Pregnancy and Parenting

The following terms and definitions are provided as a reference to help students and employees understand key concepts in the application of pregnancy and parenting-related reasonable accommodations.

Fundamental Alteration – is any academic accommodation, adjustment/auxiliary aid, or service that would fundamentally affect or change the nature of a program or course being taught or that fundamentally alters the essential requirements of instruction or course requirements. A fundamental alteration is not considered a reasonable accommodation. HCC is not required to alter or modify a course or program to the extent that it changes the fundamental nature of that course or program. For example, creating an online class or module for an in-person class when an online class or module did not previously exist.

Medical Necessity – is a determination made by a student’s or employee’s physician or other licensed healthcare provider that a certain course of action is medically necessary.

Parent – is an individual with legal responsibility to care for a person under the age of 18 (or over the age of 18 but incapable of self-care due to a disability). The term includes a biological, fostering, or adoptive parent, a stepparent, or a legal custodian or guardian.

Postpartum – is the period of time following delivery when maternal physiological and anatomical changes typically return to the prepregnant state (up to six months in duration).

Pregnancy and Pregnancy-Related Conditions – include pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions.

Pregnant Student – refers to a student who is or was pregnant or intends to become pregnant. HCC Policy and its pregnancy-related protections apply to all pregnant persons regardless of gender identity or expression.

Reasonable Accommodation/Reasonable Modifications – is a change in a class, academic program or academic environment, or other campus activity that enables a pregnant student or student with a pregnancy-related condition to continue to participate in the education program or activity and/or to receive equal educational benefits provided by HCC that does not result in a fundamental alteration.

Undue Burden/Hardship – is any academic accommodation, adjustment/auxiliary aid, or service that would result in a significant financial or administrative burden or expense. An undue burden/hardship is not considered a Reasonable Accommodation.

 

Students are encouraged to request pregnancy related accommodations in advance, whenever possible, by engaging in the interactive process. The interactive process requires a student to first contact an Ability Services Counselor to engage the process. Through a confidential discussion with a counselor, the student will be provided information regarding available pregnancy-related reasonable accommodations, which may include, but are not limited to:

• Modifying a course or program rule to protect the health and safety of the student and/or the pregnancy (such as allowing the student to maintain a safe distance from hazardous substances);
  
  
• Modifying the physical environment (such as access to a stool or chair), providing mobility support (such as closer parking), or changing equipment (such as a different uniform when a uniform is required and provided by HCC);
  
  
• Allowing the person to eat or drink during an education program or activity when it otherwise would not be allowed;
  
  
• Providing extra breaks to use the restroom;
  
  
• Rescheduling a test or extending a deadline by a reasonable amount of time;
  
  
• Providing the student a reasonable amount of time to make up an assignment or test that the student missed for a pregnancy related, postpartum, or related reason regardless of the instructor’s standard make-up policy (when it is not possible to make up the exact same assignment, test, or experience, the makeup work should be reasonably equivalent);
  
  
• Providing a remote learning option, if available, when deemed medically necessary by the student’s physician or other licensed health care provider unless doing so would fundamentally alter the essential nature of the education program or activity;
  
  
• Excusing medically necessary absences due to the student’s pregnancy or a pregnancy-related condition;
  
  
• A Voluntary Leave of Absence to cover the period of time deemed medically necessary by the student’s physician or other licensed health care provider (however, if the program allows a greater period of leave time than what is medically necessary, the student may elect to take the longer leave). Following the leave of absence period, the student must be reinstated to the academic status that the student held when the leave began;
  
  
• Assigning an incomplete grade for a class and allowing the student a reasonable amount of time to complete the class;
  
  
• Allowing breastfeeding students reasonable time and a lactation space to pump breast milk in a location that is clean, shielded from view, free from intrusion by others. Bathrooms do not satisfy this requirement.

 

Upon approval of a pregnancy-related reasonable accommodation, students remain responsible for communicating with instructors on the progress of coursework and fulfilling all applicable academic requirements consistent with their approved modifications. In addition, students are encouraged to consult with their financial aid advisor when evaluating a leave of absence or related accommodations to determine if there will be an impact to their financial aid.

 

Parenting-related reasonable accommodations for child caretaking and parenting responsibilities are  provided to parenting students during the reasonably immediate post-­partum period (0 – 6 months).

A voluntary leave of absence is available as a parenting-related reasonable accommodation for parents or guardians of children under 18.

