A student revealed her pregnancy AFTER accumulating eight absences and missing a crucial midterm exam. The university’s policy stipulates that accommodations are not retroactive, and instructors are not obligated to revise penalties for absences if the accommodation letter is provided later in the term. Despite this policy, I have yet to receive her accommodation certificate. Surprisingly, the dean and provost insist that I allow her to complete all missed work. What are your thoughts on this situation? Is it an instance of accommodation abuse, or is the school genuinely prioritizing student well-being?
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60"Accomodation abuse"??? What is the issue with letting her complete the work?– Jon CusterCommented Jun 29 at 15:39
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61"Is it an instance of accommodation abuse, or is the school genuinely prioritizing student well-being?" You seem to think the former for reasons we don’t know, and the dean and provost seem to think the latter for reasons we don’t know. How are we supposed to answer the question?– MisterMiyagiCommented Jun 29 at 17:13
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41Does the policy say that instructors WILL not make accommodations retroactive, or that instructors are not obligated to make accommodations retroactive?– cag51 ♦Commented Jun 29 at 18:32
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21A reminder that down votes should be used for questions that are not useful or don't show effort, not for when you think the poster is wrong about something. If someone needs information to change their mind, we should want to elevate their question so that others needing similar information find it, not suppress it.– Bryan Krause ♦Commented Jun 29 at 21:23
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16Fair/unfair to who? In what way? This question is generating an awful lot of activity despite its lack of clarity.– AnonymousCommented Jun 30 at 17:33
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13 Answers
I’ll stand with the dean and provost. Giving the person the accommodation won’t disadvantage the other students assuming you have a reasonable grading system.
There’s no reason to be tough when it can negatively affect their life.
I think the policy was designed for other situations than this.
Early pregnancy can be very difficult and there is little likelihood that she was gaming the system.
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38Plus one. Pregnancy is an extremely challenging experience in any situation, but especially as a student. The "responsible" thing to do is to immediately inform your professors so they can accommodate as appropriate, but there can be any number of emotional barriers that make even that difficult. Being a little more understanding than is strictly required will harm nobody, and may make a world of difference for her. Commented Jun 30 at 2:18
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16Especially so if the pregnancy is unplanned and/or accompanied by health and/or relationship complications, details which the student might not be eager to disclose. It's not hard to imagine that kind of situation overwhelming somebody for a couple of weeks.– G_BCommented Jun 30 at 6:27
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11I guess the regulation forbidding retroactive accommodation is intended as a countermeasure againtst students using this to trick the system, and therefore should be applied with flexibility Commented Jun 30 at 10:39
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Another bit of useful information is whether this was a difficult pregnancy episode that resulted in hardship or even hospitalization of the student. Submitting medical excuse documents was likely way down the list of priorities. Commented Jul 1 at 21:34
Is it an instance of accommodation abuse?
No. People get pregnant for many reasons, but abusing accommodations of a university lecture is never one of them.
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7
If your institution is in the United States, Title IX may legally require the university to allow a student who misses time due to pregnancy to make up missed work.
See https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201306-title-ix.html
Excused Absences and Medical Leave – your school MUST:
Excuse absences due to pregnancy or childbirth for as long as your doctor says it is necessary.
Allow you to return to the same academic and extracurricular status as before your medical leave began, which should include giving you the opportunity to make up any work missed while you were out.
Ensure that teachers understand the Title IX requirements related to excused absences/medical leave. Your teacher may not refuse to allow you to submit work after a deadline you missed because of pregnancy or childbirth. If your teacher’s grading is based in part on class participation or attendance and you missed class because of pregnancy or childbirth, you should be allowed to make up the participation or attendance credits you didn’t have the chance to earn.
Other countries may have similar laws but I am not familiar with them.
It's quite possible for someone to first discover they are pregnant due to the very symptoms that are causing them to miss class. Someone who knows they are pregnant cannot predict that they may have symptoms in the future that prevent them from attending class. This isn't the sort of thing that can be planned ahead for, it's an acute medical condition. Without knowing all the details, it could very well be a life-threatening acute medical condition.
