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Handbook of Operating Procedures
  • Policy Process

    • Handbook of Operating Procedures
    Chapter 5 - Students
    Publication Date: 01-14-2024
    Policy Reviewed Date: 01-14-2024
    Policy Owner: President


    5.21 Student Pregnancy and Parenting Nondiscrimination Policy

    I. POLICY STATEMENT

    The University of Texas at San Antonio (the University) is committed to maintaining a learning environment free from all kinds of unlawful discrimination. This policy’s focus is the prohibition of discrimination against pregnant and parenting students.

    II. RATIONALE

    1. Potential violations of this Policy will be processed in accordance with University’s Nondiscrimination Policy HOP 9.01 and are subject to potential disciplinary action. Reasonable accommodations will be provided as may be deemed appropriate.
    2. Retaliation against pregnant or parenting students for engaging in protected activity is also prohibited and subject to disciplinary action, in accordance with University’s Nondiscrimination Policy HOP 9.01
    3. For more information and reporting options, including filing a discrimination or retaliation complaint, visit File a Report Equal Opportunity Services and Title IX Office UTSA University of Texas at San Antonio

    III. SCOPE

    1. This Policy applies to all University administrators, faculty, staff, students, third parties within the University’s control, and applicants for admission.
    2. Furthermore, the University may not require a pregnant or parenting student, solely because of the student’s status as a pregnant or parenting student or due to issues related to the student’s pregnancy or parenting, to:
      1. Take a leave of absence or withdraw from the student’s degree or certificate program;
      2. Limit the student’s studies;
      3. Participate in an alternative program;
      4. Change the student’s major, degree, or certification program; or
      5. Refrain from joining or cease participating in any course, activity, or program at the institution.

    IV. WEBSITE ADDRESS FOR THIS POLICY

    http://www.utsa.edu/hop/chapter5/5.21.html

    V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

    1. Federal Statutes
      1. Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 and its implementing regulations, 34 C.F.R. Part 106
      2. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
      3. Americans with Disabilities Act (ADA) of 1990 and 2008 amendments, 42 U.S.C. § 12101 et seq.
      4. Americans with Disabilities Act Title II Regulations
      5. FERPA Regulations, 34 C.F.R. Part 99  
    2. State Statutes
      1. Texas Education Code, Chapter 51, Subchapter Z: Protections for Pregnant and Parenting Students §51.982
      2. Texas Education Code, Chapter 51, Subchapter Z: Early Registration for Parenting Students §51.983
      3. Texas Education Code, Chapter 51, Subchapter Z: Designation for Liaison Officer to Assist Students Who are Parents; Report §51.9357
    3. UTSA HOP Policies
      1. HOP 9.01 Nondiscrimination policy
      2. HOP 9.02 Persons with Disabilities policy
      3. HOP 9.24 Sexual Harassment and Sexual Misconduct policy
      4. HOP 5.01 Student’s Rights under the Family Educational Rights and Privacy Act
      5. HOP 4.20 Authorized Leave (Employees)
      6. HOP 5.09 Class Attendance and Participation
      7. HOP 3.03 Discipline and Dismissal of Classified Employees
      8. HOP 2.13 Termination and Nonreappointment of a Tenured or Tenure-Track Faculty Member
      9. HOP 2.46 Faculty Rights and Responsibilities

    VI. CONTACTS

    If you have any questions about this HOP 5.21 Student Pregnancy and Parenting Nondiscrimination Policy contact the following office(s):, contact the following offices:

    1. For Student Pregnancy Accommodations and Pregnancy Discrimination Contact:
      EOS Opportunity Services/Title IX Office
      eos.office@utsa.edu
    2. For Parenting Student Questions Contact:
      Parent Student Liaison in Student Assistance Services
      studentassistance@utsa.edu
    3. For Early Registration for Pregnant and Parenting Students Contact:
      One Stop
      onestop@utsa.edu

