Sexual Harassment and Title IX Procedure for Pregnant, Parenting, and Lactating Students

Introduction

Hudson County Community College (HCCC) is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including sexual harassment, as mandated by Title IX of the Education Amendments of 1972 ("Title IX"). Sexual harassment, which can include discrimination based on pregnancy or parental status, is prohibited and illegal in educational programs and activities. HCCC hereby establishes this Sexual Harassment and Title IX Procedure for Pregnant, Parenting, and Lactating Students to ensure the protection and equal treatment of pregnant students, students with pregnancy-related conditions, and students who are parenting.

Under the Department of Education's (DOE) Title IX regulations, an institution that receives federal funding "shall not discriminate against any student or exclude any student from its education program or activity, including any class or extracurricular activity based on such student's pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom." Pregnant students should be treated as having a temporary disability and given reasonable accommodations when necessary due to pregnancy. According to the DOE, appropriate treatment of a pregnant student includes granting the student leave "for so long a period of time as is deemed medically necessary by the student's physician," and then effectively reinstating the student to the same status as was held when the leave began. Adjustments such as extended deadlines, makeup assignments (e.g., papers, quizzes, tests, and presentations), connection to campus resources, and incomplete grades that can be completed later may be employed in addition to other ergonomic and assistive supports.

To the greatest extent possible, the College will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return under the same academic requirements at the time of departure without completing the regular admissions process. The Director of Accessibility Services/Section 504 Coordinator will proactively review each case to determine whether such adjustments are necessary and appropriate and will collaborate with faculty members to adjust academic parameters accordingly.

As with disability accommodations, information about pregnant students' adjustment requests will be shared with faculty and staff only to the extent necessary to provide reasonable adjustments. Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary. Administrative responsibility for these adjustments lies with the Director of Accessibility Services/Section 504 Coordinator, who will maintain all appropriate documentation related to adjustments.

In situations such as clinical placements, performances, labs, and group work, the College 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 may be 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 the Office of Accessibility Services and HCCC's support systems to devise a plan to address the best 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 Director of Accessibility Services/Section 504 Coordinator will assist with plan development and implementation as needed.

Scope

This procedure applies to all aspects of HCCC's programs, including, but not limited to, admissions, educational programs and activities, extracurricular activities, hiring, leave policies, employment policies, and health insurance coverage.

Rights of students affected by pregnancy, childbirth, or pregnancy-related conditions include the following:

HCCC and its faculty, staff, and other employees shall not require a student to limit their studies or activities due to pregnancy or pregnancy-related conditions.
The benefits and services provided to pregnant students or pregnancy-related conditions will be no less than those provided to students with temporary medical conditions.
Students with pregnancy-related conditions, like any student with a short-term or temporary disability, are entitled to reasonable accommodations and may seek assistance from the Office of Accessibility Services.
Other than deadlines outlined in corresponding policies, no artificial deadlines or time constraints will be imposed on requests for accommodations or adjustments. However, HCCC is unable to implement accommodations retroactively.
While receiving academic adjustments, students will remain registered and retain benefits accordingly.

Requesting Reasonable Accommodations

Pregnant students or students with pregnancy-related conditions who would like to request reasonable accommodations should contact the Office of Accessibility Services.
Students may disclose their pregnancy or pregnancy-related conditions via the Accessibility Service Request Form on the Office of Accessibility Services website.
Upon notification of pregnancy or pregnancy-related conditions, the Director of Accessibility Services/Section 504 Coordinator will engage in the interactive process with the student to determine what reasonable accommodations will be necessary to ensure equal access to the educational program or activity.

Reasonable accommodations may include, but are not limited to:

Providing accommodations to protect the health and safety of the student and the pregnancy, such as allowing the student to maintain a safe distance from hazardous substances if applicable.
Making necessary adjustments to the physical environment, such as accessible seating, larger desks, etc.
Extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences.
Offering remote or online learning options when possible.
Excusing medically necessary absences (this must be granted, irrespective of classroom attendance requirements set by a faculty member, department, or school).
Granting leave per HCCC's leave policies (as listed in the College's catalog) or implementing incomplete grades for classes that will be resumed at a future date.
Ensuring the interactive process is ongoing and provides the student with the opportunities to request additional reasonable adjustments as the pregnancy, or conditions from pregnancy, progress or change.
The Director of Accessibility Services/Section 504 Coordinator sharing the reasonable accommodation plan with relevant campus constituents to ensure the accommodations are effectively implemented.
The Director of Accessibility Services/Section 504 Coordinator maintaining appropriate documentation related to the interactive process for 7 years, consistent with the Title IX records retention policy.
Providing opportunity to partners of pregnant individuals access to certain reasonable adjustments and the Office of Accessibility Services for support.