I think you're reading the wrong policies that are meant to apply to a different circumstance. You've gotten clear instructions from the dean and provost. It's not your job to make your own determination of whether this is legitimate or not.
answered Jun 29 at 20:44
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25This is not a policy you want to go against. Any title IX or ADA non-compliance issues (or even complaints thereof) will tie you and your department up in investigations for months. This is not a hill you want to die on, especially not when your leadership has rightfully steered you in the right direction. On another note, just from the perspective of being a decent human, no two pregnancies are the same, and the symptoms can be really tough to deal with for some people.– R1NaNoCommented Jun 30 at 2:04
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15This. Our university's policies make clear that allowances for pregnancy aren't a normal accommodation; they're a separate policy that takes higher precedence. Commented Jun 30 at 2:38
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5Even from a European perspective, there is usually a distinction between plain absences and those with legitimate reasons (medical issues, death in the immediate family, force majeure,...), which are legally protected. Commented Jun 30 at 19:00
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4Just be a bit careful with interpretation of legal instruments like this. When a substantive legal obligation is imposed on an institution, courts usually accept that the institution may impose a reasonable administrative process to facilitate this, and that the administrative process might include some requirements and deadlines. In other words, a substantive legal obligation to "provide X" does not necessarily entail that you provide the opportunity for this forever, or provide it retroactively, with no requirements or deadlines.– BenCommented Jul 1 at 0:20
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6@Ben In OP's case, their boss and boss's boss are both telling them to let the student make up the work. Is this worth going to court over, on OP's behalf, without the support of their institution?– Bryan Krause ♦Commented Jul 1 at 0:40
It seems completely reasonable, to me, to allow make-up work.
To me, it's not even quite an issue of what, exactly, The Rules say, but of what is reasonable. Rules are only an attempt to formalize reasonableness, after all.
(Yes, as always, some people will attempt to "game the system", but I've come to think that that fact is not sufficient to make The Rules crazily prescriptive/restrictive.)
answered Jun 29 at 19:10
Just going from what you wrote in the question (emphasis added)
The university’s policy stipulates that accommodations are not retroactive, and instructors are not obligated to revise penalties for absences if the accommodation letter is provided later in the term.
Assuming this is an accurate description, the rules do not say you shouldn't revise the penalties in this case. They only say you don't have to. This means it's down to your discretion, and it's your duty to make the decision on the basis of what is reasonable.
Surprisingly, the dean and provost insist that I allow her to complete all missed work.
The dean and provost, your superiors in this matter, feel strongly that in this case, revising the penalties would be reasonable and refusing to do so would not.
Just to add: people are normally not in a habit of disclosing a pregnancy before entering the second trimester, that is after 3 months of being pregnant have already passed. This is advised by many, including medical professionals, as before the three month mark, natural termination is still highly likely. Nevertheless, many pregnant people experience severe symptoms especially early in the pregnancy. Looking at 8 missed classes and around 12 weeks of early pregnancy, it is completely valid that the student might have missed all these classes due to pregnancy reasons, and equally valid that they didn't disclose said pregnancy only AFTER the missed classes/assignments occurred.
Even if the rules clearly state that you can't give retroactive excuses, this is a case where you should break the rules. But the rules don't say that. They say you are not obligated to give them. Further, your bosses are both telling you do make an excuse.
Why the **** would you not?
Not covered so far (at least that I saw) is that sticking to your guns on this one is likely to damage your reputation in the department, not just with other professors, but with administrative personnel and students. Do you really want the department secretary (or whatever title is used) to tell other students "That's the professor who wouldn't excuse a pregnant woman?" Do you want this posted on RateMyProfessor or similar sites?
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1Absolutely this. IMHO strong wording is needed to convey the message to OP: Arbitrarily enforcing hard rules (esp. it not mandated) on a pregnant woman is a major AH move. No two ways about it. Try to be a decent human being.– fgysinCommented Jul 10 at 8:55
In my experience the "no retroactive accommodations" policy is for the instructors' benefit. It's to encourage students who already have a diagnosis to not bomb instructors with these requests during the last week of class. What happens is that every semester a student with, say, ADHD knows to get an accommodation letter for each class, and is told to give them to instructors the first week because of the "you don't get any accommodations until they get the letter" policy. Denying such a student retroactive make-up tests and extra time (often past when grades are due, on months old assignments) seems fair since they definitely knew about the policy; and it may help out future instructors.
