Scope
Young Harris College has not adopted or implemented any policy, practice, or procedure concerning a student’s current, potential, or past parental, family, or marital status that treats students differently on the basis of sex.
Young Harris College does not discriminate in its education program or activity against any student based on the student’s current, potential, or past pregnancy or related conditions. The College does not engage in prohibited discrimination when it allows a student, based on pregnancy or related conditions, to voluntarily participate in a separate portion of its education program or activity provided that the College ensures that the separate portion is comparable to that offered to students who are not pregnant and do not have related conditions.
Young Harris College ensures that when a student, or a person who has a legal right to act on behalf of the student, informs any employee of the student’s pregnancy or related conditions, unless the employee reasonably believes that the Title IX Coordinator has been notified, the employee promptly provides that person with the Title IX Coordinator’s contact information and informs that person that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the College’s education program or activity.
Young Harris College will take specific actions to promptly and effectively prevent sex discrimination and ensure equal access to the College’s education program or activity once the student, or a person who has a legal right to act on behalf of the student, notifies the Title IX Coordinator of the student’s pregnancy or related conditions. The Title IX Coordinator must coordinate these actions.
Young Harris College will inform the student, and if applicable, the person who notified the Title IX Coordinator of the student’s pregnancy or related conditions and has a legal right to act on behalf of the student, of the College’s obligations under this section and provide the College’s notice of nondiscrimination.
Reasonable Modification
Young Harris College will make reasonable modifications to the College’s policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to the College’s education program or activity. Each reasonable modification must be based on the student’s individualized needs. In determining what modifications are required under this paragraph, the College must consult with the student. A modification that the College can demonstrate would fundamentally alter the nature of its education program or activity is not a reasonable modification.
The student has discretion to accept or decline each reasonable modification offered by Young Harris College. If a student accepts the College’s offered reasonable modification, Young Harris College will implement it.
Reasonable modifications may include, but are not limited to, 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; changes in schedule or course sequence; extensions of time 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; or other changes to policies, practices, or procedures. [See 106.40 (b)(3)(ii); and 106.40 (b)(3)(ii)(C)]
Voluntary Access to Separate and Comparable Portion of Program or Activity
Young Harris College will allow the student to voluntarily access any separate and comparable portion of the College’s education program or activity.
Voluntary Leaves of Absence
Young Harris College must allow the student to voluntarily take a leave of absence from the College’s education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. To the extent that a student qualifies for leave under a leave policy maintained by the College that allows a greater period of time than the medically necessary period, Young Harris College must permit the student to take voluntary leave under that policy instead if the student so chooses. When the student returns to the College’s education program or activity, the student must be reinstated to the academic status and, as practicable, to the extracurricular status that the student held when the voluntary leave began. [See §106.40 (b)(3)(ii)(C)(iv)]
Lactation Space
Young Harris College will ensure that the student 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 by a student for expressing breast milk or breastfeeding as needed.
Limitation on Documentation
Young Harris College will not require supporting documentation unless the documentation is necessary and reasonable for the College to determine the reasonable modifications to make or whether to take additional specific actions. Examples of situations when requiring supporting documentation is not necessary and reasonable include, but are not limited to, when the student’s need for a specific action is obvious, such as when a student who is pregnant needs a bigger uniform, when the student has previously provided the College with sufficient supporting documentation; when the reasonable modification because of pregnancy or related conditions at issue is allowing a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom; when the student has lactation needs; or when the specific action is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.
Comparable Treatment to Other Temporary Medical Conditions
Young Harris College will 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 benefit, service, plan, or policy the College administers, operates, offers, or participates in with respect to students admitted to the College’s education program or activity.
Certification to Participate
Young Harris College will not require a student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in the College’s 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;
- Young Harris College requires such certification of all students participating in the class, program, or extracurricular activity; and
- The information obtained is not used as a basis for discrimination prohibited by this Policy.
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