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Office of Compliance and Civil Rights (Title IX and DHR)

Title IX Pregnancy and Parenting

What are Title IX Pregnancy and Parenting Modifications?

Title IX is a pivotal section of the Education Amendments of 1972, a federal law designed to protect students, employees, and third parties within educational institutions from sex-based discrimination. This law ensures that all memebers of a campus community can learn and work in an environment free from discrimination and harassment based on sex or gender. Importantly, Title IX protections extend to individuals across the enitre gender specturm, not just those who identify as female.

How Does Title IX Protect Pregnant Students?

Title IX's prohibition against sex discrimination includes protections against discrimination based on pregnancy and related conditions. This ensures equal access to education and the protections against discrimination encompass:

  • Pregnancy and pregnancy-related illnesses (e.g., excessive morning sickness, fatigue, nausea, prenatal depression)
  • Childbirth and recovery from childbirth
  • Miscarriage
  • Abortion
  • IVF Treatments
  • Lactation and lactation related conditions (e.g., mastitis)
  • Treatment for postpartum or postnatal depression

Note: This definition does not cover non-birthing parents, partners of pregnant students, parents in the adoption process, or those using a surrogate. While other laws, such as FMLA, may offer protections for employee-parents, these specific Title IX regulations focus exclusively on pregnancy and related conditions.

As a pregnant student, Title IX guarantees your right to:

  • Remain in school and continue your academic program
  • Stay enrolled in your current classes and participate in extracurricular activities
  • Voluntarily access separate and comparable programs if desired
  • Receive reasonable adjustments or modifciations to your learning environment
  • Have pregnancy-related absences excused
  • Take a voluntary leave of absence for as long as medically necessary
  • Access a private lactation space
  • Learn in an environment free from discrimination based on your parental status
  • Be informed of your rights under Title IX

Pregnant students are entitled to reasonable modifications to their learning environment to continue their academic progress. These modifications are based on the student's individualized needs and should not fundamentally alter the nature of the education program or activity.

Examples of reasonable modifications include:

  • Breaks during class for pregnancy-related health needs
  • Excused absences for medical appointments
  • Access to online or remote educational programs
  • Adjustments to schedules or course sequences
  • Extensions on coursework
  • Rescheduling tests and exams
  • Permission to sit or stand as needed
  • Availability of water
  • Counseling services
  • Adjustments to physical space or supplies, such as larger desks or footrests
  • Elevator access
  • Provision of protective gear in specific settings (e.g., science labs)
  • Other necessary changes to school policies, practices, or procedures

Starting August 1, 2024, new Title IX regulations require that if you inform a campus employee that you are pregnant or have a pregnancy-related condition, they must provide you with the contact information for the campus Title IX Coordinator. The Title IX Coordinator will inform you of your rights and assist you in accessing the support you need. It is your choice whether to meet with the Title IX Coordinator or review any available information.

To request a Title IX Adjustment or Modification, please submit a request by clicking here.

Nursing Mothers and Lactation Accommodations

California State University, Fresno recognizes the importance and benefits of nursing and lactation support for mothers and their newborn and young infants. The university is committed to providing faculty, staff and students who are nursing mothers with reasonable breaks and clean and functional lactation stations. 

Lactation rooms are comfortable, private spaces provided by Fresno State to mothers for the purpose of expressing milk. Each lactation station contains a comfortable chair, access to electricity, and a table. Some stations are in a private room connected to a restoom lounge. 

Mothers expressing milk are expected to make their own arrangements for refrigeration, including sealed containers and proper storage. 

Employees and Students Expressing Milk

A Fresno State manager is required to grant a nursing employee a reasonable amount of break time to express milk as often as she requires. Managers are not required to authorize compensation to a nonexempt employee for time needed to travel to and from the lactation station and to express milk. However, if an employee expresses milk during a period covered by a rest break, the break to express milk shall be compensated up to the time allocable to the break. To the extent authorized by the employee’s governing collective bargaining agreement and wage and hour laws, a manager may reschedule rest and meal breaks to accommodate the employee’s need to express milk. Exempt employees will not suffer a loss in pay due to the need to take a work break to express milk.

Employee Break Time Regulations for Nursing Mothers

 

New mothers are afforded reasonable break periods during Fresno State programs or activities, including classes, to express milk or nurse as needed without penalty. Please read more about the Rights for Parenting & Pregnant Fresno State Students. 

