The 50^th anniversary of Title IX occurred in 2022 and yet there remains some confusion about a key component of this important law. Most people understand that Title IX prohibits discrimination of women athletes and protects women from sexual harassment at educational institutions that receive federal funds. While this is certainly true, a lesser-known aspect of Title IX is that it protects pregnant women in their pursuit of education. Specifically, the law [link removed no longer active] "prohibits discrimination of a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions." A school must also excuse absences due to pregnancy "for as long as the student's doctor deems the absences medically necessary" and upon return, a student "must be allowed to return to the same academic and extracurricular status as before her medical leave."

This means that pregnant students have the right to academic accommodations, if they need them, and have a right to take leave for however long their doctor says it's necessary without being penalized by the institution. Accommodations can range from sitting for lab activities rather than standing, completing an alternate assignment for participation points when needing to miss class for a doctor's appointment, to requesting virtual instruction if on bedrest. And when a student takes more extended absences due to their pregnancy or recovery, they have the right to be able to make up any missed work, even if it extends beyond the end of the semester or does not fit into the standard leave policy. The big takeaway is that Title IX requires educational institutions to work with pregnant students to reduce the barriers in obtaining their education.

Why is Title IX Significant for Veterans and Their Spouses?

Military-affiliated students may not be aware of the protections that Title IX provides because Title IX does not operate in the military. Though they pursue educational goals, federal service academies and military training programs are exempt from Title IX because their primary purpose is to train people for military service.

Title IX is also important for veterans and spouses because they may not be accustomed to seeing positive workplace outcomes associated with pregnancy. It's within our lifetime that pregnant service members were discharged from the military or restricted from duty at the discretion of their leadership. The military is an environment where mission readiness is the top priority, where personal and family matters can become secondary considerations that require minimizing. Because of this cultural orientation, military-affiliated students may not even conceive that it's possible to pursue both mission (their education) and their pregnancy. Students need to know that there is a provision created to reduce this struggle, with what is a temporary, albeit taxing, situation where withdrawal from education often seems to be the only option.

What Can You Do?

1. Title IX coordinators can educate their institutions about the protections for pregnant students, including their ROTC community of students and cadre. While Title IX doesn't apply to the military, it is an important distinction to note that the law does apply to ROTC programs operating on university campuses like all other offices at the institution. Title IX coordinators should also consider delivering training that incorporates realistic situations that different groups on campus are likely to experience so that participants can contemplate practical solutions in their areas. Consider adding novel training strategies that vary in mode and timing, such as a feature article in various campus communications or a visual in the library so that Title IX awareness is dispersed throughout all levels of the institution and awareness becomes the norm. The more educated members of your institution are, the more comfortable they will be to contact you before a matter grows into non-compliance.

2. Administrators should know the law so that they can actively partner with other leaders on campus to create, maintain, and communicate Title IX-compliant policies that are well understood and are consistent with practices across campus. Campus offices should review their practices to identify any areas where pregnant students may perceive that there is pressure to withdraw from their extracurricular or academic activities because the standard operating procedures don't appear to allow for flexibility.

3. Faculty can adopt a posture of openness to support pregnant students and extend accommodations. Faculty hold positional power and it's important to show in word and deed that they support the rights of pregnant students. The results of extending accommodations and leave can improve DFW rates, progression toward graduation, perceived belongingness and integration into the learning community, and provide a model for students who will become leaders making similar decisions in the workplace.

Title IX is good for military-affiliated students. Having experienced frequent relocations and disruptions in life, this law exerts a stabilizing effect in their pursuit of education. Institutional leaders can help by ensuring the law is fully communicated and upheld.

Article Topics

Military Friendly Institutions Policy News Serving Military in HigherEd Veterans Academic Success Women Veterans Workplace Inclusion

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