Guidelines for Academic Pregnancy Accommodations
UVA is committed to ensuring that students receive reasonable academic accommodations when their pregnancy and related conditions (childbirth, false pregnancy, termination of pregnancy, or recovery there from) as well as lactation needs, conflict with academic requirements. Below are guidelines to assist students and instructors with the pregnancy accommodation process.
Here are tips to proactively consider when you plan your course schedule, and guidelines to evaluate and respond to Pregnancy accommodation requests.
- Use Inclusive Language for Syllabi
- EOCR has created template statements regarding academic accommodations for disability, pregnancy, and religion. There are two versions: the full version and a shorter version, which directs to a full version.
- Review the syllabus language in class. Verbally share the information on the first day of class and remind students that they should approach you as soon as possible to request accommodations.
- Please note that reliance on a class-wide absence policy (e.g., students allowed to miss a certain number of classes or use a certain number of grades) in response to a student requesting a pregnancy accommodation will not generally satisfy the requirement to provide a pregnancy accommodation.
View the Shortened and Full Versions of sample language for your syllabus.
As your instructor, I am committed to providing a safe learning environment where all are welcomed and valued. I care about your success and well-being and encourage you to contact me to discuss individual concerns or requests with respect to the course.
This includes letting me know if you have a disability-related request for accommodation or an accommodation request for pregnancy (including childbirth or related medical conditions), or religion. For disability and pregnancy-related accommodations, you may also contact the Student Disability Access Center (SDAC) directly, and the Office for Equal Opportunity and Civil Rights (EOCR) for religious accommodations.
- Evaluating a Request
- EOCR recommends that students submit their request to their instructor by email but they are not required to do so.
- Promptly evaluate the request, taking into account the specific facts of the request, and ensure you handle it in a confidential manner. Factors that may be considered include:
- the requirements of the course, including format;
- the duration of the request; and
- the availability of alternative accommodations that would eliminate the conflict.
- If the requested accommodation does not constitute an undue hardship or fundamentally alter the course (see below), you should approve the request. EOCR recommends emailing the student to memorialize that you are granting their request. Any makeup work or exam assigned as part of the accommodation should be appropriately related to course objectives and should be intrinsically no more difficult than the original exam or assignment.
- If you do not believe you can provide the requested accommodation, you may propose an alternative accommodation. The alternative accommodation must be substantially similar or equivalent and cannot result in the student having to complete a more difficult exam, assignment, or requirement than the original.
- When to consult with EOCR
- Instructors are not required to provide an accommodation that fundamentally alters their course or constitutes an undue hardship. What constitutes a fundamental alteration or undue hardship is based on an individualized assessment and determined on a case-by-case basis.
- Undue hardship occurs when granting a requested accommodation would require more than a minor expense or difficulty for UVA or would result in the inability of the student to perform an essential function or to fulfill an essential element of the University program or activity.
- If upon a good faith evaluation of the course/assignment objectives, you do not believe a reasonable academic accommodation is possible due to undue hardship or fundamental alteration, you should consult with EOCR by emailing [email protected] before denying the request.
- EOCR encourages students to review the syllabus and submit pregnancy accommodation requests as soon as possible when possible. If the student fails to provide enough advance notice, under certain circumstances, the lack of notice may create an undue hardship and you would not be required to provide the accommodation. If you believe the timing of the request would create an undue hardship, please contact EOCR immediately.
- In general, a student does not need to provide you with medical documentation if the pregnancy or related condition is obvious. If you believe you need additional information to evaluate the request, you must consult with EOCR first before requesting the information.
- Instructors are not required to provide an accommodation that fundamentally alters their course or constitutes an undue hardship. What constitutes a fundamental alteration or undue hardship is based on an individualized assessment and determined on a case-by-case basis.
- Prohibition on Retaliation
- Retaliation is prohibited against students who request pregnancy accommodations. This applies whether or not you grant the request.
Here are tips on how to request pregnancy accommodations and the accommodation process.
- Review syllabus and communicate as soon as possible
- Review the entire syllabus during the first week of class to determine if you may need an accommodation.
- Communicate early with your instructors. We recommend that the request be made as soon as you are aware of a potential conflict and at least 14 days in advance. This will allow you and the instructor time to discuss your request or potential alternatives.
- Requests that are not submitted with sufficient notice may constitute an undue hardship in the academic and employment settings and the accommodation might not be granted.
- How to request an accommodation
- The first step in requesting pregnancy accommodations is to raise the need directly with your instructor. EOCR recommends submitting the request by email. When you submit a request, it is helpful to provide the following information:
- an explanation that you are seeking a pregnancy accommodation or a pregnancy-related accommodation;
- the specific academic accommodation(s) requested (e.g., an extension on an assignment, leaving class for breaks, an alternate test date, etc.); and
- whether you will need the accommodation more than one time during the course.
Below is an example of the type of email you could send:
Subject: Pregnancy Accommodation for [Course Number]
Dear [Name],
I am enrolled in your course, [course name and number/section]. I am writing to request a pregnancy accommodation. I would like to request [description of the accommodation you are seeking]. This conflicts with [name of assignment or test] that is listed on the syllabus.Thank you for your consideration. Please let me know if you have any questions or need additional information.
Sincerely,
[Name]
- The first step in requesting pregnancy accommodations is to raise the need directly with your instructor. EOCR recommends submitting the request by email. When you submit a request, it is helpful to provide the following information:
- Granting requested accommodations or alternatives
- Your instructor will let you know once they grant the request and will provide additional information about making up the assignment, taking the exam, etc.