Lactation Stations Around Campus

Engineering East Building

Engineering East Building

Location: First Floor, Room 114

Hours: Monday-Friday
             8 am - 5 pm

Access: Contact Human Resources
               (559) 278-2032

Notes: 1 occupant capacity

(Click Here for the Campus Map)
Family & Food Sciences Building

Family & Food Sciences Building

Location: Third Floor, Women's Lounge

Hours: Monday-Friday
             7 am - 10 pm

Access: No key required

Notes: 1 occupant capacity

(Click Here for the Campus Map)
Frank W. Thomas Building

Frank W. Thomas Building

Location: Women's Restroom

Hours: Monday-Friday
             8 am - 5 pm

Access: Contact Human Resources
               (559) 278-2032

Notes: 1 occupant capacity

(Click Here for the Campus Map)
Joyal Administration Building

Joyal Administration

Location: Second Floor, Room next to Women's Lounge

Hours: Monday-Friday               
             8 am - 5 pm

Access: Contact Human Resources
               (559) 278-2032

Notes: 1 occupant capacity

(Click Here for the Campus Map)
Kremen School Building

Kremen School Building

Location: The Atrium Lower Floor, Room 34

Hours: Monday-Friday         
             7 am - 7 pm

Access: Contact Human Resources
               (559) 278-2032

Notes: 1 occupant capacity

(Click Here for the Campus Map)
Library location

Library

Location: Third Floor, Room 3216

Hours: Monday-Sunday;
             Library Hours

Freezer: Ice packs are available

Access: Contact Human Resources
               (559) 278-2032

Notes: 1 occupant capacity

(Click Here for the Campus Map)
University Student Union Building

University Student Union

Location: Third Floor, Women's Lounge

Hours: Monday-Sunday           
             7 am - Midnight

Access: No key required

Notes: 1 occupant capacity

(Click Here for the Campus Map)
Resnick Student Union

Resnick Student Union

Location: Second Floor, Room 211

Hours: Monday-Friday            
             7 am - 10 pm

Access: TBD

Notes: 1 occupant capacity

(Click Here for the Campus Map)

 

 

 

Student Pregnancy Modification Request Form

Leave of Absence Request

Report an Allegation of Discrimination based on Gender/Sex

Title IX requires professors and administrators treat pregnancy, childbirth and related conditions in the same manner and under the same policies as any other temporary disability. The university can require a pregnant student to provide a doctor’s certification of fitness to continue in an education program or activity only if the same requirement is imposed on all other students with physical or emotional conditions requiring a doctor’s care. Pregnant students must be provided the same accommodations and support services available to other students with similar medical needs. Your professors or administrators should not tell you that you have to drop out of your classes or academic program or change your educational plans due to your pregnancy. If you have a concern regarding your status as a pregnant or parenting student at Fresno State, please contact the Title IX Coordinator. Fill out the Student Pregnancy Accommodation Request form  to request accommodations and/or resources available to you. 

Absences due to pregnancy, childbirth or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. Your professors must provide you a leave of absence for as long as it is deemed necessary by your medical doctor. At the end of your leave, you must be reinstated to the status you held prior to your leave. After returning from an excused absence, your professors must allow a reasonable amount of time to make up missed assignments and tests. The makeup assignments and tests must be reasonably equivalent to those missed, but need not be identical. If a professor provides specific “points” or other advantages to students based on class attendance, you must be given the opportunity to earn back the credit from classes missed due to pregnancy. Under Title IX, pregnant students are entitled to the same benefits offered to students with other medical conditions, illness or injury. 

While your professor may have a strict attendance policy, the university is bound by federal civil rights law. Title IX requires the university ensure that all faculty and staff comply with the law and do not discriminate against pregnant and parenting students. An individual professor’s policy is not OK if it breaks the law. Please contact the Title IX Coordinator if you have questions about your professor’s attendance policy as it relates to your pregnancy.

Title IX requires the university provide pregnant students with any special services we provide to students with any other type of temporary disabilities. You may complete the Student Pregnancy Modification Request form or visit the Services for Students with Disabilities office in the Library Suite 1202, on the south wing of the first floor. Pregnant students may seek parking accommodations by contacting Services for Students with Disabilities.

No. Your program must allow you to continue participating in off-campus programs. If your program provides opportunities to “work in the field,” you cannot be excluded based on your pregnancy. Your professor cannot require a doctor’s note for continued participation unless your professor requires one for all students who have a medical condition that requires treatment by a doctor. If they do ask for a note, they cannot second-guess your doctor’s decision.

Title IX requires the university to prevent and address sex-based harassment, including harassment based on pregnancy. If you experience this sort of treatment, you should seek help immediately. The law prohibits anyone from retaliating against you for filing a complaint or raising a concern.  You may file a concern directly with the Title IX Coordinator by completing this form.

Please submit the Student Pregnancy Accommodation Request form for additional information regarding absences due to pregnancy, childbirth or related medical conditions, as they must be excused for as long as it is deemed necessary by your medical doctor.  If you want to take off more time than your doctor says is medically necessary, please contact your Academic Advisor to learn more about filing a leave of absence request.

Fresno State will reasonably accommodate pregnant graduate students so they may complete their graduate courses, as provided by Assembly Bill 809.  Graduate students should contact their department advisor or the Title IX Coordinator for additional information.

When a student discloses pregnancy or a related condition, Fresno State employees must:

  • Provide the student with the Title IX Coordinator's contact information.
  • Inform the student that the Title IX Coordinator can coordinate actions to prevent sex discrimination and ensure equal access to university programs.

Employees are not required to report the student's pregnancy to the Title IX Coordinator. By providing this information, students are empowered to choose wheter to seek reasonable modifications, voluntary leave, or access to a lactation space, helping prevent disruptions to their education.

Pregnant students are entitled to reasonable modifications to their learning environment to continue their academic progress. These modifications are based on the student's individualized needs and should not funamentally alter the nature of the education program or activity.

Examples of reasonable modifications include:

  • Breaks during class for pregnancy-related health needs
  • Excused absences for medical appointments
  • Access to online or remote educational programs
  • Adjustments to schedules or course sequences
  • Extensions on coursework
  • Rescheduling tests and exams
  • Permission to sit or stand as needed
  • Availability of water
  • Counseling services
  • Adjustments to physical space or supplies, such as larger desks or footrests
  • Elevator access
  • Provision of protective gear in specific settings (e.g., science labs)
  • Other necessary changes to school policies, practices, or procedures

Interim CSU Nondiscrimination Policy

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