Obviously, with a pregnancy none of that is true. They wouldn't even necessarily know accommodations exist, or how to get them. There's no aspect of "you knew the rules and didn't follow them" to enforce.
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4Something kind of ironic about picking out ADHD - a condition that specifically inhibits ones ability to comply with this kind of policy - as your example, don't you think? Commented Jun 30 at 10:18
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4@JackAidley I put that there because the vast majority of forms I got were for ADHD (well, ADD -- it was before the name change) and I assumed Student Health tells Fresh-people "now that you've checked-in with me, here's a form, put it with your class stuff, you have to give it to your instructor first thing". I wouldn't say it inhibits remembering to hand over a form. Maybe makes it 5% more likely than a typical college student in the crush of al that newness and independence. Commented Jun 30 at 15:26
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2@OwenReynolds Speaking as someone with ADHD who also has a lot of experience supporting other ADHD folks: this sort of instruction ("don't forget to do X first thing") is exactly the kind of thing that ADHD folks almost invariably have trouble with, and are often unable to complete - whether it is due to executive dysfunction, simply forgetting, or a number of other factors. This policy punishes disability. "Knowing the rules" is irrelevant if you literally cannot follow them. Commented Jun 30 at 20:45
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1"No retroactive accommodations" is also often an administrative necessity. In my department accommodations often take the form of adjusted examination rules, and I had cases of people coming to me at the start of the exam requesting to take the exam orally instead, or in a different extra-silent room. Unsurprisingly these requests are all much, much easier handled if you know about them two weeks ahead.– xLeitixCommented Jul 1 at 9:03
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2@JackAidley Unfortunately these things are the norm all across the western world. In Sweden there is a saying "you need to be very healthy to have the energy to be sick" (since dealing with health insurance to get sickness benefits is often just as draining as doing your job).– xLeitixCommented Jul 1 at 9:06
Once the Dean and Provost looked into the situation, the one thing you can usually safely assume is that they know stuff you may not be entitled to know. Do what they say, keep them apprised of any developments, and move on.
answered Jul 2 at 2:23
I'd suggest to treat this like other medical conditions that can have acute aspects. I.e., do give accommodation according to what the medical certificate says once you have it. Or do what administration tells you to do once they have it.
Since dean and provost have told you to give accomodation, go with that.
I suspect that the university cannot sensibly have any other policy than saying certificates handed in after the fact may or may not be accommodated.
Some accommodations are impossible to implement retroactively.
E.g., it is impossible to undo chemical wet lab work involving teratogenic substances which was done before a pregnancy was known, nor can long working hours be undone, etc. (These are legally prohibited during pregnancy where I am. The requirements start the moment the employer or university has knowledge of the pregnancy.)
For some medical attestations, it is impossible to hand them in beforehand.
This applies to pretty much all acute medical issues that render someone unable to work: you are unable to work -then-> go to doctor -then-> hand in certificate. While it may be possible to hand in the certificate same day, particularly for serious medical issues this can be considerably later. E.g., where I am, hospitals issue the certificate only the day when the patient is leaving.
Particular unable-to-work medical certificates (as opposed to the generally required accommodation for pregnancy) are generally not issued retroactively since the MD certifies that the patient is unable to work now, date and that they judge this to last for the next x days. My guess is that this applies also to pregnancy-related issues, even though it's easier to know that the patient was already pregnant last week than it is that they already had as bad an infection last week.
But that's the MD's business, not yours.
I may add that where I am, you cannot conclude too much if you meet a student at university (or hear from colleagues that they take an exam) who has handed in to you an unable-to-work certificate.
