Pregnancy at OTC

Please complete the Pregnant & New Parent online referral. This will allow us to generate an Education Plan to share with instructors. The Education Plan is used as a tool to outline general services instructors can make for pregnant and parenting students. Plans may be modified for specific health conditions, and the Disability Support Services office may be consulted in certain situations.

Reasonable requests may include, but are not limited to:

• Providing accommodations requested by a pregnant student to protect the health and safety of the student and/or the pregnancy (such as allowing the student to maintain a safe distance from hazardous substances)
• Making modifications to the physical environment (such as accessible seating)
• Providing mobility support
• Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences
• Offering remote learning options
• Excusing medically-necessary absences (must be granted, irrespective of classroom attendance requirements set by a faculty member, department, division or the College)
• Granting leave or implementing incomplete grades for classes that will be resumed at a future date
• Allowing breastfeeding students reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible; OTC provides lactation rooms at each OTC location
• Allowing frequent restroom breaks as necessary

Nothing in this policy requires modification to the essential elements of any academic program. Pregnant students cannot be channeled into an alternative program or school against their wishes.

Pregnant students can experience a broad range of health conditions, and many of these conditions may be covered by the Americans with Disabilities Amendments Act of 2008 (ADAAA/ADA). Some potential pregnancy-related conditions, both common and uncommon, can be found below. Potential accommodations for many of these conditions can be found here.

It may be necessary for a professional from the Disability Support Services (DSS) office to be included in developing an accommodation plan for a pregnant student. Please visit the DSS webpage for more information.

• Caretaking: caring for and providing for the needs of a child.
• Medical Necessity: a determination made by a health care provider (of the student’s choosing) that a certain course of action is in the patient’s best health interests.
• Parenting: the raising of a child by the child’s parents in the reasonably immediate postpartum period.
• Pregnancy and Pregnancy-Related Conditions: include (but are not limited to) pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions.
• Pregnancy Discrimination: includes treating an individual affected by pregnancy or a pregnancy-related condition less favorably than similar individuals not so affected, and includes a failure to provide legally mandated leave or accommodations.
• Pregnant Student/Birth-Parent: refers to the student who is or was pregnant. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.
• Reasonable Accommodations: (for the purposes of this policy) changes in the academic environment or typical operations that enables pregnant students or students with pregnancy-related conditions to continue to pursue their studies and enjoy the equal benefits of OTC.

A student who is, or becomes, pregnant is strongly encouraged to notify their faculty, and support personnel in the Title IX office as soon as possible. By doing so, the student and the College can collaborate and develop an appropriate plan for the continuation of the student’s educational progression, as well as particular challenges the student may face while pregnant or recovering from childbirth (e.g. missed classes, make-up work, etc.).

However, the choice to declare a pregnancy is voluntary, and a student is not required to disclose this information to the College.

Ozarks Technical Community College is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex. 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.

OTC will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same course catalog that was in place when the leave began. The Title IX Coordinator has the authority to determine that such accommodations are necessary and appropriate, and to inform faculty members of the need to adjust academic parameters accordingly.

As with disability accommodations, information about pregnant students’ status will be shared with faculty and staff only to the extent necessary to provide the reasonable accommodation. Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary. Administrative responsibility for these accommodations lies with the Title IX Coordinator, who will maintain all appropriate documentation related to accommodations.

In situations such as clinical rotations, performances, labs, and group work, the institution 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.

• OTC and its faculty, staff, and other employees will not require students to limit their studies as the result of pregnancy or pregnancy-related conditions.
• The benefits and services provided to students affected by pregnancy will be no less than those provided to students with temporary medical conditions.
• Students with pregnancy-related disabilities, like any student with a short-term or temporary disability, are entitled to reasonable accommodations so that they will not be disadvantaged in their courses of study or research, and may seek assistance from the Title IX office.
• No artificial deadlines or time limitations will be imposed on requests for accommodations, but OTC is limited in its ability to impact or implement accommodations retroactively.

Reasonable modifications may include, but are not limited to:

• Providing academic modifications requested by a pregnant student to protect the health and safety of the student and/or the pregnancy (such as allowing the student to maintain a safe distance from hazardous substances)
• Making modifications to the physical environment (such as accessible seating)
• Providing mobility support
• Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences
• Offering remote learning options
• Excusing medically-necessary absences (this must be granted, irrespective of classroom attendance requirements set by a faculty member, department, or division)
• Granting leave per [School’s] medical leave policy or implementing incomplete grades for classes that will be resumed at a future date
• Allowing breastfeeding students reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible. Bathroom stalls do not satisfy this requirement.

Nothing in this policy requires modification to the essential elements of any academic program. Pregnant students cannot be channeled into an alternative program or school against their wishes.

• As long as students can maintain appropriate academic progress, faculty, staff, or other OTC employees will not require them to take a leave of absence, or withdraw from or limit their studies as the result of pregnancy, childbirth, or related conditions, but nothing in this policy requires modification of the essential elements of any academic program.
• Enrolled students may elect to take a leave of absence for up to two (2) weeks because of pregnancy 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 taking a leave of absence under this policy will provide notice of the intent to take leave 30 calendar days prior to the initiation of leave, or as soon as practicable.
• Intermittent leave may be taken with the advance approval of the Title IX office and students’ academic department(s), when medically necessary.
• To the extent possible, OTC will take reasonable steps to ensure that upon return from leave, students will be reinstated to their program in the same status as when the leave began.
• Continuation of students’ scholarship, or similar OTC-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 OTC- supported funding by exercising their rights under this policy.
• The Title IX office can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question.

