1. Purpose/Abstract
The University of Derby is committed to providing an inclusive, supportive environment, in which all students can achieve their full potential. The University is therefore committed to supporting all students who are or become pregnant; terminate a pregnancy; experience miscarriage, still birth or neo-natal death; or welcome new children to their families, to have an excellent student experience and outcomes.
2. Introduction
Under the Equality Act 2010 pregnancy and maternity are protected characteristics and under this legislation, a student who is pregnant, or has given birth within the last 26 weeks, is explicitly protected from less favourable treatment. Additionally, a student who is nursing is now explicitly protected from less favourable treatment in the areas of education and provision of services.
The University is committed to ensuring that all students are treated equitably. The University is respectful of the diversity of its student community, and that responsibilities relating to pregnancy and familial relationships may manifest in a number of different ways.
This policy seeks to be fully inclusive of any family relationships that students may have, and to ensure that all students impacted by the birth of a child, the introduction of a child into their family, or the loss of child, have access to the appropriate levels of support and flexibility.
3. Scope
This policy applies to all students registered on a programme of study at the University of Derby.
To ensure that this policy is fully inclusive, the provisions within it apply to students who fall into the following categories:
- Students who are or become pregnant, have given birth within the last year, have had a termination or experienced miscarriage, still-birth, or neonatal death within the last year, become a parent through surrogacy, or are fostering or adopting a child.
- Students who are co-parents of a child born (including through surrogacy), fostered, or adopted, or who have been affected by termination or miscarriage, still-birth or neonatal death within the last year, whether or not they are in a relationship with the parent involved.
- Students who have a partner who is pregnant, has given birth within the last year, has had a termination or experienced miscarriage, still-birth or neonatal death within the last year, has become a parent through surrogacy, or is fostering or adopting a child, whether or not the student is considered a parent of the child.
The provisions within this policy also apply to applicants who will fall within the categories set out above at the time of joining the University.
Out of Scope
Staff pregnancy, maternity, paternity, and parental leave is excluded from this policy. Policies relating to staff are available from our People, Culture and Talent Team.
In addition, Derby Theatre is out of scope for the purposes of this policy as a subsidiary to the University. It has in place a separate policy and procedure.
4. Definitions
The term "student" will be used to describe any student registered with UoD on a programme of study.
The term “family leave” is used to describe a period of leave, usually of up to one academic year, which may be taken by any student falling within the scope of this policy.
The term “pregnancy risk assessment” is used to describe an assessment undertaken to identify risks to a pregnant student or applicant and the unborn child, and to identify actions, modifications and reasonable adjustments to ensure the safety, health and wellbeing of the student or applicant and the unborn child.
The term “student support plan” is used to describe a document which sets out the support arrangements for an individual student.
The “term support arrangements” is used to describe particular arrangements made to support a student who falls within the scope of this policy. This might include arrangements for health-related absences, pregnancy appointments, risk assessments, reasonable adjustments, return to study or authorised break of study (ABS)
5. Policy Statement
5.1 Pregnancy - Where a student or applicant has disclosed that they are pregnant, the following steps should be undertaken:
- Where the student has been identified as having a low-risk pregnancy (has no other support needs known to Student Services and/or is not in a high-risk teaching environment, and/or no medical complications) they will work with their academic team to ensure implementation of any reasonable adjustments. Advice and guidance for academic staff is available from Student Services where appropriate. If academic staff determine that the pregnancy is indeed high risk, then Student Services will lead on arrangements in consultation with the student, academic staff and Health and Safety.
- Where a student already has been identified as having a high-risk pregnancy (has disability related support needs known to Student Services and/or is in a high-risk teaching environment, and/or has medical complications), a pregnancy risk assessment should be undertaken to identify any risk to the student, and the unborn child, to modify any procedures or activities relating to the student or applicant, and to set out any reasonable adjustments required to ensure the safety, health and wellbeing of student or applicant and unborn child. This will be led by Student Services with input from academic staff, the student, and Health and Safety where necessary. Template for the Pregnancy Risk Assessment are available at Appendix A.
- In the case of high-risk pregnancies, a student support plan should be undertaken by Student Services to put in place reasonable adjustments for the period of pregnancy, such as support to cover learning and teaching missed as a result of attending medical appointments or health-related absences, adjusted assessment dates etc.
- In the case of high-risk pregnancies regular reviews with the student, Student Services and relevant academic staff will be arranged to assess the effectiveness of the support plan and any further reasonable adjustments that may need to be made.
- Discussions should be undertaken with the student in relation to their plans for leave and / or study following the birth of the child. An initial plan for this may be developed, in line with the section below on family leave. However, the student may wish to change their plans following the birth of a child, and the university should respond flexibly in this situation, where possible.
- Students who are not giving birth personally but fall under the remit of this policy may require periods of leave or flexibility in advance of the birth, fostering or adoption of a child. The University will respond favourably to requests of this nature, where possible. An initial plan for this may be developed, in line with the section below on family leave. These reasonable adjustments will be led by the academic staff.