Unable-to-work* is a black-and-white decision by the MD over here. A student's medical certificate will thus always show 100 % inability to work. Nevertheless, the student is allowed to work/study voluntarily. I.e., a student with a leg injury may be certified unable to work because they cannot do the standing work in the lab, but they may decide to do their homework/learn at home, and show up in some lectures or exams.
While the same is true for employees, the incentive to do the studies that are actually possible is obviously higher for a student.
* there are in addition "cannot perform work of type x" or "needs accommodation x to perform work of type y" certificates, which may be issued for pregnancies or chronic diseases/disabilities but are otherwise AFAIK unusual.
Last but not least, some universities over here require far more medical details from students (particularly if missed exams are involved) than an employer can legally request. (Comes up as a legal issue in the media every once in a while. Personally, I don't think universities should be allowed to get any more details than employers get. If they have a grounded suspicion that medical certificates are falsified, they can involve a medical officer who will issue a certificate about [in]ability but not reveal medical details.)
If your university has similarly intrusive habits, I'd recommend to tell your students to show their certificates only to the disability or exam office, whoever is allowed to see such things - and yourself to give accommodation as administration tells you but stay clear of student medical data.
For the given case, the dean and provost saying to accomodate may be a sign that medical certification has arrived either higher up in the department, or in the university administration.
The top line question is whether this situation is "fair". In short: You should give the make-up work unless it significantly exceeds your typical workload and complain later if there's anything to complain about. I think it's healthier to position yourself as mentally on the student's side, while also knowing that you're not required to provide excessive free labor to fulfill the university's obligations.
The university has promised the student an opportunity to access instruction and be examined in return for payment. Since disruptions can occur that neither the student nor university can control, the university has a policy to determine that happened and how they'll make a student whole.
As the instructor, part of your job is to fulfill a teaching obligation on behalf of the university. Customarily, you have certain obligations and freedoms:
- You have freedom to choose your instructional methods and examination methods within the context of your discipline.
- You have an obligation to dutifully cover material for the class's subject and to conduct examinations in a fair and reasonable way.
- You are customarily expected to decide and execute, amongst other things, alternative arrangements to fulfill the university's obligation in the case of minor instances of disruption under the university's policies.
Your anecdote
The university's excuse policy and determination under it
It's impossible for random people on the internet to determine (1) If your university's policy is reasonable, and (2) Whether your university's policy was followed. It sounds within-scope for places I've worked, but we don't have the details. If the policy was followed but you disagree with it, you can bring up your disapproval through shared governance channels later. If the policy was not followed, you could bring that up with your chair, union, or university ombud as appropriate.
You should probably provide make-up material that's within scope of your obligations even if you think policy isn't being followed. That's because you could screw the student in a hard to fix way if you're wrong.
Your interests as instructor
As the instructor, your rights and obligations can come into play here:
- You certainly have a right and probably obligation to recommend an appropriate course of action that you think best fulfills the university's obligation to offer make-ups and examinations under their policy. Part of your consideration should almost certainly be fairness, i.e., in what way you can examine the student such that their examination is commensurate with the one you gave the other students.
- It may be that the only viable remedial plans would require you to conduct additional work that exceeds your contracted instructional obligations. If you think you're in that situation, document and communicate your reasoning carefully to your chair and be prepared to negotiate in a reasonable way. Make estimates of the labor required to execute the plan. They had best far exceed your typical workload. If you have a union, think about keeping them informed.
I'm a little surprised by the direction these answers have gone. Yes, people with health conditions like pregnancy deserve (legally and otherwise) certain accommodations. But even so, there is a certain process that has to be followed. This student has missed many classes, missed a midterm, has requested a retroactive accommodation, but still has not presented the required documentation. So, I understand your concern about "accommodation abuse."
As others have mentioned, I would start by checking that your policy is clear and does not violate any university-wide policies (nor any statutes like Title IX). I would also strongly suggest that your policy requires all medical determinations to be made by your university's disability office. You do not want to be in the awkward position of judging the severity of health issues.