• OTC employees will not require new parents to take a leave of absence, or withdraw from or limit their studies as the result of pregnancy, childbirth, or related conditions.
• Enrolled students may elect to take a leave of absence for up to two (2) weeks because of pregnancy and/or the birth, adoption, or placement of a child. The leave may be extended in the case of extenuating circumstances or medical necessity.
• Intermittent leave may be taken with the approval of the Title IX office and students’ academic department(s), when medically necessary.
• To the extent possible, OTC will take reasonable steps to ensure that upon return from leave, students will be reinstated to their program in the same status as when the leave began.
• Continuation of students’ scholarship, or similar OTC-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 OTC- supported funding by exercising their rights under this practice.

• Harassment of any member of OTC community based on sex, gender identity, gender expression, pregnancy, or parental status is prohibited.
• Faculty, staff, and other OTC employees are prohibited from interfering with students’ right to take leave, seek reasonable accommodation, or otherwise exercise their rights under this policy.
• Faculty, staff, and other OTC employees are prohibited from retaliating against students for exercising the rights articulated by this policy, including imposing or threatening to impose negative educational outcomes because students request leave or accommodation, file a complaint, or otherwise exercise their rights under this policy.

Reporting:

Any member of the OTC community may report a violation of this policy to any supervisor, manager, or to the Title IX Coordinator. All OTC employees are mandated reporters and are responsible for promptly forwarding such reports to the Title IX office. The Title IX Coordinator is responsible for overseeing complaints of discrimination involving pregnant and parenting students.

The Title IX Coordinator for OTC is:

Mr.Kevin Luebbering | 417-447-8188 | luebberk@otc.edu

The Title IX Deputy Coordinator for OTC is:

Ms. Ocki Haas | 417-447-2631 | haaso@otc.edu

Complaints may also be filed with the U.S. Department of Education’s Office for Civil Rights at:

Office for Civil Rights (OCR) [Insert Regional Office — The DC office provided as an example] 400 Maryland Avenue, SW Washington, DC 20202-1100 Customer Service Hotline #: (800) 421-3481 Fax: (202) 453-6012 TDD#: (877) 521-2172 Email: OCR@ed.gov Web: www.ed.gov/ocr Complaints may be filed online, using the form available, at www.ed.gov/ocr/complaintintro.html.

Yes. Absences due to pregnancy, childbirth, or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. Depending on the length of the absence and area of instruction, it may be academically necessary for the student to take a leave of absence. Instructors must provide a leave of absence for pregnant students for as long as it is deemed necessary by their medical doctor. Instructors may require a doctor’s note for pregnancy-related absences only if a doctor’s note is required to excuse other medically-related absences.

Additionally, a student may not be penalized for absences known to be due to pregnancy, childbirth, or other related medical conditions. An instructor cannot reduce a pregnant student’s grade because of attendance or participation points that the student missed during excused absences due to her pregnancy-related conditions. The instructor must give the student a reasonable opportunity to earn back the credit missed due to pregnancy.

No. Under Title IX, the College cannot exclude someone from class based on their pregnancy. The College can only require a pregnant student to provide a doctor’s certification of fitness to continue in an education program or activity if the same requirement is imposed on all other students with medical conditions requiring a doctor’s care.

Additionally, pregnant students cannot be excluded from College-related off-campus programs, such as internships, off-campus activities, College-sponsored activities, and other extracurricular activities. An instructor or student organization sponsor cannot require a doctor’s note to show fitness to participate unless it is required for all students in the program.

Yes. You may find more information about lactation rooms and family-friendly resources here. On the Springfield campus, the lactation room is located in ICW 201. Please contact the Title IX office at titleix@otc.edu with any questions.

Absolutely! Please check out our family-friendly resources here.

There is no specified time frame. However, Title IX is specifically intended to provide support for pregnant students and students who have recently given birth, which would not include fathers. This is because the broader purpose of Title IX is the prevention of sex-based discrimination. For new mothers, support extends through the semester of childbirth, and can also go into the semester beyond childbirth–generally ending after the child is several months old. Biological women are capable of becoming pregnant and giving birth; therefore, entitling them to additional protection under the law. However, at OTC, we also work with new fathers for up to two weeks after the birth of the child and as long as the newborn requires medically-necessary ongoing care during the semester of the child’s birth–and, in some cases, the following semester. Whereas, “medically-necessary” implies care that is out of the ordinary.

Yes. Title IX coverage extends to students who have lost their pregnancy–for any reason–and to students who have experienced a false pregnancy.

OTC will not tolerate sex-based harassment, including harassment based on pregnancy and related conditions. If a pregnant student experiences harassment based on her pregnancy, she should let the Title IX Office know immediately. If a faculty or staff member witnesses or learns about harassment of a pregnant student, they should immediately notify the Title IX Office so that it can take prompt and effective steps to end pregnancy-related harassment, prevent its recurrence, and eliminate any hostile environment created by the harassment. The same grievance procedures applicable to complaints of sexual misconduct also apply to discrimination based on pregnancy or parental status.

Title IX prohibits a school’s retaliation against an individual for filing a complaint or raising concerns about the rights of a pregnant and parenting student.