Schools Behaving Badly: More Pregnancy Discrimination Brings New NWLC Complaint

When it comes to protecting the rights of pregnant and parenting students, the National Women’s Law Center’s work is never done. It was not too long ago that we settled a complaint against the CUNY system in New York City on behalf of Stephanie Stewart, whose professor did not excuse her pregnancy-related absences. Today, we are filing another complaint with the U.S. Department of Education’s Office for Civil Rights, this time on behalf of Brandi Kostal, a student in a joint Masters of Science in Nutrition and Doctorate of Chiropractic program at Logan College of Chiropractic in St. Louis.

When Brandi had an emergency c-section in the middle of last term, one of her top concerns was finishing her courses so she could stay on track and graduate on time. But Logan College’s absence policy is incredibly strict: absences are only excused for jury duty or military service, and for many classes, missing just 2 sessions would push her into “attendance failure.” Brandi was doing well in her doctorate classes and did not want to withdraw or be penalized for her absences, which were the only options she was given. So she returned to her hectic class schedule just 11 days after her complicated surgery. She was in great pain, could not take her pain medications so she could drive, and had to stop breastfeeding her 11-day old infant.

In two online master’s courses, Brandi asked the professor to give her “Incomplete” grades and allow her to make up the course work within a short period, and she thought the professor was agreeable. But when she got her transcript, she had been issued failing grades — yes, Fs — in two classes. Now, if Brandi wants to get her masters degree, she has to re-take the classes — and pay for them again, and delay her graduation.

As was the case for CUNY, Logan College’s attendance policy and its implementation isn’t just an inconvenience for pregnant students; it also violates Title IX. Title IX protects a pregnant or parenting student’s right to excused absences for pregnancy-related reasons, and also requires schools to allow returning students to come back to the program with the same status they held when their leave began. As the Department of Education recently reminded schools in its very recent guidance on the subject, students — including those in postsecondary schools — who miss classes due to pregnancy and related conditions must be given the opportunity to make up work they miss, so they are not penalized for those absences.

We hope that complaints like these will further remind colleges and universities of their obligations under Title IX, so they enact policies and adopt practices that support pregnant students in their pursuit of an education, not discourage them and push them off track.