- Keep in mind that a reasonable accommodation may not be your preferred accommodation and the instructor may propose an alternative accommodation that they believe is reasonable and addresses the student’s needs.
- Instructors must balance a variety of factors in making accommodations, including the academic requirements of the course or program. An instructor is not required to provide an accommodation that would fundamentally alter the course, program, or activity, or create an undue hardship.
- Your responsibilities for missed classes
- Please note that being absent from class or other educational responsibilities does not excuse you from keeping up with any information shared or expectations set during the missed class(es). You are responsible for obtaining this information and any material provided during missed class(es).
- When to consult with EOCR
- If you and the instructor cannot agree about the accommodation or the instructor believes they need to deny your request, the faculty member should consult with EOCR. You may also contact EOCR by emailing [email protected].
- If you submit a request but do not receive a response within a few days, you should follow up with the instructor. If you do not receive a response in a timely manner, please contact EOCR.
- Prohibition on retaliation
- The faculty member is prohibited from retaliating against you because you requested a pregnancy accommodation. If you feel like you are being penalized because you requested an accommodation, contact EOCR. You are protected from retaliation whether or not the faculty member granted the request.
Below are a few common questions and answers. If you do not see your question below, please email EOCR at [email protected].
ABOUT PREGNANCY ACCOMMODATIONS
- What is a reasonable academic accommodation?
A reasonable academic accommodation is any change in an academic course or program of study with respect to the way tasks or responsibilities are customarily done, that ensures the student has an equal opportunity to access or participate in the University’s educational programs and activities and does not include: (i) substantial modifications to academic standards; (ii) modification or adjustment of requirements essential to any program of instruction, program or activity, or essential to any directly related licensing requirement; or (iii) modifications or adjustments that result in undue hardship.
REQUESTING A PREGNANCY ACCOMMODATION
- How does a student request an academic accommodation?
The student should submit a request to the course instructor. It is recommended that the request be made as soon as the student is aware of a potential conflict to allow sufficient time for the student and the instructor to engage in an interactive dialogue to identify an appropriate accommodation.
- How far in advance does a student have to request an accommodation?
Students should request accommodations as soon as possible. We encourage students to submit their request at least 14 days in advance but recognize that for pregnancy accommodations that may not be possible. In some circumstances, failing to request an accommodation advance may impact the student’s ability to receive an accommodation.
If the student does not know the specific date on which the accommodation will be needed, the student should provide advance notice about the general timeframe and provide the date as soon as the student learns it.
- Do students need to provide documentation?
In general, a student does not need to provide documentation about their pregnancy or related medical condition if the pregnancy or related medical condition is obvious. If an instructor or faculty member believes they need this type of information to evaluate the request, they must consult with EOCR first before requesting the information.
ADDRESSING REQUESTS
- If an instructor knows about a student’s pregnancy, do they need to ask if the student needs an accommodation?
The instructor should not make assumptions about a student’s pregnancy and should not ask if a pregnancy accommodation is necessary absent a request from the student. However, the instructor should take proactive steps to include information about accommodations in their syllabus, and verbally share information about accommodations on the first day of class and remind students to approach the instructor as soon as possible to request accommodations.
- What can an instructor ask a student when they receive a request?
If the request is unclear, the instructor may ask for information to clarify what accommodation the student is seeking and whether another type of accommodation would address the student’s needs.
In general, a student does not need to provide documentation about their pregnancy or related medical condition. If an instructor or faculty member believes they need this type of information to evaluate the request, they must consult with EOCR first before requesting the information.
The instructor should make every effort to grant a reasonable academic accommodation. In general, when students have notified an instructor that they will be absent from class for a pregnancy or related medical condition on days of examinations or class assignments, the instructor must offer the student an opportunity to make up the work without penalty. The makeup work should be appropriately related to course objectives and should be intrinsically no more difficult than the original exam or assignment. The instructor must handle requests for reasonable academic accommodation for pregnancy in a confidential manner. If upon a good faith evaluation of the course/assignment objectives the instructor does not believe a reasonable academic accommodation is possible, the instructor should contact EOCR before denying the request.
ACCOMMODATION EXAMPLES
- What are examples of reasonable academic accommodations?
Pregnancy accommodations are determined on a case-by-case basis. Examples of potential accommodations are taking breaks during class; rescheduling an exam; offering a make-up exam; rescheduling an individual or group presentation; allowing a student to attend a different discussion section for the same class that week; adjusting a due date; or assigning appropriate make-up work that is substantially similar or equivalent and is not more difficult than the original exam or assignment.
ADDRESSING CONFLICTS
- What may a student do if the instructor denies their accommodation request and the instructor will not reconsider the decision?
Failure to provide a pregnancy accommodation may constitute a potential violation of the Preventing and Addressing Discrimination and Harassment Policy. We encourage you to contact EOCR if your request was denied. EOCR may be able to provide informal assistance by contacting the faculty member. If informal assistance is not available, you can file a complaint under Preventing and Addressing Discrimination, Harassment, and Retaliation (“PADHR”) Complaint Procedures and request resolution with EOCR.
- What can a student do if their request was granted but they believe the instructor is penalizing them because of the request?
UVA prohibits negative or adverse action being taken against individuals who request accommodations for disability, pregnancy, or religion. This type of action may be considered retaliation. If you believe you have experienced retaliation, you may file a complaint with EOCR. For more information, please visit the PADHR Complaint Procedures webpage.