Due to the Department of Education being enjoined from enforcing the 2024 Regulations in the state of Florida, the Equal Opportunity, Harassment, and Nondiscrimination Policy  released on August 1, 2024, is only effective at the Denver site until further notice.

For incidents occurring in Florida or in Denver prior to August 1, 2024 please refer to the 2020 AdventHealth University Harassment and Non-Discrimination Policy.

Appendix L

ATIXA Pregnancy and Related Conditions and Parenting Student Model for Higher Education

1. Non-Discrimination Statement

The University is committed to providing all students and employees with the opportunity to pursue and attain their individual goals as it relates to the University’s admissions, employment, and educational programs or activities. This commitment includes the University’s students and employees who are pregnant, parenting, or experiencing pregnancy related conditions. The University prohibits differential treatment or discrimination against students and employees based on the student or employee’s current, potential, or past parental, family, marital status, or pregnancy or related condition as mandated by Title IX of the Education Amendments of 1972 (Title IX. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

2. Definitions

  • 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 18,1 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 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.2
  • Reasonable Modifications. Individualized modifications to the University’s policies, practices, or procedures that do not fundamentally alter the University’s education program or activity.

3. Student Pregnancy Disclosure

A student who is, or becomes, pregnant or has a related condition is strongly encouraged to notify the Title IX Coordinator as soon as possible. By doing so, the student and the Title IX Coordinator can collaborate and develop an appropriate plan for the continuation of the student’s education in light of the unique nature of the University’s programs and requirements, as well as particular challenges the student may face while pregnant or while experiencing a pregnancy related condition.

Any University employee who is informed of, or becomes aware of a student’s pregnancy or related condition by a student or a person who has a legal right to act on behalf of the student, must provide the student or the student’s representative with the Title IX Coordinator’s contact information and communicate that the Title IX Coordinator can help, unless the employee reasonably believes the Title IX Coordinator has already been notified.

Contact information for the University’s Title IX Coordinator (Orlando Campus and Tampa Site) is as follows:

Sharda Sukhu-Gafoor
Title IX Office
Campus Center 215
671 Winyah Drive
Orlando, FL 32803
Phone: Call407-303-5765
Email: sharda.sukhu-gafoor@ahu.edu

The University’s Deputy Title IX Coordinator (Denver Site) is:

Katie Shaw
1001 E. Yale Ave.
Denver, CO 80210
Phone: 303-765-6271
Email: katie.shaw@ahu.edu

The employee will also inform the student or the student’s representative that the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the University’s education programs or activities. However, the choice to declare a student’s pregnancy is voluntary, and students and employees are not required to disclose this information to the University.

After being notified by a student or the student’s representative of the student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of the University’s obligations to do the following:

  • Inform the student about the University’s prohibition on sex discrimination, including sex-based harassment.
  • Provide the student with the option of reasonable modifications due to the student’s pregnancy or related conditions.
  • Allow the student voluntary access to any separate and comparable portion of the University’s education programs or activities.
  • Allow the student a voluntary leave of absence for medical reasons and reinstatement for the student upon return from leave.
  • Maintain a Resolution Process for alleged discrimination.
  • Provide the student with a private, clean space for lactation that is a space other than a bathroom and is shielded from view and free from intrusion from others.

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

4. Supporting Documentation

The University will not require students to submit supporting documentation for the above items, unless the documentation is necessary and reasonable for the University to determine the reasonable modifications to make, or whether to take additional, specific actions. Situations where supporting documentation is not necessary may 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 University with sufficient supporting documentation; when the reasonable modification 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 requested action is available to other students for reasons other than pregnancy or related conditions and such students are not required to submit supporting documentation.

Additionally, the University will not require a student who is pregnant or has a related condition to provide certification from a healthcare provider or any other person that the student is physically able to participate in the University’s class, program, or extracurricular activity unless:

  • The certified level of physical ability or health is necessary for the student’s participation in the class, program, or extracurricular activity;
  • The University 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.

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.

5. Options After Student Pregnancy Disclosure

Once a student has voluntarily disclosed a pregnancy or related condition to the University, the student has the following options:

Continue in the Program

  • If a student decides to continue in the program and desires to have any modifications to the University’s education programs and activities due to the pregnancy or related condition, the student should contact the Title IX Coordinator to discuss any reasonable modifications that may be necessary for the student to continue in the program. Such modifications, if any, are discussed in Section VI below, and will be documented in the form in Addendum A which will be signed by both the student and a University representative.
  • The University will also allow a student to voluntarily access any separate and comparable portion of the University’s education program or activity.

Voluntary Leave of Absence

  • Students have the option to take a leave of absence due to pregnancy or related condition. However, such a leave of absence is not required. Should a student choose to take a leave of absence, a student is permitted to do so based on the medical recommendation of the student’s licensed healthcare provider.
  • A leave of absence due to pregnancy or related condition may be for various amounts of time depending on a student’s particular circumstances and the period deemed medically necessary by the student’s licensed healthcare provider. Such a leave may be extended if deemed medically necessary by the student’s licensed healthcare provider. [Students who elect to take leave under this policy may register under an “on leave/inactive” status to continue their eligibility for certain benefits.]
  • In order to initiate a leave of absence, 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 Title IX Coordinator will assist the student in completing any necessary paperwork.
  • If taking a leave of absence due to a pregnancy or related condition, the Education Plan in Addendum B will be discussed and signed by the student and a University representative.
  • Students are encouraged to communicate with faculty and supervisors regarding plans for leave to ensure a smooth return to campus.
  • International students are further encouraged to contact their international advisor immediately, as a leave could require the student to leave the country.
  • When a student returns from a leave of absence, the student will be reinstated to the same academic status and, where applicable, extracurricular status, that the student held prior to their leave of absence. This includes the opportunity to make up any work the student missed while on leave.
  • Continuation of student’s scholarships, fellowships, or similar University-sponsored funding during the leave term will depend on student 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 University-supported funding by exercising their rights under this policy.
  • The Title IX Office can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question.

Withdraw from the University

  • The student may, in their sole discretion, determine that they must withdraw from the University for an indefinite period or permanently due to their pregnancy or related condition. Existing University withdrawal procedures, and readmission procedures (if applicable) apply.

6. 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 University’s education program and activity.

Reasonable modifications for pregnancy or related conditions will be provided to students based on their individualized needs. Such reasonable modifications will be identified through an interactive process with the student; however, a modification is not reasonable if it fundamentally alters the nature of the University’s education program or 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 must be considered on an individualized and voluntary basis.

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:

  • Breaks during class for lactation needs, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
  • Access to online education
  • Intermittent excused absences to attend medical appointments
  • Changes in course schedule or sequence
  • Test rescheduling
  • Time extensions for coursework
  • Counseling
  • Physical space or supply changes
  • Elevator access
  • A larger uniform or other required clothing or equipment
  • Other changes to policies, practices, or procedures determined by the Title IX Coordinator.

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 University’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, 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 pregnant students’ requests for modifications 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 accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with disability staff to ensure the student receives reasonable accommodations for their disability as required by law.

7. Reasonable Modifications for Employees

The University will treat employee pregnancy or related conditions as any other temporary medical condition for all job-related purposes3 and will provide accommodations as appropriate. The University will further adhere to its leave policies for employee pregnancy or related conditions.

If an employee, including a student-employee, 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 must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right.

8. Student Parents

Students with child caretaking/parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of a child or placement of a foster child may request an academic modification period during the first three (3) months from the time the child entered the home. Extensions may be granted when additional time is required by medical necessity or extraordinary caretaking/parenting responsibilities.

During the modification period, the student’s academic requirements will be adjusted and deadlines postponed as appropriate, in collaboration among the Title IX Office, the student’s academic advisor, and the appropriate academic department(s).

Students seeking a period of modified academic responsibilities may consult with their academic advisor or with the Title IX Office to determine appropriate academic adjustment requests. The Title IX Office will communicate all requests under this policy to students’ academic advisors and coordinate adjustment-related efforts with the advisors unless the student specifically requests that their advisors be excluded.

Students are encouraged to work with their advisors and faculty members to reschedule course assignments, lab hours, examinations, or other requirements, and/or to reduce their overall course load, as appropriate, once authorization is received from the Title IX Office.

If, for any reason, caretaking/parenting students are not able to work with their advisors/faculty members to obtain appropriate modifications, students should alert the Title IX Office as soon as possible, and the office will help facilitate needed accommodations and modifications.

In timed degree, certification, or credentialing programs, students who seek modifications upon the birth or placement of their child will be allowed an extension of up to three (3) months to prepare for and take preliminary and qualifying examinations, and an extension of up to three (3) months toward normative time to degree while in candidacy, to the extent those deadlines are controlled by the University. Longer extensions may be granted in extenuating circumstances.

