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Student Pregnancy or Related Conditions

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  1. POLICY

    Salt Lake Community College prohibits discrimination based on sex, as mandated by Title IX of the Education Amendments of 1972. Consistent with college policy and applicable law, the college will not exclude a student from participating in any part of an educational program or activity based on the student's pregnancy or a related condition. In meeting these obligations, the college will provide reasonable accommodations to students who are pregnant or have a related condition, including partners, spouses, and/or adoptive or foster care placements. These protections extend to students in college admissions, educational programs or activities, and extracurricular activities operated by the college.

  2. REFERENCES
    1. Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101 et seq. (1990).
    2. Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681–1688.
    3. Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. §§ 106.1–106.71.
    4. Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. 160.
    5. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.
    6. Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, 29 U.S.C. § 218d.
    7. Pregnancy Discrimination Act of 1978 (PDA), 42 U.S.C. § 2000e(k).
    8. Family and Medical Leave Act (FMLA), 29 C.F.R. § 825.
    9. Breastfeeding Location and Conduct, Utah Code Ann. § 13-7a-102.
    10. Reasonable Breaks and Private Room Required, Utah Code Ann. § 34-49-202.
  3. DEFINITIONS
    1. Absence: tardiness, nonattendance, or a break from a class for a student’s pregnancy or pregnancy-related condition.
    2. Discrimination: treating someone differently, i.e., disadvantaging the individual, on the basis of pregnancy or related conditions that: 1. Adversely affects a term or condition of a student’s employment, education, or participation in a college education program or activity; or 2. is used as the basis for or a factor in a decision affecting a student’s employment, education, or other participation in a college education or activity.
    3. Interactive Process: a collaborative exchange of information, requests, and potential accommodations through which a qualified individual with a disability and the Office of Accessibility & Disability (ADS) better understand the precise limitations created by the disability and which reasonable accommodations may enable a student to perform essential requirements and otherwise access the programs, activities, and facilities available to other qualified students. The interactive nature of this process emphasizes open communication, flexibility, and a case-by-case approach to finding reasonable and effective solutions tailored to the individual’s needs while considering the constraints and requirements of the situation.
    4. Lactation: expressing breast milk or breastfeeding.
    5. Pregnancy or Related Conditions: pregnancy, childbirth, false pregnancy, termination or loss of pregnancy, lactation, or any medical condition or period of recovery related to pregnancy or childbirth.
    6. Reasonable Accommodation: a modification, adjustment, or change made in the policy, practice, environment, or procedure to provide individuals with a pregnancy or a related condition, or a disability, equal access to opportunities and enable their participation in programs, courses, services, or activities. These accommodations are tailored to address barriers posed by the pregnancy or a related condition, or disability, while ensuring that essential core elements of a program or service remain intact. These accommodations aim to mitigate the impact of the condition or disability and do not cause a fundamental alteration or undue hardship.
    7. Retaliation: any form of sanction or adverse treatment of a person that is intended to restrain, or has the effect of restraining that person from any college program or activity, because the person made a sexual harassment complaint, or participated in any way in a sexual harassment investigation.
  4. PROCEDURES
    1. Disclosure of Pregnancy or Related Conditions
      1. Students are not required to disclose a pregnancy or related condition to any employee of the college.
      2. Students may voluntarily choose to share information about a pregnancy or a related condition with college employees and may request reasonable accommodations related to that condition.
      3. The college will not provide accommodations based on assumptions, observations of physical characteristics, rumors, or information from a third party who does not have a legal right to act on the student’s behalf.
    2. Employee Responsibilities
      1. When a student, or a person who has a legal right to act on behalf of the student, informs a college employee, including faculty members, about a pregnancy or related condition and requests an accommodation, the employee must:
        1. provide the individual with the contact information for the Office of Accessibility & Disability Services (ADS);
        2. inform the individual that ADS can coordinate reasonable accommodations and/or academic adjustments related to a pregnancy or related condition; and
        3. if the individual reports discrimination based on a pregnancy or related condition, provide the student with the Title IX coordinator’s contact information and explain that the coordinator can help address concerns about discrimination or retaliation.
      2. Employees must not promise, approve, deny, or informally provide accommodations related to pregnancy or a related condition on their own.
      3. Employees must limit any sharing of information about a student’s pregnancy or a related condition and any related accommodation requests to what is necessary to arrange, assess, and implement the reasonable accommodations.
    3. Accommodation Request
      1. Students requesting an accommodation or academic adjustment based on pregnancy or a related condition must contact ADS or submit a Pregnancy Accommodation Request Form.
      2. Interactive Process
        1. Once a student requests an accommodation based on pregnancy or a related condition, ADS staff will promptly engage in an interactive process with the student, as described in the Student ADA Access and Reasonable Accommodations Policy.