Students are encouraged to request parenting-related reasonable accommodations in advance, during the reasonably immediate post-­partum period (0 – 6 months), by engaging in the interactive process. The interactive process requires a student to first contact an Ability Services Counselor to engage the process. Through a confidential discussion with a counselor, the student will be provided information regarding available parenting-related reasonable accommodations, which may include, but are not limited to

For parents of children age 0-6 months:

• Academic modifications such as extensions of academic deadlines and/or allowing a student to make up tests or assignments missed for parenting-related absences, alternate assignments, remote learning (if available), Incomplete grade for extensions beyond the normal academic term;
• Exceptions to class withdrawal limits;
• Access to instructional materials and video recordings of lectures (if available) for classes due to excused absences due to parenting (applied in the same manner as any other student with excused absences);
• Voluntary Leave of absence; and
• Any other accommodations deemed reasonable, based on the student’s individual needs.

 

Upon approval of academic modifications, students remain responsible for communicating with instructors on the progress of coursework and fulfilling all applicable academic requirements consistent with their approved modifications. In addition, students are encouraged to consult with their financial aid advisor when evaluating a leave of absence or related accommodations to determine if there will be an impact to their financial aid.

 

HCC shall permit but not require a parenting or pregnant student to take a voluntary leave of absence related to a student's pregnancy or parenting status. Unless a longer period is required by law, a leave of absence will not exceed 120 days (one semester) without a showing of medical need.

 

During the leave of absence, the student’s academic requirements, course load, and deadlines may be temporarily modified or suspended.

 

The student must be in good academic standing at the time the voluntary leave of absence commences and may return to their degree or certificate program in good academic standing, not be required to reapply for admission, and may complete their degree or certificate program by fulfilling the requirements in effect at the time the leave of absence commenced.

 

Ability Services will consult with the academic program regarding the terms and conditions of the leave of absence, including any reasonable extensions for completion of timed degree and credentialing programs.

 

There may be time-sensitive occasions when a student directly notifies an instructor about the need for an accommodation due to an unexpected pregnancy or parenting-related condition. The instructor may provisionally grant the request; however, the instructor must promptly notify Ability Services about the student’s request in order to engage the interactive process.

 

Retroactive reasonable pregnancy or parenting-related accommodations are requests for accommodations that are made after a deadline, test, or academic milestone has been passed.

 

In limited instances, accommodations may be applied retroactively, based on an individualized assessment of the circumstances by the Counseling and Ability Services Department and the Office of Equal Opportunity and Title IX.

 

HCC understands the importance and benefits of breast feeding for babies and is pleased to provide multiple lactation rooms across campuses to meet the needs of nursing parents. Lactation Rooms are available for use by students, faculty and staff of HCC who are nursing mothers. Under the Affordable Care Act, employees may take reasonable break time for purposes of breast feeding and be offered a private setting for this purpose.

 

For more information about HCC’s Lactation Rooms and to gain access to a Lactation Room, visit the HCC Nursing Parents Express Rooms.

 

Students who are pregnant or expect to become new parents are encouraged to notify their instructors so they can collaborate on a plan to continue educational progress and receive supportive services. However, the choice to declare a pregnancy or parental status is strictly voluntary and a student is not required to disclose this information to the College. However, in order to receive supportive services, including a pregnancy or parenting-reasonable accommodation, the student needs to engage the interactive process.

 

Students are also encouraged to consult with academic and financial advisors as soon as practicable and before finalizing requests for academic modifications or a voluntary leave of absence to determine the impact, if any, to their financial aid benefits.

 

International students attending HCC with an F-1 Student Visa are strongly encouraged to also consult in advance with the Office of International Student Services about their plans if they are considering modified academic responsibilities or a voluntary leave of absence to avoid unintended consequences related to their visa status.

 

As a student parent, you have access to a range of institutional and community resources. Please explore the Student Parent Resources page to connect with a Student Parent Liaison and obtain personalized academic, financial, and enrollment support.

 

Q. May HCC require a pregnant student to obtain certification from a physician or other licensed healthcare provider to show that the student is physically able to participate in an education program or activity due to their pregnancy?

A. No. A pregnant student is not required to obtain a certification from a physician or other licensed healthcare provider to show that they are able to physically participate in an education program or activity because they are pregnant. In some instances, it may be required if the certified level of physical ability or health is necessary for participation in the class, program, or activity and all students in the class, program, or activity are required to provide a certification.

