Corporate Policies and Procedures Administrative and Organizational (AD)

• Familial Status. The configuration of one’s family or one’s role in a family.
• Marital Status. The state of being married or unmarried.
• Parental Status. The status of a person who, with respect to another person who is under the age of 18, is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
• Pregnancy and Related Condition. The full spectrum of processes and events connected with pregnancy, including pregnancy, childbirth, termination of pregnancy, or lactation; related medical conditions; and recovery there from.
• Reasonable Modifications. Individualized modifications to the MCW policies, practices, or procedures that does not fundamentally alter the MCW’s education program or activity.

MCW does not discriminate in its education program or activity against any applicant for admission, student, applicant for employment, or employee on the basis of current, potential, or past pregnancy or related conditions as mandated by Title IX of the Education Amendments of 1972 (Title IX). MCW prohibits members of the MCW community from adopting or implementing any policy, practice, or procedure which treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past Parental Status, Familial Status, or Marital Status. This policy and its protections related to Pregnancy and Related Condition apply regardless of gender identity or expression.

1. Student Pregnancy or Related Conditions

Any MCW employee who becomes aware of an enrolled MCW student’s Pregnancy or Related Condition shall provide the student with the Title IX Coordinator’s contact information and communicate that the Title IX Coordinator can help take specific actions to prevent discrimination and ensure equal access to the MCW’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator is already aware of the Pregnancy or Related condition, the employee is not required to provide the student with the Title IX Coordinator’s contact information.

Upon notification of a student’s Pregnancy or Related Condition, the Title IX Coordinator will contact the student and inform the student of the MCW’s obligations to:

Prohibit sex discrimination.

Provide individualized, reasonable modifications.

Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.

Allow a voluntary leave of absence for, at a minimum, the medically necessary time period and reinstatement upon return.

Ensure clean, private lactation space availability.

Maintain a Resolution Process for alleged discrimination.

Treat pregnancy and pregnancy-related conditions as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

2. Reasonable Modifications for Students

Students who are pregnant or are experiencing Related Conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to the MCW’s education program and activity. Any student seeking Reasonable Modifications must contact the Title IX Coordinator to discuss appropriate and available Reasonable Modifications based on their individual needs. Students are encouraged to request Reasonable Modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable Modifications are voluntary, and a student can accept or decline the offered Reasonable Modifications. Not all Reasonable Modifications are appropriate for all contexts.

Reasonable Modifications may include, for example:

• 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
• Time extensions 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
• A larger uniform or other required clothing or equipment
• Other changes to policies, practices, or procedures determined by the Title IX Coordinator based on the student’s individual needs

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 MCW support systems to devise a plan for how to best address the conditions as Pregnancy or Related Conditions progress, 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.

Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer to determine other specific actions to take to ensure equal access.

Information about a student’s requests for Reasonable Modifications due to Pregnancy or Related Conditions will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable disability accommodations. The Title IX Coordinator will consult with MCW’s ADA Coordinator regarding disability accommodation procedures.

3. Certification to Participate

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity, unless:

1. The certified level of physical ability or health is necessary for participation;
2. The institution requires such certification of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination.

4. Lactation Space Access

MCW provides students and employees with access to clean, private lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others. Lactation spaces are located in the following locations that are viewable by clicking here.

5. Leaves of Absence

1. Students

Students are permitted to take a voluntary leave of absence for a reasonable time as deemed medically necessary by their health care provider because of Pregnancy and Related Conditions 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.

To the extent possible, MCW will take reasonable steps to ensure that students who take a leave of absence or medical leave due to Pregnancy and Related Conditions and/or the birth, adoption, or placement of a child return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent course catalog that was in place when the leave began.

Continuation of students’ scholarship, fellowship, or similar MCW-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, fellowship, or similar MCW-supported funding by exercising their rights under this policy.

In order to initiate a leave of absence due to Pregnancy and Related Conditions and/or the birth, adoption, or placement of a child, the student must contact the Title IX Coordinator at least 30 calendar days prior to the initiation of leave, or as soon as practicable. The Coordinator will assist the student in completing any necessary paperwork.

2. Employees

Information on employment leave can be found here. Click here to view the Paid Parental Time Policy.

If an employee, including a student worker, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for Pregnancy or Related Condition leave under Title IX. Pregnancy and Related Conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.

Employees who take leave under Title IX shall be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

6. Policy Dissemination and Training

A copy of this policy will be made available to faculty and employees in annually required training and posted on the MCW website. MCW will educate all new students about this policy and the location of this policy as part of orientation. The MCW Title IX Office will make educational materials available to all members of the MCW community to promote compliance with this policy and familiarity with its procedures.

This policy was drafted based on the ATIXA Pregnancy and Related Conditions Model Policy.

Prohibiting Sex Discrimination and Sex-Based Harassment (AD.CC.080)
Lactation Support Webpage (MCW credentials required to access)
Title IX Webpage
Paid Parental Time (HR.BN.085) (MCW credentials required to access)

Not Applicable