        2. Through the interactive process, ADS staff will review the accommodation request and any supporting documentation, engage with the student and faculty or staff member responsible for implementing the accommodation, and determine reasonable accommodations on a case-by-case basis.
      3. Supporting Documentation
        1. ADS staff may only request supporting documentation from a student when it is reasonable and necessary under the circumstances to determine which reasonable accommodations to offer or to determine specific actions to take to ensure equal access.
        2. ADS staff generally should not require supporting documentation for adjustments related to a pregnancy or a related condition when:
          1. the student has previously provided sufficient supporting documentation;
          2. the reasonable accommodation is allowing the 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;
          3. the student has lactation needs; or
          4. the requested reasonable accommodation is available to students for reasons other than pregnancy or a related condition without submitting supporting documentation.
      4. Reasonable Accommodation Determination
        1. Procedure
          1. The ADS staff member’s determination of a reasonable accommodation must be provided in writing and specify the reasonable accommodations being provided to the student;
          2. The written letter of accommodation must be provided to the student and the member of faculty and/or staff responsible for implementing the determination; and
          3. The faculty or staff member who receives the letter of accommodation is responsible for the timely implementation of the determination.
        2. A student can choose to accept or decline any reasonable accommodation offered.
        3. ADS staff may deny a request for an accommodation or academic/financial aid adjustment if, after engaging in the interactive process, no reasonable accommodation can be identified.
        4. See the ADS website for additional information.
      5. Reasonable Accommodations
        1. Reasonable accommodations may include, but are not limited to:
          1. breaks during class to express milk, breastfeed, or attend to health needs associated with a pregnancy or related condition, including eating, drinking, or using the restroom;
          2. intermittent absences to attend medical appointments;
          3. access to online or homebound education;
          4. changes in schedule or course sequence;
          5. time extensions for coursework and rescheduling of tests and examinations;
          6. allowing a student to sit or stand, or carry or keep water nearby;
          7. elevator access;
          8. a larger uniform or other required clothing or equipment; or
          9. other reasonable changes to policies, practices, or procedures.
        2. Not all reasonable accommodations are appropriate for all contexts.
        3. Reasonable accommodations may be adjusted over time based on the student’s needs and the academic requirements of the course or program.
      6. Appeal of Reasonable Accommodation Determination
        1. A student who disagrees with a reasonable accommodation determination may choose to contact the ADS director to attempt to resolve the concern informally.
        2. A student who wishes to appeal a reasonable accommodation determination must use the appeal process detailed in the Student ADA Access and Reasonable Accommodations Policy.
    4. Voluntary Leave of Absence and Return
      1. A student may take a voluntary leave of absence and/or a registration appeal, such as withdrawal, incomplete, deferral, or other approved changes, from the college’s programs and activities to cover, at a minimum, the period of time deemed medically necessary by the student’s medical provider.
      2. Before changing enrollment, students are strongly encouraged to talk with an academic advisor, ADS, the Office of Financial Aid & Scholarships, the dean of students, and, if applicable, International Student Services to understand whether reasonable accommodations or academic adjustments could allow them to remain enrolled and how any enrollment change may affect financial aid, scholarships, veterans’ benefits, immigration status, or other benefits that depend on enrollment.
      3. When a student returns from a leave of absence for pregnancy or a related condition, the college must, to the extent practicable and consistent with other college policies and program requirements, allow the student to resume the same academic and extracurricular status the student held when leave began.
    5. Lactation Space for Students
      1. The college must provide reasonable access to designated spaces on its campuses where students with lactation needs arising from pregnancy or a related condition can breastfeed or express milk in a clean and private setting while on campus.
      2. Current information about campus lactation spaces, including locations and hours, is available on the college’s Lactation webpage.
    6. Grievance Procedures for Pregnancy Discrimination
      1. If the student believes they have been discriminated against or prevented from participating in a college program or activity because of pregnancy or a related condition, the student may:
        1. submit an online reporting form; or
        2. consult with the Title IX coordinator in person, by mail, telephone, email, or virtually to discuss whether to file a formal complaint.
          Title IX Coordinator
          Cindy Cole
          4600 S Redwood Rd.
          Academic and Administration Building, Suite 201
          Salt Lake City, UT 84123
          (801) 957-4561
          titleIX@slcc.edu
      2. Filing of Formal Complaint
        1. The formal complaint must state sufficient facts alleging that:
          1. the student has been discriminated against or denied an accommodation request due to pregnancy or a related condition; and
          2. as a result, the student has been excluded from, denied access to, or otherwise limited in their ability to participate in or benefit from an educational program or activity.
        2. The complaint must be made within sixty days after the alleged discriminatory act.
