Pregnancy, Lactation, and Recovery

Pregnancy or Related Conditions at UCSC

Background

• Title IX of the Education Amendments of 1972 provides for equal educational and employment opportunities for students, staff, and faculty who are pregnant or experiencing pregnancy-related conditions.  

• Title IX prohibits educational institutions from discriminating against students and employees based on the following statuses: pregnancy and related conditions, false pregnancy, recovery from related conditions, childbirth, parental, marital, and family status. 

• Students, faculty, and full-time and part-time employees are covered by Title IX’s protections and regulations

Requesting Support

• The Title IX Coordinator has delegated specific duties to specific designees on campus in accordance with the Title IX regulations to appropriately coordinate efforts to comply with Title IX. Please use the links below to determine where to go to receive support if you are a student, staff member, or faculty member at UCSC. 

• The Title IX Coordinator retains ultimate oversight over these responsibilities to ensure consistent compliance with all responsibilities under Title IX. If you are having difficulty receiving timely support and resources or feel you are being discriminated against or harassed on the basis of your status as a pregnant person or due to a pregnancy-related condition, please contact: 

• UCSC will provide individualized support to students, staff, and faculty to ensure full access and participation in education, employment, and university services and programs.  

• If you have a general question about Title IX’s protections regarding pregnancy or related conditions, please email us at titleix@ucsc.edu. 

• Title IX also has the authority to respond to reports of discrimination related to pregnancy and parenting. 

• To report a possible incident of discrimination, you can use this online reporting link or call (831) 459-2462. 

 

Definitions:

1. Pregnancy or related conditions: 

• Pregnancy, childbirth, termination of pregnancy, or lactation;
• Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
• Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

• Related medical conditions include but are not limited to:

Pregnancy-related fatigue, dehydration (or the need for increased water intake), nausea (or morning sickness), increased body temperature, anemia, and bladder dysfunction; gestational diabetes; preeclampsia; hyperemesis gravidarum (i.e., severe nausea and vomiting); pregnancy-induced hypertension (high blood pressure); infertility; recovery from childbirth, miscarriage, or abortion; ectopic pregnancy; prenatal or postpartum depression; and lactation conditions such as swelling or leaking of breast tissue or mastitis. 

• Parental status means:

The status of a person, who with respect to another person who is under the age of 18 or who is 18 or older but incapable of self-care because of a physical or mental disability, is:

• A biological parent; adoptive parent; foster parent; or stepparent;
• A legal custodian or guardian;
• In loco parentis with respect to such person; or
• Actively seeking custody, guardianship, visitation, or adoption of such a person.

• If you feel you are being discriminated against or harassed on any of the above protected statuses, please contact the Equity and Equal Protection Office and make a report. Reporting is a protected activity under the law and UC Policy. The EEP Office will provide you with safety and supportive measures and enable you to participate in a resolution process, should you choose to do so. 

• Retaliation under either the UC Sexual Violence and Sexual Harassment Policy or the UC Anti-Discrimination Policy is strictly prohibited. Retaliation is an adverse action against a person based on their report or other disclosure of alleged Prohibited Conduct to a University employee, or their participation in, refusal to participate in, or assistance with the investigation, reporting, remedial, or disciplinary processes provided for in this Policy. An adverse action is conduct that would discourage a reasonable person from reporting Prohibited Conduct or participating in a process provided for in this Policy, such as threats, intimidation, harassment, discrimination, and coercion. Good faith actions lawfully pursued in response to a report of Prohibited Conduct (such as gathering evidence) are not, without more, retaliation.   

Wayfinding/Where do I go to get help? 

If you are a member of the UCSC Community, you are experiencing pregnancy or related conditions, and you want to receive support, resources, or accommodations, please use the links below:  

• I am a student who needs resources in my education program and/or activities at UCSC because I am pregnant or experiencing pregnancy or related conditions 

• As a student experiencing pregnancy or related conditions at UC Santa Cruz, you are entitled to reasonable modifications to UCSC’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to your education program and other activities you participate in at UCSC. Each reasonable modification must be based on your individualized needs.
  
  
• You will contact the Disability Resource Center (“DRC”) to meet with an Accommodation Advisor or Service Coordinator who will be able to work with you to determine what reasonable modifications you may need based upon your individualized needs. You can set up a meeting with an Accommodation Advisor or Service Coordinator in the following ways: 

• If you are only looking for accessible furniture, please contact the Accessible Classroom Furniture Support email at drcfurniture@ucsc.edu 

• Reasonable modifications may include, but are not limited to:

1. Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or pregnancy-related conditions, including eating, drinking, or using the restroom.
2. Intermittent excused absences to attend medical appointments.
3. Access to online or homebound education.
4. Changes in schedule or course sequence.
5. Extensions of time for coursework and rescheduling of tests and examinations.
6. Allowing a student to sit or stand, or carry or keep water nearby.
7. Counseling.
8. Changes in physical space or supplies (for example, access to a larger desk or a footrest). 
9. Elevator access.
10. Other changes to policies, practices, or procedures.

