Pregnancy and Related Medical Conditions
Pregnancy is consistently the most common family-related reason given by female students for dropping out of school. Title IX regulations specifically prohibit discrimination against students based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.
Under Title IX, it is illegal for schools to exclude a pregnant student from participating in any part of an educational program… The school will not presume that a pregnant student is unable to attend school or participate in activities, but may require the student obtain doctor’s permission before participating in certain activities.
Additionally, a school must excuse a student’s absence for pregnancy, childbirth, or any related condition (those listed above) for as long as the student’s doctor deems medically necessary. The student must also have the opportunity to make up any missed work, including extra credit or attendance points. It’s important to note that the period of “medically necessary” only applies to the health and medical needs of the student.
Recruitment, Admissions, and Counseling
Title IX prohibits recipient institutions from discriminating on the basis of sex in the recruitment or admissions of students. Many fields of study, particularly STEM (science, technology, engineering, and math) fields, continue to be affected by disproportionate enrollment of students based on sex. While disproportionate enrollment is not itself indicative of sex discrimination, students and employees are encouraged to bring any concerns about discriminatory practices in recruitment, admissions, or counseling to the attention of the Director of Educational Equity and Title IX Coordinator
Athletics
Institutions must provide equitable athletic opportunities for members of both sexes and effectively accommodate students’ athletic interests and abilities. The Office for Civil Rights uses a three-part test to determine whether an institution is in compliance with Title IX regulations with regards to athletic opportunities. The test provides the following three compliance options:
- Whether participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments; or
- Where the members of one sex have been and are underrepresented among athletes, whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of the members of that sex; or
- Where the members of one sex are underrepresented among athletes, and the institution cannot show a history and continuing practice of program expansion, as described above, whether it can be demonstrated that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.
These three options allow institutions to maintain flexibility over their athletics programs consistent with Title IX’s nondiscrimination requirements.
Retaliation
A recipient cannot retaliate against an individual, including a Title IX Coordinator, for the purpose of interfering with any right or privilege secured by Title IX. Retaliation against an individual because they filed a complaint alleging a violation of Title IX; participated in a Title IX investigation, hearing, or proceeding; or advocated for the Title IX rights of others is also prohibited.
For more information about prohibited retaliation, please review: