Student Pregnancy Reasonable Modifications

1. Purpose

 
Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) is committed to supporting the academic success of all students, including students who are experiencing pregnancy or related conditions.

2. Policy

Accordingly, the university prohibits unlawful discrimination on the basis of sex, which includes discrimination on the basis of pregnancy or related conditions. The university complies with Title IX of the Education Amendments Act of 1972 (Title IX) and Section 504 of the Rehabilitation Act (Section 504) when implementing student-requested adjustments to BYU–Hawaii’s education programs and activities due to pregnancy or related conditions.

3. Implementation

3.1 Definitions

3.1.1 Absence

Absence means tardiness, nonattendance, or a break from a class for a student’s Pregnancy or Related Conditions. 

3.1.2 Education Program or Activity

BYU–Hawaii’s Education Program or Activity means all the operations of the university. Conduct that is subject to BYU–Hawaii’s disciplinary authority (e.g., CES Honor Code) is considered to have occurred under BYU–Hawaii’s Education Program or Activity.

3.1.3 Fundamental Alteration

Fundamental Alteration means a change so significant that it alters the essential nature of a university Education Program or Activity as that term is defined in the Sex Discrimination Policy.  

3.1.4 Lactation

Lactation means expressing breast milk or breastfeeding.

Leave of Absence means a period of time, up to two consecutive semesters, when a student does not register for any classes or drops all registered classes by the add/drop deadline.  

Pregnancy or Related Conditions means 

• 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.  

3.1.7 Reasonable Modifications

Reasonable Modifications means changes to the university’s policies, practices, or procedures that

1. enable a student to maintain equal access to an Education Program or Activity,  
   
2. are based on a student’s individualized needs because of Pregnancy or Related Conditions, and  
   
3. do not constitute a Fundamental Alteration.  

3.1.8 Student with Pregnancy or Related Conditions

Student with Pregnancy or Related Conditions means an individual admitted to a university Education Program or Activity who is experiencing Pregnancy or Related Conditions. It does not include those who provide support to those who are experiencing Pregnancy or Related Conditions, such as close family members of those experiencing Pregnancy or Related Conditions. 

3.2 Employee Responsibilities

 
All university employees have responsibilities under this policy. If a Student with Pregnancy or Related Conditions, or a person who has a legal right to act on behalf of a Student with Pregnancy or Related Conditions, informs a university employee of the student’s Pregnancy or Related Conditions, the employee promptly must disclose  

• the Title IX coordinator’s contact information, and  
  
• 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 and Activities.   

An employee need not take the above actions if the employee reasonably believes the Title IX coordinator has been notified of the student’s Pregnancy or Related Conditions or if the student has not voluntarily disclosed the Pregnancy or Related Conditions to the employee.  

3.3 Reasonable Modifications

  
A Student with Pregnancy or Related Conditions may obtain Reasonable Modifications from the university to enable the student to have equal access to the university’s Education Programs or Activities. 

The process for a Student with Pregnancy or Related Conditions to obtain a Reasonable Modification is as follows: 

1. A Student with Pregnancy or Related Conditions seeking Reasonable Modifications requests them from the Title IX coordinator by contacting the Title IX coordinator at (808) 675-4819, titleix@byuh.edu, or in person at the Title IX Office located in the Lorenzo Snow Administration Building. The Title IX coordinator may request reasonable documentation from a student’s physician or licensed healthcare provider when documentation is necessary to determine appropriate Reasonable Modifications for the student.   
   
2. The Title IX coordinator consults with the student and carefully reviews the student’s individual needs, any information provided by the student’s licensed healthcare provider, and information about the student’s academic program and its requirements.  
   
3. The Title IX coordinator may offer one or more Reasonable Modifications.  
   
4. The student accepts or declines each offered Reasonable Modification.  
   

Once the student has accepted a Reasonable Modification, the Title IX coordinator documents the Reasonable Modification in a letter and shares the letter with the student’s professors and other individuals as requested by the student.  

If an employee who receives a Reasonable Modification letter believes that an offered modification is not a Reasonable Modification because the modification amounts to a Fundamental Alteration, the employee contacts the Title IX coordinator. The employee and the Title IX coordinator counsel together to determine a Reasonable Modification. If a modification is revised, the Title IX coordinator offers the revised modification to the student who then either accepts or declines the offered Reasonable Modification. If the student accepts the revised Reasonable Modification, the Title IX coordinator issues a revised Reasonable Modification letter that reflects the change. If the student declines the revised modification, the Title IX coordinator consults with the student to determine if there are alternative Reasonable Modifications that may be offered.   

If the employee and the Title IX coordinator cannot come to agreement on what would constitute a Reasonable Modification, a Fundamental Alteration Review, as described on the Title IX website, will be undertaken.   

If it is determined that an offered modification is a Reasonable Modification, the Title IX coordinator informs the employee of the outcome and discusses best approaches for implementation.  

If it is determined that an offered modification is not a Reasonable Modification because it constitutes a Fundamental Alteration, then that modification is not available to the student and the Title IX coordinator issues a revised Reasonable Modification letter that reflects that change. The Title IX coordinator may counsel with the student and the employee to determine if there are alternative Reasonable Modifications that may be offered. 

Reasonable Modifications may include, but are not limited to,  

• breaks during class to address Lactation needs or attend to health needs associated with Pregnancy or Related Conditions, including eating, drinking, or using the restroom;   
  
• excused intermittent Absences for Pregnancy or Related Conditions;   
  
• 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 appropriate changes to policies, practices, or procedures that do not amount to a Fundamental Alteration.   

3.4 Other Pregnancy or Related Conditions Support

 
In addition to providing Reasonable Modifications, the university provides Lactation spaces and a voluntary Leave of Absence to Students with Pregnancy or Related Conditions. 

3.4.1 Lactation Spaces 

A student with Lactation needs may visit any of BYU–Hawaii’s Lactation spaces. See map.byuh.edu.

Each faculty member determines whether a student enrolled in the faculty member’s class may

1. bring babies or children to class and  
   
2. address Lactation needs in the classroom during class time.   

All students, regardless of medical necessity, may take a Leave of Absence as described in the Student Leave of Absence policy. 

A Student with Pregnancy or Related Conditions may take leave for longer than provided for in the Student Leave of Absence policy if doing so is deemed medically necessary by the student’s licensed healthcare provider for Pregnancy or Related Conditions. 

Before requesting a leave, international students should work with International Student Services to fully understand the ramifications and impact of such a request, as in many cases this would require leaving the country. 

Students seeking general support related to parenting—such as childcare, the child’s health, and non-birthing parent health issues—may contact the offices of Counseling Services, Dean of Students Office, or Health Services.

BYU–Hawaii provides reasonable accommodations to qualified student job applicants and student employees to accommodate an individual’s known limitations related to Pregnancy or Related Conditions, unless doing so would create an undue hardship. Pregnant student applicants and student employees experiencing a pregnancy-related medical condition or disability may request workplace accommodations by contacting Human Resources.

If students feel they have been subjected to discrimination on the basis of Pregnancy or Related Conditions, they should contact the Title IX Office so that the university may address the issue.

4. RELATED POLICIES and Procedures

• Accommodation of Persons with Disabilities 
• Personnel Conduct
• Sex-Based Harassment Grievance Procedures
• Sex Discrimination