave under that policy instead at their discretion.
  • reinstatement to the academic status and, as practicable, to the extracurricular status that the student held when the voluntary leave began When the student returns to University education program or activity.
  • Granting and return from leaves of absence, leave for pregnancy or related conditions, leave for persons of either sex to care for children or dependents, or any other leave.
    
    
• Lactation Accommodations

  A student or employee may, at their discretion, express breast milk or breastfeed on campus as needed a space other than a bathroom that is clean, shielded from view, and free from intrusion from others. While individuals are not prohibited from breastfeeding in public spaces, the university will make reasonable modifications to provide a room or other location where the student or employee can express milk in private.  Please contact the Title IX Coordinator at titleixcoordinator@fit.edu or call 321-674-7153 for more information about lactation rooms available on campus.  The FLSA requires employers to provide reasonable break times and a private place, other than a bathroom, to employees covered under Section 7 of the FLSA who are breastfeeding to express milk for one year after their child's birth.

• Comparable treatment to other temporary medical conditions.

  For the purposes of this policy and fulfilling our obligations under Title IX, pregnancy or related conditions are treated 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 University administers, operates, offers, or participates in with respect to students admitted to the university’s education program or activity.

• Voluntary leaves of absence for employees.

  In the case of an employee with insufficient leave or accrued employment time to qualify for leave under such another university policy, the university must 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.

• Certification to participate.
  

  The University does 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 the university’s class, program, or extracurricular activity unless:

  • The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity;
  • Such certification is required of all students participating in the class, program, or extracurricular activity; and
  • The information obtained is not used as a basis for discrimination prohibited by under Title IX.
• Absences Related to Pregnancy and Parenting

  While the university will not assume that a pregnant student cannot attend school or participate in school activities, absences due to pregnancy or childbirth shall be excused for as long as is deemed medically necessary by the student’s doctor.

  Where possible, a student should make an accommodation request for an excused absence in advance of the missed class. Students may make up work they missed while out due to pregnancy or any related conditions, including recovery from childbirth. If a professor awards “points” for class attendance, students must be given the opportunity to earn back the credit from classes missed because of pregnancy. Employees may contact the Human Resources Leave and Wellness Administrator at 321-674-8702 to make a request for reasonable accommodations related to absences.

• Class Attendance and Participation in Activities

  Pregnant and/or parenting students will not be prevented from attending class on the basis of pregnancy. As such, pregnant or parenting students may continue participating in activities and programs outside of class, such as sporting, extracurricular activities, labs, and career rotations.

• Scholarships

  The university will not terminate or reduce athletic, merit, or need-based scholarships because of pregnancy or parenting.

• How to Request a reasonable modification

  You may make a request for a reasonable modification by completing the request for accommodation form or by email titleixcoordinator@fit.edu with the following information. A request for an accommodation should include:

  • an explanation of why the person making the request requires an accommodation
  • a description of the requested accommodation
  • the expected duration of the accommodation (e.g., start and end dates)

  Students who have a temporary disability caused or contributed to by pregnancy are not required to notify Florida Tech of their pregnancies. If students do not want to request a reasonable accommodation due to pregnancy, they may request an accommodation through the Office of Accessibility Resources 321-674-8285 or accessibilityresources@fit.edu. Employees may contact the Human Resources Leave and Wellness Administrator at 321-674-8702 or hr@fit.edu to make a request for reasonable accommodations.

• Supporting documentation.

  Supporting documentation may be submitted when:

  • The documentation is necessary and reasonable for the University to determine the reasonable modifications to make or whether to take additional specific actions.
  • Examples of situations when supporting documentation is not necessary and reasonable include, but are not limited to:
    1. when the student's need for a specific action is obvious, such as when a student who is pregnant needs a bigger uniform;
    2. when the student has previously provided the recipient with sufficient supporting documentation;
    3. 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;
    4. when the student has lactation needs
    5. or when the specific action is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.
       
       
• Coordinating an Accommodation Under the Pregnant and Parenting Policy

  Upon receipt of an accommodation request, the Title IX Coordinator or their designee will schedule a meeting with the individual making the request and begin the “interactive process” to discuss the request and all potential reasonable modification options.