• Voluntary Access to Separate and Comparable Portion of Program or Activity: A student must be allowed to voluntarily access any separate and comparable portion of a university education program or activity provided that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions.
  
  
• Voluntary Leave of Absence: You may take a voluntary leave of absence from your education program or any activity for a period of time deemed medically necessary by your licensed healthcare provider. To the extent you qualify for leave under a different leave policy maintained by the university that allows a greater period of time than the medically necessary period, you are permitted to take that time if you so choose. When you return to your education program, you will be reinstated to the status you held before your leave began, as practicable.
  
  
• Lactation Space: UCSC will ensure that you can access a lactation space, which must be a space other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used for expressing breast milk or breastfeeding as needed. 
  • Link to lactation spaces on campus here. [I thought we had a site with pictures of the rooms and details about what was in them, but I am not finding it.]
  • https://maps.ucsc.edu/#  (Select “Lactation Rooms” under “Health, Safety & Facilities” on the left)

• Limitation on supporting documentation: When you are in the process of seeking and acquiring reasonable modifications due to pregnancy or a related condition, UC Santa Cruz cannot require you to provide supporting documentation unless the documentation is necessary and reasonable for making a determination regarding reasonable accommodations and additional specific actions. 
  • Supporting documentation is not necessary for the following reasonable accommodations:
    • if you need a bigger uniform
    • if you need to carry or keep water nearby
    • if you need a bigger desk
    • If you need to be able to sit or stand as necessary
    • if you need to take breaks to eat, drink, or use the restroom
    • If you need a break to attend to lactation needs

• Comparable treatment to other temporary medical conditions: UCSC must treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to any medical or hospital benefit, service, plan, or policy the university administers, operates, offers, or participates in with respect to students admitted to the university’s education program or activity.
  
  
• Certification to participate: UCSC cannot require you to provide certification from a healthcare provider or any other person indicating that you are physically able to participate in a class, program, or extracurricular activity unless: 
  • The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity,
  • Certification is required of all students participating in the class, program, or extracurricular activity, and
  • The information obtained is not used as a basis of discrimination. 

• I am a staff member (including a student staff member) who needs resources in my employment at UCSC because I am pregnant or experiencing related conditions 

• You will contact your supervisor or Kelly Roberts (roberts@ucsc.edu), the Disability Management Coordinator, at 831-459-4602. You will meet with your Supervisor or Kelly Roberts to determine what reasonable modifications you may need based upon your individualized needs. If you are having difficulty receiving timely support and resources or feel you are being discriminated against or harassed on the basis of your status as a pregnant person or due to a pregnancy-related condition, please contact: 

• Lactation Spaces: UCSC provides lactation spaces on campus that are clean, shielded from view, free from intrusion from others, and may be used for expressing breast milk or breastfeeding as needed. 
  • Link to lactation spaces on campus here.
  • https://maps.ucsc.edu/#
    
    
• If you are only looking for accessible furniture, please contact the Accessible Classroom Furniture Support email at JobAccommodations@ucsc.edu or roberts@ucsc.edu 

• I am a faculty member who needs resources in my employment program and activities at UCSC because I am pregnant or experiencing related conditions 

• You will contact your Department Chair, Academic Personnel Office, or Kelly Roberts (roberts@ucsc.edu), the Disability Management Coordinator, at (831-459-4602) to determine what reasonable modifications you may need based upon your individualized needs. If you are having difficulty receiving timely support and resources or feel you are being discriminated against or harassed on the basis of your status as a pregnant person or due to a pregnancy-related condition, please contact: 

• Lactation Spaces: UCSC provides lactation spaces on campus that are clean, shielded from view, free from intrusion from others, and may be used for expressing breast milk or breastfeeding as needed. 
  • Link to lactation spaces on campus here.
  • https://maps.ucsc.edu/#
    
    
• If you are only looking for accessible furniture, please contact the Accessible Classroom Furniture Support email at JobAccommodations@ucsc.edu or roberts@ucsc.edu 

• Additional Resources

Visit the Students as Parents webpage for more information about resources for students who are parents.

Other federal and state laws also protect pregnant employees from discrimination. Please click on the links below for resources and information on this topic:

Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act) 

Pregnant Workers Fairness Act (PWFA) 

Federal Pregnancy Discrimination Act

Pregnancy rights under the California Fair Housing & Employment Act

The Pregant Scholar: Resources for Pregnant Students, Post Docs, and Faculty