Lactation

This portion of the procedure establishes guidelines for supporting lactating students at the College for as long as they desire to express milk, and applies to all HCCC students at all college locations who need to express milk while on campus.

Lactation Space Requirements

HCCC's designated lactation spaces are clean, private spaces that are shielded from view and free from the intrusion of others. The spaces across campus are easily accessible to students to express milk. Restrooms are not classified as designated lactation spaces.

These spaces are equipped with, at minimum:
- a table or other flat surface suitable to hold a pump;
- a chair;
- an electric outlet; and,
- access to running water in the room or nearby.
To maintain privacy within the lactation space, designated spaces are equipped with a door lock.
HCCC is not responsible for ensuring the safekeeping of expressed milk stored in any refrigerator. The student must store all expressed milk in closed containers, regardless of the storage method, and bring such milk home each evening.
The current list of private lactation rooms available includes:
- Journal Square Campus – Gabert Library, 1^st Floor
- North Hudson Campus – 7th Floor, Room 703

Lactation Breaks

Students will make reasonable efforts to pump between classes or outside of instruction time.
Lactating students who must express milk during their class period should keep their professors informed of their approved accommodations.
The length of time necessary to express milk is typically15-20 minutes, but there are many factors that will determine a reasonable break time, including travel time to and from the lactation space, refrigerator, personal store location for the milk, etc.
Faculty are prohibited from penalizing lactating students for taking breaks outlined in their accommodations plan to express milk while in class.
Faculty and students shall work with the Director of Accessibility Services/Section 504 Coordinator to identify solutions for making up in-class work or participation credits, as well as instruction missed.

Reasonable Adjustments for Lactation

The Director of Accessibility Services/Section 504 Coordinator will engage in an interactive process with the student and any involved faculty to ensure their educational opportunities are not diminished due to their lactation.
Reasonable accommodations may include avoiding certain chemicals or exposures, permission to eat or drink as appropriate, postponement or adjustments to fieldwork or travel, or time off as medically necessary.
Accommodations related to exam location, scheduling, and timing shall be provided as necessary to minimize disruption.

Academic Leave of Absence

Faculty, staff, or other employees shall not require a student to take a leave of absence or withdraw from or limit their studies due to pregnancy, childbirth, or pregnancy-related conditions.
Under Title IX, Hudson County Community College shall treat pregnancy and related conditions as a justification for a leave of absence for as long a period of time as is deemed medically necessary by a student's physician. Further information regarding student medical leaves of absence can be obtained by contacting the dean of each School.
To the extent possible, HCCC will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return under the same academic requirements in effect at the time of departure without completing the regular admissions process.
Students can request accommodations to their academic responsibilities under this procedure regardless of whether they elect to take a leave of absence.
Students in timed degree, certification, or credentialing programs who would like to seek adjustments regarding extensions of timing upon the birth or placement of their child should contact the Director of Accessibility Services/Section 504 Coordinator.
Continuation of students' scholarships, loans, grants, or similar college-sponsored funding during the leave term will depend on the student's registration status and the policies of the funding program regarding registration status.
The Director of Accessibility Services/Section 504 Coordinator will advocate for students concerning financial aid matters in the event that a leave of absence places eligibility into question.

Student Employee Leave

All student employees will be entitled to the protections of the Family and Medical Leave Act (FMLA), regardless of whether they are also students or hold post-doctoral status. Information regarding HCCC's Family and Medical Leave and Parental Leave policies can be found under the Human Resources Family and Medical Leave section: https://www.hccc.edu/administration/hr/benefits-pensions.html.
Pregnancy and pregnancy-related conditions will be treated as any other temporary disability for job purposes, including leave and benefits.
Pregnancy and pregnancy-related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time, after which the College will take reasonable steps to ensure employees will be reinstated to the status they held when the leave began or to a comparable position without a decrease in the rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.