        3. Upon receipt of the complaint, the Title IX coordinator must meet with the complainant and ADS representative within seven calendar days and discuss the complaint, possible resolutions of the complaint, and availability of supportive measures.
        4. After completion of this interview, the Title IX coordinator or designee will consult with the ADS director and legal counsel to determine if the formal complaint warrants an investigation. If the director determines that the complaint does not warrant a formal investigation, the Title IX coordinator may suggest mediation to the parties.
      3. Investigation
        1. If the complaint sets forth a legally sufficient claim of discrimination, the Title IX coordinator will direct that an investigation of the complaint be conducted and will assign an investigator.
        2. A complaint sets forth a legally sufficient claim of discrimination when it provides sufficient factual allegations establishing that:
          1. the student is a member of a protected class based on pregnancy or a related condition.
          2. the student has been treated adversely based on their membership in a protected class; and
          3. the student has been discriminated against or excluded from the college’s education program or activity.
        3. The investigator must:
          1. maintain confidentiality to the extent possible;
          2. notify the appropriate level supervisor not involved in the case;
          3. notify the responding party and witnesses of the college’s prohibition of retaliation and interference with the investigation process;
          4. conduct interviews and collect relevant documents;
          5. complete an investigation within 30 calendar days unless the investigators can show good cause for extending the investigation and advise all parties; and
          6. prepare a written investigative report detailing the findings and a determination whether discrimination based on pregnancy or a related condition has occurred.
        4. During the investigative process, the Title IX coordinator or designee must provide all parties with a list of appropriate supportive measures available to them.
        5. Upon completion of the investigative report, the investigator will deliver the written report to the dean of students, the complainant, the involved staff or faculty, and the ADS director.
        6. If the investigator determines that the denial of the requested accommodation constituted a denial of the student’s Title IX rights, the dean of students will provide a written determination addressing:
          1. the appropriate accommodation;
          2. any appropriate supportive measures to be provided to the complainant; and
          3. any other matters deemed appropriate.
        7. If, through the investigative process, violations of the Employee Conduct Policy or other policies are found, such violations will be documented and managed in accordance with the Employee Conduct Policy by the appropriate level supervisor with the assistance of the employee relations director.
        8. The college will use this investigative process for complaints of pregnancy discrimination under this policy.
      4. Appeal of the Formal Complaint Determination
        1. The complainant has five business days from the date of the dean of students’ written determination to file a written appeal for the determination.
        2. The appeal must be submitted to:
          Vice President for Student Affairs
          Redwood Campus Student Center
          (801) 957-4284
          brenda.madore@slcc.edu
        3. The written appeal must state one of the following grounds for the appeal:
          1. the investigation failed to comply with required policies and procedures;
          2. the investigative findings and the college policy do not support the written determination;
          3. the accommodations or supportive measures provided to the complainant are not appropriate under the circumstances; and
          4. there is new evidence that was not reasonably available at the time of the determination.
        4. Upon receiving an appeal, the vice president shall forward the appeal to any other involved party, the ADS director, and the Title IX coordinator, and invite these parties to submit a written response within 7 business days.
        5. On appeal, the vice president may review the dean of students' written determination, the parties’ written statements, the final investigative report, and all evidence collected during the investigation.
        6. Within 20 business days of receipt of the appeal, the vice president will issue a written determination on the appeal.
        7. The vice president’s written decision may:
          (1) affirm or modify the dean of students’ determination;
          (2) remand the matter back to the investigators for further review; or
          (3) overturn the dean of students’ determination in part or in whole.
        8. The vice president’s written decision is final.
        9. The failure to file a timely written request for an appeal is a waiver of the right to an appeal.
      5. Retaliation is Prohibited
        1. The college strictly prohibits retaliation against any person who has made a complaint, assisted with, or participated in an investigation under this policy.
        2. Instances of retaliation will be treated as separate offenses to be thoroughly investigated and addressed (see Title IX Sexual Harassment Policy).
      6. Other Options
        1. Students are encouraged to resolve their concerns through the college’s internal grievance and appeal processes described in this policy.
        2. Students have the right to file a complaint with the U.S. Department of Education to address their concerns:
          U.S. Department of Education–Denver Office
          Office of Civil Rights (OCR)
          Cesar E. Chavez Memorial Building
          1244 Speer Blvd., Suite 310
          Denver, CO 80204-3582
          Telephone: 303-844-5695
          Fax: 303-844-4303
          TDD: 800-877-8339
          Email: OCR.Denver@ed.gov
          Website: OCR Website

Last Revised: October 14, 2026

Last Approved: October 14, 2026

The originator of this policy & procedure is the Title IX coordinator. Questions regarding this policy & procedure may be directed to the originator by calling 801-957-4561.