  The Title IX Coordinator or their designee may consult with the relevant campus department(s) that may be involved in providing the requested reasonable modification for guidance to ensure proper implementation of the reasonable modification. If the Title IX Coordinator or their designee determines that the accommodation request is not reasonable or would not be effective, parties will discuss other alternative accommodations as part of the interactive process.

  While students and employees have a right to participate in a good-faith interactive process, they do not have a right to a specific accommodation or a preferred accommodation.  The university at its discretion may refuse to approve or implement a requested accommodation it the accommodation will cause the university an undue hardship.  The university may request medical documentation from a healthcare provider to assist in the interactive process of determining an appropriate accommodation.

• Approval Process

  If an accommodation is approved, the Title IX Coordinator or their designee will send a written approval notification to the student or employee. This notification will include a summary of the accommodation and the duration of the accommodation.

  If a specific accommodation request is denied, the university will provide an explanation for the denial with an opportunity to appeal the decision or modify the requested accommodation.

• Appealing a Denial for an Accommodation

  Students and employees who disagree with the accommodation decision may submit an appeal letter to the Title IX Coordinator at titleixcoordinator@fit.edu. An appeal may be made on the following bases:

  • The student or employee was not provided access to an interactive process
  • A party involved in determining the reasonable accommodation had a bias or conflict that materially impacted the outcome of the interactive process.

  The appeal letter must include a summary of the requested accommodation and the grounds for appeal. The Title IX Coordinator or designee shall assign a trained Appeal Officer to review the appeal and issue a decision within 10 business days.

  If, upon review, the Appeal Officer determines that the appeal letter does not raise sufficient grounds for appeal, the appeal will be dismissed. If, upon review, the Appeal Officer determines that the appeal letter does bring forth sufficient grounds for appeal, the Appeal Officer may:

  • Affirm the decision of the Title IX coordinator or their designee, upholding the denial;
  • Approve the requested accommodation;
  • Commence a meeting with the student or employee and other necessary parties, to engage in an interactive process for the purpose of reconsidering the accommodation request.

• Modification of an Approved Accommodation

  If a student or employee needs to modify an approved accommodation, they should notify the Title IX coordinator in writing at titleixcoordinator@fit.edu  

Enforcement

Complaints of Discrimination, Harassment, and Retaliation

All individuals are encouraged to promptly report conduct that may violate this policy to the University through its Title IX Coordinator. As discussed above, notice may be given at:

David McMahan, Title IX Coordinator
Denius Student Center | 321-674-7386 | dmcmahan@fit.edu

Kelsey Garrett, Senior Deputy Title IX Coordinator
Denius Student Center, room 214 | 321-674-7153 | kgarrett@fit.edu 

An electronic form may also be used to file a complaint. The form can be accessed at: https://www.fit.edu/title-ix/

The Title IX Coordinator is the person at the University with the authority to institute corrective measures on the University’s behalf pursuant to this policy.

Retaliation

The university prohibits retaliation, including peer retaliation, in its education program or activity. When the university has information about conduct that reasonably may constitute retaliation under Title IX or this policy, the university will initiate its grievance procedures under Title IX or as appropriate, an informal resolution process to address the alleged retaliation.

Grievance Process

The university grievance procedures for investigation and adjudication of complaints of sex discrimination based on a pregnancy and or related condition and parental status can be assessed at https://www.fit.edu/policies/title-ix/

Responsibilities

Employees: Must promptly provide the Title IX Coordinator's contact information to any student who informs that employee of the student's pregnancy or related conditions 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 recipient's education program or activity.

Individual making the request: Complete a request for accommodation form or contact Title IX Coordinator at titleixcoordinator@fit.edu or 321-674-7153 to make a request and submit any requested documentation.

Title IX Coordinator or their designee: Review all requests for accommodations and engage in interactive process to approve, deny or modify requests for accommodations.

Appeal Officer: Review all appeals and determine if the appeal does or does not raise sufficient grounds for appeal.