    VII. DEFINITIONS

    1. Leave of Absence. A period of time when a student is not enrolled in classes but is eligible to reenroll in the future. A leave of absence, for the purpose of this Policy, is also known as an academic withdrawal.
    2. Parenting Discrimination. Occurs when an individual is treated less favorably on the basis of that person’s parental status.
    3. Parenting Student. A student who is the parent or legal guardian of a child under 18 years of age. 
    4. Pregnancy Discrimination. Occurs when an individual is treated less favorably on the basis of that person’s pregnancy or pregnancy-related condition. Pregnancy discrimination is a form of sex discrimination.
    5. Pregnancy or Related Condition
      1. Pregnancy, childbirth, miscarriage, or lactation;
      2. Medical conditions related to pregnancy, childbirth, pregnancy complications, miscarriage, lactation, or any other conditions directly related to being pregnant;
      3. Recovery from pregnancy, childbirth, lactation, or their related medical conditions directly related to pregnancy or the effects thereof.
    6. Pregnant Student: A student who has a pregnancy or related condition status.
    7. Student: An individual, regardless of age, who is or who has been in attendance at the University. It does not include persons who have been admitted but did not attend to the University, HOP 5.01.

    VIII. RESPONSIBILITIES

    1. Reasonable Accommodations for Pregnant Students.
      1. Reasonable Accommodations. The University will offer reasonable accommodations to pregnant students, in accordance with state and federal laws and regulations. Accommodation requests are voluntary and involve an individualized, interactive process where both the institution and the student engage in a good faith discussion based on the student’s specific needs with the goal of identifying reasonable options for accommodations. Accommodations that constitute undue hardship are not reasonable.
      2. Reasonable accommodations for pregnant students may include but are not limited to:
        1. Excused absences with the availability to make up missed assignments or coursework;
        2. Additional time to complete assignments (applied in the same manner as ADA/504 accommodations for additional time on assignments or tests, with required documentation);
        3. Allowing the student to maintain a safe distance from substances, areas, and activities known to be hazardous to pregnant students or unborn children;
        4. Access to instructional materials and video recordings of lectures (if available) for classes due to excused absences due to pregnancy or related conditions (applied in the same manner as any other student with excused absences); and
        5. Any other accommodations deemed reasonable, based on the student’s individual needs.
      3. Documentation Required. Documentation may be required for excused absences under this Policy, as deemed “medically necessary” based on a pregnancy or pregnancy-related condition.
      4. Contact Information. To request an accommodation, contact the EOS office or visit https://www.utsa.edu/eos/title-ix/pregnancy-accommodations.html.
    2. Leave of Absence for Pregnant and Parenting Students.
      1. Leave of Absence. The University will allow pregnant and parenting students to take a leave of absence, as defined in this Policy, for a reasonable duration depending on the circumstances. In addition, if the pregnant or parenting student is in good academic standing at the time of the leave of absence, the student may return to the same degree or certificate program in good academic standing without being required to reapply for admission. In such an instance where a student takes a leave of absence, the student may reenroll within the appropriate timeframe which will be determined on a case-by-case basis.
      2. Documentation Required. Documentation may be required for a leave of absence request under this Policy, which verifies the pregnant or parenting student status.
      3. Contact Information. To apply for a leave of absence, contact the appropriate representative for the College or Program Department in which you are requesting the leave of absence.
    3. Confidentiality.
      1. The University will maintain the confidentiality of student records and documentation to the extent possible under state and federal law.
    4. Additional Parenting Student Services.
      1. Early Registration. Parenting students are eligible for early registration for courses to the extent others have access to early registration of those same courses. For more information, contact One Stop, onestop@utsa.edu, 210-458-8000
      2. Parenting Student Liaison. Current and incoming parenting students have access to a University Parenting Student Liaison, who provides parenting students information regarding support services and other available resources. For more information, contact Student Assistance Services, studentassistance@utsa.edu , 210-458-4985.

    IX. PROCEDURES

    None

    X. SPECIAL INSTRUCTIONS FOR IMPLEMENTATION

    None

    XI. FORMS AND TOOLS/ONLINE PROCESSES

    None

    XII. APPENDIX

    None

    XIII. Dates Approved/Amended

    01-14-2024