Title IX in college

[willie_white]

What is the name of your state (only U.S. law)? California

Hi, I'm an international undergraduate student in California under F1 Visa.
I'm currently pregnant and have a complication, that requires me to be on bed rest (I have doctor's note that states that).
My school doesn't offer leave of absence (LOA), with the exception for graduate pregnant students. Also according to its policy non-attendance for 35 consecutive days results in withdrawal, and since I'm an international student, I would have to leave the country immediately. They emailed my with this policy, and after I confronted them with Title IX, they said that LOA is only offered to graduate student, but after research, they have "good news" for me. I can request to be withdrawn from this semester (get W in my classes) and still legally stay in the country according to: 8 C.F.R. � 214.2(f)(6)(iii)(B).

However, according to 34 C.F.R. �106.40 (b)(5):

"In the case of a recipient which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began."


My question are: is my college following Title IX or not? cause it seems that offering LOA to graduate students and not offering it to undergraduate is not following the law.
Also, would withdrawal for semester with W be equal to leave of absence? Is "W" considered to be affecting my grade?

I'll appreciate any advice in my situation.

 

[quincy]

What is the name of your state (only U.S. law)? California

Hi, I'm an international undergraduate student in California under F1 Visa.
I'm currently pregnant and have a complication, that requires me to be on bed rest (I have doctor's note that states that).
My school doesn't offer leave of absence (LOA), with the exception for graduate pregnant students. Also according to its policy non-attendance for 35 consecutive days results in withdrawal, and since I'm an international student, I would have to leave the country immediately. They emailed my with this policy, and after I confronted them with Title IX, they said that LOA is only offered to graduate student, but after research, they have "good news" for me. I can request to be withdrawn from this semester (get W in my classes) and still legally stay in the country according to: 8 C.F.R. � 214.2(f)(6)(iii)(B).

However, according to 34 C.F.R. �106.40 (b)(5):

"In the case of a recipient which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began."


My question are: is my college following Title IX or not? cause it seems that offering LOA to graduate students and not offering it to undergraduate is not following the law.
Also, would withdrawal for semester with W be equal to leave of absence? Is "W" considered to be affecting my grade?

I'll appreciate any advice in my situation.

With authorization from the school's Designated School Official (DSO), you can withdraw from your classes for a medical condition (pregnancy) for up to 12 months with no grade or fee consequences.

The Designated School Official is defined in 8 CFR §214.3(l)(1)(i). Here is a link: http://www.nafsa.org/_/file/_/amresource/8cfr2143.htm

The authorization for withdrawal is outlined in 8 CFR §214.2(f)(6)(iii)(B), as you noted. Here is a link: https://www.law.cornell.edu/cfr/text/214.2

There is usually a deadline for withdrawals from classes and, if a student misses the withdrawal date, there is often an effect on grades and on the fees paid for the class. But with an authorized medical withdrawal, you should not have a problem with this. What the withdrawal from classes will mean for you is that you will get no grade or credit for the courses you withdraw from, and you will have to repeat the courses in their entirety when you return to school. You cannot pick up the class where you left off.

You should contact your school's DSO for the authorization you will need to withdraw from the courses you are currently taking, and you should discuss with the DSO any additional concerns you have.

Good luck, willie_white. I wish you a healthy pregnancy.



(here is a link to 34 CFR Part 106, on nondiscrimination - scroll down for 106.40(b)(5): https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html#S40)

 

[willie_white]

Thank you for your response! I've tried posting a reply a few times before but my posts were sent for moderation.

I have a question on whether a "W" would be considered to be affecting my grade? My school's policy is the following:

If you withdraw during week 1 of classes, you receive no penalty. (Nothing shows up on the transcript)
If you withdraw during weeks 2-9 of classes, you receive a "W" grade. (It doesn't directly affect the GPA, but it affects the rate of completion and shows up on the transcript)
If you withdraw during weeks 10-13 of classes, you receive a "WF" grade. (Which affects the GPA).

I'm already past the first deadline, but I have a few days left for the second deadline. The school informed me that if I submit a request for no course load by the end of this week (it's week 9 right now), I will receive W grades on my transcript.