Retaliation and Harassment

Harassment and discrimination of any member of the HCCC community based on sex, gender identity, gender expression, pregnancy, or parental status is prohibited as outlined in the College's Harassment and Discrimination Policy.
Faculty, staff, and other HCCC employees are prohibited from interfering with a student's right to take leave, seek reasonable adjustment, or otherwise exercise their rights under this procedure.
Faculty, staff, and other HCCC employees are prohibited from retaliating against students for exercising the rights articulated by the Sexual Harassment and Title IX Policy, including imposing or threatening to impose adverse educational outcomes because students request leave or adjustment, file a complaint, or otherwise exercise their rights under the policy. A complaint of retaliation may be pursued under the Hudson County Community College Harassment and Discrimination Policy.

Dissemination of the Procedure and Training

This procedure will be made available to students, faculty, staff, and employees on the HCCC website. The Office of Institutional Engagement and Excellence will make educational materials available to all members of the HCCC community to promote compliance with College policies and familiarity with this procedure. The Office of Institutional Engagement and Excellence regularly provides training and resources to campus community members to promote awareness around issues related to Title IX, including resources for pregnant, parenting, and lactating individuals.

Grievance Procedure

Any member of the college community may report a violation of this procedure directly to the Vice President for Institutional Engagement and Excellence/Title IX Coordinator or to any College administrator, staff with supervisory responsibilities, faculty members, or campus safety personnel who are responsible for forwarding such reports to the Vice President for Institutional Engagement and Excellence/Title IX Coordinator of Hudson County Community College under Sexual Harassment and Title IX Policy and Procedure.

All incidents or perceived incidents of sexual misconduct/harassment can be reported by completing an online Care and Concern Form or by contacting the Vice President for Institutional Engagement and Excellence/Title IX Coordinator or Deputy Title IX Coordinators by email, mail, phone call, or in person.

Title IX Coordinator:
Dr. Yeurys Pujols
Vice President for Institutional Engagement and Excellence
71 Sip Avenue, L606
Jersey City, NJ 07306
(201) 360-4628
ypujolsFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Deputy Title IX Coordinators

In addition, incidents or perceived incidents of Sexual Harassment may also be reported to any of the College's Deputy Title IX Coordinators:

Dr. Joseph Caniglia
Executive Director of the North Hudson Campus
4800 Kennedy Blvd. - 7th Floor
Union City, NJ 07087
(201) 360-5346
jcanigliaFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Dr. David Clark
Dean of Student Affairs
70 Sip Avenue – 3rd Floor- Office of Student Life and Leadership
Jersey City, NJ 07306
(201) 360-4189
dclarkFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Dr. Christopher Conzen
Executive Director, Secaucus Center and Early College Programs
1 High Tech Way
Secaucus, NJ 07094
(201) 360-4386
cconzenFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Dr. Lisa Dougherty
Senior Vice President for Student Affairs and Enrollment
70 Sip Avenue – 1st Floor
Jersey City, NJ 07306
(201) 360-4111
ldoughertyFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

John Quigley
Executive Director of Public Safety and Security
81 Sip Avenue, Mezzanine
Jersey City, NJ 07306
(201) 360-4081
jquigleyFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Appeal Process

When a student has been denied an accommodation for pregnancy or pregnancy-related conditions requested through the Office of Accessibility Services, or the student believes an approved accommodations plan it is not being implemented effectively, the individual may address the concern through the process outlined below.

Participation in this process does not release a student from their obligation to fulfill all academic and/or College requirements.

Informal Resolution Concerning Pregnancy-Related Accommodation Implementation

Students who believe their pregnancy-related accommodations have not been effectively implemented must submit a written request for informal resolution to the Director of Accessibility Services/Section 504 Coordinator, who is responsible for making the initial recommendations. The request should include:

Student's name, address, and ID number;
Description of the concern regarding the pregnancy-related adjustment determination;
Explanation of why the student believes an alternative or requested adjustment(s) should be considered reasonable;
Additional supporting information; and,
Desired outcome.

The Director of Accessibility Services/Section 504 Coordinator may ask the student for additional information about the implementation of the pregnancy-related adjustments. The information provided will be used to determine whether the pregnancy-related accommodation is being implemented effectively and, if not, the course of action to correct the implementation. Additionally, the Director of Accessibility Services/Section 504 Coordinator may determine whether additional or other pregnancy-related accommodations may be necessary.