If your policy is valid and reasonable, then it is best to follow your policy whenever possible. If you make lots of exceptions, there is little point in having a policy. So again, I understand your unwillingness to "knuckle under." On the other hand, the reality is that unless you are very senior, going against both your provost and dean might not be a good idea. (They are likely concerned about being accused of a Title IX violation, as mentioned in Bryan's answer.)
So in summary: it's certainly possible that your policy is reasonable and the student is trying to use their pregnancy to avoid the consequences for having been irresponsible. But are you absolutely sure that is what's happening here? Can you prove that your policy is OK and your student failed to follow it? Even if you are sure and have proof, you do not have your bosses' support...so is this a hill you're willing to die on? If not, you may have to let this slide...in which case, I would update your policy to reflect the reality of what you are allowed to do in your institution's climate.
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1Given your surprise, I would explain that the situation the OP describes is either nonsensical or reprehensible. Either they've misunderstood the policy, or the policy is ridiculous because it would not be possible to obtain anything but retroactive accommodation for an unexpected medical event. The lack of particular documentation is accompanied by specific direction from superiors who would ordinarily be the people making decisions about exceptions to policies if it were necessary to make such exceptions; OP has their instruction as documentation.– Bryan Krause ♦Commented Jul 2 at 19:45
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I would have expected the disability office to review the situation and determine the necessary accommodation (which might include retroactively excusing work). It sounds like this might have happened, but OP has still not received this decision (passing it along it apparently the student's job). If OP eventually receives this decision, then they should follow the instructions and the whole issue is moot. But the many downvoters seem to feel that pregnant students should be excused from anything and everything even without this process; this does not seem reasonable to me.– cag51 ♦Commented Jul 2 at 20:43
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2I'm not a downvoter, but I am in the disagreement column, but not because I feel pregnant students should be excused from anything or everything. It's pretty obvious, though, that the Dean and Provost have been approached. Presumably, they've heard enough of the student's story to have justified an instruction for the professor to accommodate the student. The prof has no basis to assume he knows more than those people. There may be protected health information that the student chose not to share with the professor that they shared with higher-ups. Commented Jul 2 at 21:13
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1The higher ups are also in a position to see the student's complete record of every interaction with the school. The professor is not. The Chief Academic Officer of the University gave the prof instructions on how to proceed here, and there's no reason to assume those officers don't know what they're talking about. Commented Jul 2 at 21:16
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The whole situation seems a bit strange (likely we don't have the full story). It sounds like the normal process is that an "accommodation certificate" is brought to the instructor. Why was that not done in this case? Why did the student instead approach the provost? Why doesn't the provost just tell the student to deliver the certificate? If the university doesn't follow its policies, why have policies? IF the story as told is accurate, then I understand OP's frustration...though in any case, following the bosses' instructions is probably the right move.– cag51 ♦Commented Jul 3 at 0:00
Such accommodations are normally retroactive. When someone is unable to continue schoolwork due to medical matters, they are often also unable to chase down every instructor and get excused from courses. Once they deal with the medical matter, they simply inform the instructor where they've been, so that the appropriate make-up exams etc. can be offered to them.
If I take your brief description at face value, you university has an illogical policy in forbidding this. I wonder if you misinterpreted it somehow. Regardless, even if your understanding is correct, clearly the dean and provost recognize the policy as poor, and want to overrule it. Do as they say. Even if you run afoul of some procedural quirk, the responsibility for it rests on the dean and provost now - you're not risking anything.
Procedure aside, there is nothing unfair or unethical about granting this accommodation. Pregnancy is difficult and it is almost universally accepted that things like exams have lower priority than giving birth. It is considered preferable to inform people of your pregnancy ahead of time, but by no means required. Some women do not became aware they are pregnant until the very end, and sometimes they are compelled to hide it for their own safety or other similarly serious reasons.
University being the cradle of free thinking that it is, you may find some people who think pregnancy is "no excuse" and it was the student's responsibility to avoid it - mostly students, although might be staff as well. However, this is not an opinion accepted by the mainstream and IMO safe to ignore (unless you yourself hold it, I suppose).
Also, bear in mind that depending on your country and local laws, it may be illegal to refuse this accommodation regardless of what your institutional policy says.
