Your Rights

We’re here to support you and help you complete your education! 

Title IX, §106.40, prohibits policies, practices, or procedures that concern current, potential, or past parental, family, or marital status that treats the student differently on the basis of sex.  Under Title IX and Gateway policy, pregnancy is defined as pregnancy, childbirth, termination of pregnancy, lactation, or any medical conditions or recovery related to any of these conditions. Gateway only provides modifications for pregnancy and related conditions. While some laws refer to pregnancy modifications as accommodations, they are essentially the same thing. The primary purpose of reasonable modifications under Title IX is to ensure that pregnancy or related conditions do not deny educational opportunities or disrupt a student’s academic progress, regardless of whether the student is enrolled full-time, part-time, or in only one or two classes.

Though not required by law, Gateway has extended these rights to a child as well, up to three months of age, as well as alleged and presumed fathers (though to a lesser extent). For example, a mother could receive a medical excuse from school for several weeks after birth to physically recover from birthing. Fathers would not be eligible for the same modification. However, the college may approve a father’s absence from class to attend a prenatal appointment.

As a pregnant student, you have the right to: 

• Not be told to drop out or change education plans
• Cannot be required to provide “medical certification or clearance”
• Be provided a private, comfortable space for lactation
• Be excused from class due to pregnancy or related conditions
• Not have excused absences count against your grades
• Be provided the opportunity to make up missed work from excused absences
• Not be harassed as the result of pregnancy or related condition

Title IX does not assist with childcare issues, bonding time or similar parenting situations and challenges. 

Under Wisconsin law, women may breastfeed their child in any area where the general public is allowed to go.

Gateway will provide a mother who has delivered a child vaginally four weeks of leave and six weeks for C-section automatically after birth of the child and proof of delivery. Longer leave times are available with proper medical documentation. 

Private Personal Needs Rooms

Gateway has designated private rooms for personal use, including lactation (breast pump and breastfeeding). Private personal needs rooms can be used for any need. 

Apply for the Title IX Pregnant Student Program

Pregnant student  services are available for all Gateway students. Complete the Application for Student Accommodation and Accessibility Services and Title IX - Pregnant Student form to apply for Title IX services.

The Title Ix Pregnant Student Reasonable Modification Process

1. Pregnant students are encouraged, but not required, to contact the Title IX Pregnant Student Program early in their pregnancy. College employees are required to inform the Title IX Coordinator for Pregnant Students of a student’s pregnancy or related conditions when informed of such a situation by a student.
2. The Title IX Pregnant Student Program will guide the student in obtaining appropriate medical documentation of their condition and the medical basis for modifications.  Gateway may not require supporting documentation unless the documentation is necessary and reasonable to determine the reasonable modifications or take other specific actions as required. Title IX regulations provide specific examples where documentation is deemed unnecessary (e.g., if the need for an action is obvious, such as to allow the student to keep water nearby and drink, use a bigger desk, sit or stand, or to take breaks to eat, drink, or use the restroom; or when the action is available to students for nonpregnancy or related conditions without supporting documentation).
3. The Title IX Pregnant Student Program  will work with the student and his/her instructors to implement the modifications. The Title IX Coordinator for Pregnant Students must also make reasonable modifications to the institution’s policies, practices, or procedures as necessary to prevent discrimination and ensure equal access, based on the student’s individualized needs and in consultation with the student. It is the student’s choice whether to accept or decline the reasonable modification, but if the student accepts, it must be implemented. Examples of reasonable modifications include, but are not limited to: breaks during class (including to eat, drink, use the restroom, or for lactation purposes), intermittent absences for medical appointments, changes in scheduling of course sequence, extensions of time or rescheduling tests, allowing students to sit or stand, allowing the student access to water, counseling, access to online or homebound education, changes to physical space or supplies, and access to an elevator.
4. The student is ultimately responsible for obtaining the appropriate medical documentation. The Title IX Pregnant Student Program  will help guide you through the process and answer all of your questions.

Documentation

There are certain situations in which you’ll need to provide medical documentation of your need for a modification (§106.40(C)(vii) of the 2024 Title IX regulations).

Examples of situations when requiring supporting documentation is not necessary and reasonable include, but are not limited to,

• when the student's need for a specific action under paragraphs (b)(3)(ii) through (v) [making reasonable modifications] is obvious, such as when a student who is pregnant needs a bigger uniform;
• when the student has previously provided the recipient with sufficient supporting documentation; 
• when the reasonable modification because of pregnancy or related conditions at issue is allowing a student to carry or keep water nearby and drink, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom; 
• when the student has lactation needs; or
• when the specific action under paragraphs (b)(3)(ii) through (v) [making reasonable modifications] is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.

See our forms and resources.