The Director of Accessibility Services/Section 504 Coordinator will provide a written determination of whether the pregnancy-related accommodations are being implemented effectively or if further actions will be taken generally within ten (10) business days of the request for informal resolution.

Informal Resolution Concerning Pregnancy-Related Accommodation Determination

A student wishing to appeal a pregnancy-related accommodation determination should submit a written request to the Director of Accessibility Services/Section 504 Coordinator. The request should include:

Student's name, address, and ID number;
Description of the concern regarding the pregnancy-related accommodation determination;
Explanation of why an alternative or requested accommodation(s) should be considered reasonable;
Additional supporting information; and,
Desired outcome.

The Director of Accessibility Services/Section 504 Coordinator may request to meet with the student to discuss their concerns about the accommodation determination. Additional information or documentation from the student may be requested. Review processes are conducted as quickly as possible.

The student will receive a written response from the Director of Accessibility Services/Section 504 Coordinator upholding or amending adjustments decisions generally within ten (10) business days of the request for informal resolution.

Formal Accommodation Appeal Resolution

If the informal resolution processes above do not resolve the student's concerns, the student may submit a written complaint to the Vice President for Institutional Engagement and Excellence/Title IX Coordinator no later than ten (10) business days from the conclusion of the informal process.

The complaint shall include:

Student's name, address, and College ID number;
Description of the pregnancy-related accommodation denial, determination, or implementation concerns;
A copy of the pregnancy-related decision or notification letter;
Explanation of why an alternative accommodation(s) should be considered reasonable, or implementation concerns have not been addressed appropriately;
Additional supporting information; and,
Desired outcome.

Complaint Review

The Vice President for Institutional Engagement and Excellence/Title IX Coordinator will review the complaint. The review will include a meeting with the student within ten (10) business days of receipt of the complaint.

If the appeal relates to a pregnancy-related accommodation, the student should be prepared to explain why the denied accommodation is needed to address the current impacts of their pregnancy or related conditions at HCCC.

Additionally, the Vice President for Institutional Engagement and Excellence/Title IX Coordinator may consult with appropriate individuals, including but not limited to the employee who made the decision or allegedly failed to implement the pregnancy-related accommodation appropriately. The student will receive a written response from the Vice President for Institutional Engagement and Excellence/Title IX Coordinator to uphold or amend the original decision or take other additional action within ten (10) business days. The decision of the Vice President for Institutional Engagement and Excellence/Title IX Coordinator is final.

If, through the appeal process, an additional or alternative pregnancy-related accommodation is granted, then the accommodation will be granted as outlined in the decision letter. Pregnancy-related accommodations are not retroactive.

Discrimination Complaint

Individuals who believe they were discriminated against during this process or otherwise at Hudson County Community College should file a complaint through the HCCC Harassment and Discrimination Policy and Procedures. Filing an informal or formal appeal does not prevent the individual from filing a complaint through the HCCC Harassment and Discrimination Policy and Procedures or with the following:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Definitions

Caretaking: caring for and providing for the needs of a child.
Medical Necessity: a determination by a health care provider (of the student's choosing) that a specific course of action is in the patient's best health interests.
Parenting: raising a child by the child's parents in the reasonably immediate postpartum period.
Placement: the coordination, arrangement, and approval of a child entering an unrelated home or facility to be cared for on a temporary, long-term, or adoptive basis.
Pregnancy and Pregnancy-Related Conditions: include (but are not limited to) pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions.
Pregnancy Discrimination: includes treating a pregnant individual or an individual affected by pregnancy-related conditions less favorably than similar individuals not so affected and consists of a failure to provide legally mandated leave or adjustments.
Pregnant Student/Birth-Parent: refers to the student who is pregnant. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.
Reasonable Accommodations: (for this policy) changes in the academic environment or typical operations that enable pregnant students or students with pregnancy-related conditions to continue to pursue their studies and enjoy equal benefits of Hudson County Community College.
Lactating Students: include any student who expresses milk for the nourishment of a child.

Approved: July 2025
Approved by: Cabinet
Board Policy: Sexual Harassment and Title IX
Category: Campus Community
Subcategory: Title IX, Pregnant, Parenting, and Lactating Students
Scheduled for Review: July 2028
Responsible Administrative Unit: Accessibility Services and Student Affairs

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