To me it seems like W is still a penalty and will negatively impact my transcript, especially if I choose to transfer to another school. I wouldn't have gotten that W, if not my medical condition. However I might be misunderstanding something.

Do I have a right to be withdrawn without receiving W grades in my classes? I can't figure out if it counts as something that affects my grade or not?

I appreciate your time!

 

[quincy]

Thank you for your response! I've tried posting a reply a few times before but my posts were sent for moderation.

I have a question on whether a "W" would be considered to be affecting my grade? My school's policy is the following:

If you withdraw during week 1 of classes, you receive no penalty. (Nothing shows up on the transcript)
If you withdraw during weeks 2-9 of classes, you receive a "W" grade. (It doesn't directly affect the GPA, but it affects the rate of completion and shows up on the transcript)
If you withdraw during weeks 10-13 of classes, you receive a "WF" grade. (Which affects the GPA).

I'm already past the first deadline, but I have a few days left for the second deadline. The school informed me that if I submit a request for no course load by the end of this week (it's week 9 right now), I will receive W grades on my transcript.

To me it seems like W is still a penalty and will negatively impact my transcript, especially if I choose to transfer to another school. I wouldn't have gotten that W, if not my medical condition. However I might be misunderstanding something.

Do I have a right to be withdrawn without receiving W grades in my classes? I can't figure out if it counts as something that affects my grade or not?

I appreciate your time!

The withdrawal from your courses with a medical excuse and authorization from the DSO will not affect your GPA. A regular withdrawal from classes after the last date to withdraw will affect the gradepoint and the cost of the course will not be refunded. This is not so in your case.

Again, I recommend you consult with the DSO and have your questions and concerns addressed personally by the person who knows best about your situation.

(I am glad you were able to respond to the thread, willie_white - it must have been the quoting of my links that sent your posts to moderation)

 

[willie_white]

Thank you. The problem is I don't trust my school's DSO. She was the one threatening me with deportation, until I did research and brought up Title IX. Surprisingly, she's also a Title IX coordinator. I just recently found out that the school has had problems in the past about lying to students and misrepresenting facts, tricking students into enrollment. They lost a lawsuit and paid a huge fine. They never admitted to doing anything wrong and continue doing that. Happened to me personally.

Based on that, I unfortunately do not believe anything they tell me, so I'm trying to find information regarding my rights using other sources.

Again, I appreciate your time and help!

 

[quincy]

Thank you. The problem is I don't trust my school's DSO. She was the one threatening me with deportation, until I did research and brought up Title IX. Surprisingly, she's also a Title IX coordinator. I just recently found out that the school has had problems in the past about lying to students and misrepresenting facts, tricking students into enrollment. They lost a lawsuit and paid a huge fine. They never admitted to doing anything wrong and continue doing that. Happened to me personally.

Based on that, I unfortunately do not believe anything they tell me, so I'm trying to find information regarding my rights using other sources.

Again, I appreciate your time and help!

Although I do not think this is something that generally would need an attorney's review, if you do not trust the DSO at your school then you might want to sit down with a lawyer in your area to make sure your best interests and your rights are protected.

Good luck.

 

[willie_white]

Any advice on how I could find affordable attorney that would be willing to work with me online, since I'm not allowed to leave my house? Also the school says, that I have to submit the withdrawal request by Friday, to receive W grades. Should I submit the request and then discuss the matter with an attorney, or risk getting WF's and having to fight those if I miss the deadline? Sorry for so many questions.

 

[quincy]

Any advice on how I could find affordable attorney that would be willing to work with me online, since I'm not allowed to leave my house? Also the school says, that I have to submit the withdrawal request by Friday, to receive W grades. Should I submit the request and then discuss the matter with an attorney, or risk getting WF's and having to fight those if I miss the deadline?

I would think it smarter to submit your withdrawal request by the date the school wants it submitted.

You can contact the California Bar Association to see if you can find an attorney in your area who is willing to either meet with you at your house or advise you online. Here is a link: http://www.calbar.ca.gov/

Good luck.

 

[willie_white]

Thank you very much!

 

[quincy]

You're welcome, willie_white. Good luck with the withdrawal from your courses and especially with your pregnancy.