To: Greg Fant, Associate Vice President and Deputy Provost
Through: Laura Castille, Executive Director of Office of Institutional Equity
From: Annamarie DeLovato, office of Institutional Equity
Date: February 5, 2020
Subject: Faculty Information on working with Pregnant Students
Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., prohibits discrimination on the basis of sex, which includes discrimination on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy (miscarriage/abortion), or related conditions including recovery.
Under Title IX:
Prohibitions: Certain programs may determine that pregnant students, at certain stages in their pregnancy, should not participate due to certain prohibitions (jeopardizing health). Any prohibition should be vetted by the Office of Institutional Equity ("OIE"). If deemed appropriate/compliant with law and policy, the course catalog/syllabus must clearly provide notice to students of the prohibition and reason. If there is a bona fide occupational qualification that prohibits participation by a pregnant student, it cannot be waived; however, all prohibitions need to be carefully considered by OIE for Title IX compliance.
Clinical/Internship Requirements: Must be reviewed on a case-by-case basis to determine if an accommodation can be made such as moving groups around, make-up hours or "Incompletes" with plan for completion.
Breastfeeding/Nursing Students: NM Stat. Ann. Section 28-20-1. A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present. Dedicated breastfeeding spaces are located throughout NMSU and branch campuses. for locations and further information, please see https://sustainability.nmsu.edu/nursing-parent-rooms/. If there is not a location available, please contact OIE.
All pregnant students should be referred to OIE for consultation. additional information, including to request a student pregnancy accommodation, is available at https://equity.nmsu.edu/accomodations/prenancy-2/. If faculty have any questions or concerns, please contact OIE for guidance at 575-646-3635 or at equity@nmsu.edu
Frequently Asked Questions:
Grievance Procedures: NMSU provides grievance procedures for students to file complaints of sex discrimination, including discrimination related to pregnancy or parental status. See NMSU Administrative Rules and Procedures (ARP), Rule 3.25. (01.09.19) located at https://arp.nmsu.edu/3-25/. Complaints may be filed inperson at OIE or online at https://equity.nmsu.edu/report-an-incident/.
All pregnant students should be referred to OIE. Students can request an accommodation/supportive measures by filing a request for a Student Pregnancy Accommodation available at https://equity.nmsu.edu/accommodations/pregnancy/. While a routine pregnancy is not covered by NMSU policies regarding disability accommodations, impairments arising from a pregnancy might be. Such students should be referred to Student Accessibility Services.
References: U.S. Department of Education Dear Colleague Letter, dated June 25, 2013, https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201306-title-ix.html, Supporting the Academic Success or Pregnant and Parenting Students under Title IX of the Education Amendments of 1972, June 2013, https://www2.ed.gov/about/offices/list/ocr/docs/pregnancy.pdf, Know your Rights, https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-title-ix.html.