Q. How many excused absences are allowed as a pregnancy-related reasonable accommodation?

A. HCC shall excuse absences related to a student's pregnancy or childbirth without a doctor's certification that such absence is necessary for up to three (3) school days in a semester or the maximum number of excused absences that HCC would grant to another student enrolled in the same course for any reason.

Q. What is the minimum and maximum amount of time a pregnant or parenting student can take a voluntary leave of absence?

A. A pregnant or parenting student can take a voluntary leave of absence for a minimum of one semester without a showing of medical need. The maximum amount of time will depend on the program. The goal is to allow the student to complete their degree or certificate program by fulfilling the requirements in effect at the time the leave of absence commenced.

Q. May HCC require a pregnant student to participate in a separate program for pregnant students?

A. No. HCC may offer separate programs for a pregnant student, but participation in those programs must be completely voluntary. A pregnant student must be allowed to remain in their regular classes, whether in-person or online.

Q. Does HCC have to excuse a student's absences due to pregnancy or childbirth?

A. Yes. Student are entitled to receive excused absences due to pregnancy or related conditions, including recovery from childbirth for as long as the student's doctor deems the absences to be medically necessary.

Q. Can HCC limit a pregnant student’s participation in school clubs, class activities, interscholastic sports, and other school-sponsored organizations?

A. No. Title IX, State Law, and HCC Policy prohibits HCC from excluding a pregnant student from any part of its educational program, including all extracurricular activities, such as school clubs, academic societies, honors programs, or interscholastic sports.

Q. Is harassing a pregnant student or pregnant employee a form of discrimination?

A. Yes. Harassing a pregnant student or pregnant employee is a form of sex-based discrimination. Harassing conduct can take many forms, including verbal acts such as name-calling, making inappropriate comments and statements, engaging in conduct that may be humiliating, demeaning, or threatening, or exclusionary behaviors such as limiting the student’s or employee’s participation in a program or activity because of their pregnancy.

Q. Can I receive a retroactive pregnancy or parenting-related reasonable accommodation for a class that I am currently taking?

A. It depends on the circumstances. Students are encouraged to request accommodations in advance, whenever possible, by engaging in the interactive process. In limited instances, accommodations may be applied retroactively during the same semester, based on an individualized assessment of the circumstances that prevented the student from engaging the interactive process at the time of need. The individualized assessment will be conducted by the Counseling and Ability Services Department and the Office of Equal Opportunity and Title IX.

Q. Can I receive a retroactive pregnancy or parenting-related reasonable accommodation for a class that I have already taken and received a grade for in the past?

A. No. Students are encouraged to request accommodations in advance, whenever possible, by engaging in the interactive process.

Q. What if I need to leave class early to go pick up my child for any reason; is that considered a parenting reasonable accommodation?

A. Normal or routine child caretaking and parenting responsibilities for children 6 months to 18 years of age are not considered parenting-related reasonable accommodations. Students however are encouraged to work directly with their instructors to make any arrangements regarding tardies or early departures and follow the established attendance standards that have been set by your instructor. Instructors are also encouraged to support parents accommodate these requests as they would accommodate any other tardy or early departure unrelated to parenting.

Q. Who should I contact if I have more questions regarding pregnancy or parenting-related reasonable accommodations or if I wish to initiate the interactive process?

A. The Counseling and Abilities Services Department is available to assist students obtain a pregnancy or parenting-related reasonable accommodation. Requesting an accommodation early will help with preparation and planning for the student’s success. The process for obtaining reasonable accommodations is an interactive one that begins with the student’s disclosure of their needs. To request and receive accommodations, please contact an Abilities Services Counselor at your preferred campus. Students taking online classes can contact any of the Ability Services Counselors to request reasonable accommodations.

Q. Who should I contact if I was subjected to harassment or discrimination on the basis of my pregnancy, pregnancy-related condition, or parenting status?

A. To speak with someone or to file a complaint of harassment or discrimination due to pregnancy, pregnancy-related condition, or parenting status, complete an Incident Report Form. You may also contact the following person who has been designated to handle inquiries regarding HCC non-discrimination policies.

Osvaldo Gomez, MSW
Director, EEO and Compliance/Title IX Coordinator
3100 Main Street, Suite 700
Houston, TX 77002
713.718.8271 or hcc.oeotix@hccs.edu