Students can request modified academic responsibilities under this Policy regardless of whether they elect to take a leave of absence.

While receiving academic modifications, students will remain registered and retain benefits accordingly.

9. Lactation Spaces and Information

The University provides lactation stations across campus for breastfeeding students and employees. These spaces provide a private, clean area where students and employees are shielded from view and free from intrusion and are not bathrooms.

The University will also allow reasonable break time for employees to express breast milk or breastfeed as needed.

Lactation spaces are located in the following locations:

Orlando Campus:

  • Campus Center Building 133
  • Anderson House

Denver Site:

  • Porter Place Building (PPL) 121

Tampa Site:

  • Room 511, 5th Floor

To utilize a lactation space, please contact the Title IX Coordinator designated for your campus. Please note that these locations while designated as the primary lactation spaces, will be subject to change.

10. University Housing

A pregnant student’s university housing status will not be altered based on pregnancy status unless requested by the student.

11. 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 University website. The University will alert all new students about this policy and the location of this policy as part of orientation. The Title IX Office will make educational materials available to all members of the University community to promote compliance with this policy and familiarity with its procedures.

12. Questions or Concerns

A student who has questions about this policy or who is concerned about its implementation should contact the Title IX Coordinator using the contact information listed in Section III of this policy. Employees with questions about the policy or concerns about its implementation should contact HR at:

Ana-Michelle Carrington
Deputy Title IX Coordinator and AHRBP
Office of Human Resources and Compliance
Campus Center Building (CC 215)
671 Winyah Drive, Orlando, FL 32803
Call407-609-0905
ana-michelle.carrington@ahu.edu
https://www.ahu.edu/title-ix


1 Or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability.

2 “The Department interprets ‘termination of pregnancy’ to mean the end of pregnancy in any manner, including, miscarriage, stillbirth, or abortion.” Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 F.R. 33474, April 29, 2024, codified at 34 C.F.R. 106.

3 Aligns with the language regarding accommodations in the Pregnant Workers Fairness Act.

Addendum A

Continuation in Program after Disclosing Pregnancy

I. Acknowledgements

By signing this form, [INSERT STUDENT NAME] (“Student”) acknowledges the following:

  • Student has voluntarily disclosed their pregnancy to AdventHealth University (the “University”) and intends to continue pursuing their degree in the University’s [INSERT PROGRAM].
  • Student understands there are other options available, including taking a leave of absence.
  • Student understands there are potential risks to them and/or their fetus by continuing in the [INSERT PROGRAM]. The University has advised Student to consult with their doctor to discuss these potential risks.
  • Student assumes all responsibility related to these risks and any resulting losses or costs, including medical treatment and costs thereof.

II. Adjustments to Program

[In this section, describe any modifications that have been discussed and will be implemented based on the student’s pregnancy or related condition. Note if there have been no modifications implemented at the time of signature.]

  1. [insert modification]
  2. [insert modification]
  3. Student may request additional modifications at any time by contacting [insert University personnel contact]

The University and Student do hereby agree to the above.

Addendum B

Education Plan for Pregnancy Leave

AdventHealth University (the “University”) and [INSERT NAME OF STUDENT] (“Student”) have agreed to the following conditions related to Student’s leave of absence related to their pregnancy or related condition. Student’s leave of absence is scheduled to begin on [INSERT DATE] and Student is anticipating a return to school [INSERT DATE OR TERM]. Student and the University acknowledge that Student may take a longer leave if it is deemed medically necessary by Student’s doctor, and the parties agree to meet and discuss this Education Plan if that occurs.

Academics

[In this section, discuss where Student currently stands academically, what modifications to the Student’s courses/degree track will be necessary because of the leave of absence, what classes the Student will be enrolled in upon return, etc.]

Financial Aid/Scholarships

[In this section, discuss current financial aid/scholarship/funding situation and any implications from taking leave.]

Additional Matters

[In this section, discuss any additional matters that are relevant to a particular situation, including any logistical considerations for a student’s readmission following a leave.]

  1. Student agrees to contact [INSERT APPROPRIATE PERSONNEL] ____ [days/weeks/months] in advance of Student’s return to the University in order to ensure a smooth transition back to school.
  2. Student will not be required to pay any application or readmission fees related to Student’s readmission to the institution.

The University and Student do hereby agree to the above.

Based on the ATIXA 2024 One Policy, One Procedure (1P1P) model. © June 2024 ATIXA. Used with permission.