- Where a student has not disclosed pregnancy, staff should not make assumptions that they are, and should not ask students if they are pregnant.
- Where a student has disclosed pregnancy but declines a pregnancy risk assessment and/or support under this process and the pregnancy is considered high risk, concerns about ability to participate in aspects of university life should be considered under the Support to Participate in University Life Policy.
- Where the student has placements as part of the programme, the pregnancy should be risk assessed, by the placement, in conjunction with the programme placement officer and Student Services (when a high-risk pregnancy), as appropriate. Appropriate plans should be made to ensure that health is safeguarded and academic progress appropriately managed. If the risk presented means that the student cannot undertake the placement, while pregnant, arrangements should be made to give the student the opportunity of completing at a later date.
5.2 Family Leave - The University recommends that all students take a minimum of two weeks leave after giving birth, subject to medical advice. In addition to this provision, family leave is available to all students who:
- have given birth (or had a child through surrogacy), fostered or adopted a child;
- are the co-parent of a child born (including through surrogacy), fostered, or adopted; or
- have a partner who has given birth (or had a child through surrogacy), fostered, or adopted a child.
5.2.1 Students may choose to take a period of family leave following the birth, fostering or adoption of a child. Students will not be required to suspend their studies for a period of leave of two weeks. Longer periods of absence will need to be in accordance with the academic regulations.
5.2.2 Advice must be sought from the International Support Hub when considering a period of absence for a student studying on a Student Visa.
5.2.3 Students will be able to take an authorised break of study if they choose to. This will usually be for a period of up to one academic year, in line with the university academic regulations. However, the University will consider any requests for a longer period of suspension carefully, on a case-by-case basis, and will show flexibility where a student makes such a request and where continuity of study without disadvantage can be assured.
5.2.4 Where a student does not wish to take a longer authorised break of study, the University will seek to show flexibility in accommodating the student’s preferred pattern of engagement, where possible. This will be considered on a case-by-case basis, taking into account the needs of the student and the programme of study, and may include studying a reduced diet of modules and spreading study over a longer period; adjusting patterns of research; support for breastfeeding. To note the University is unable to support remote teaching as a reasonable adjustment unless the student is enrolled on an online only programme of study. If however a student chooses not to take an authorised break of study and then fails to submit assessments and/or attend teaching and learning they will be subject to conditions outlined in the academic regulations.
5.2.5 On return from any period of family leave, students should be offered a meeting with their Personal Academic Tutor or Research Supervisor to support their return to study as well as signposting to other supports within the University. In the case of high risk pregnancies a meeting with Student Services will be scheduled who will lead on any support requirements and convey these to academics and other teams via an updated Student Support Plan.
5.2.6 It is the responsibility of the student to ensure appropriate staff are notified of the intended start and end date of any family leave.
5.3 Termination of pregnancy - a student may decide to terminate a pregnancy for many reasons, such as personal circumstances, because of risks to their health, or because there is a high probability that the baby will have a serious medical condition. Where a student discloses that they have had or are considering having a termination, or that their partner or co-parent, or a surrogate, is considering or has had a termination, support is available from the university support teams within Student Services
5.3.1 Every individual is different, and the impact of a termination will be felt differently by different individuals. Where requested, a student may take an authorised break of study to deal with the impact of a termination, whether they have had the termination personally, or where their partner or a co-parent or a surrogate has had a termination. A break will be granted in line with Family Leave as set out in section 5.2 above.
5.4 Miscarriages, Still Births and Neo-natal Deaths - The University seeks to support any student who experiences miscarriage, still birth, or neo-natal death. Where a student discloses that they have experienced miscarriage, still birth or neo-natal death, support is available from the university support teams within Student Services
5.4.1 Where requested, a student may take an authorised break of study. A break will be granted in line with Family Leave as set out in section 5.2 above.
5.5 Adoption and Fostering - If a student has been newly matched for adoption or foster, they are encouraged to discuss this with their personal academic tutor as to how this may impact study or other aspects of university life. Where requested, a student may take an authorised break of study to support the adoption or fostering. A break will be granted in line with Family Leave as set out in section 5.2 above.
5.6 Surrogacy - If you are acting as a surrogate parent, you will be supported in the same way as any other pregnant student as outlined in section 5.1.
5.7 Childcare Facilities – Students are expected to ensure that they have suitable childcare facilities in place upon return to study, noting that in the main the university does not permit children on the premises. Additional guidance is provided within the University Children on the Premises Policy.
5.8 Nursing and expressing milk – the university recognises that some students may wish to nurse their baby/express milk and the university has designated facilities on campus .Our Library at Kedleston Road hosts a parent and child room which is accessible to students with caring responsibilities to support their studies. Please see Library webpages for details [Library - Campus and facilities - University of Derby]
6. Responsibilities
Students are responsible for:
- Disclosing their circumstances to a member of staff (this may be their Personal Academic Tutor, Supervisor, a member of Student Services staff, or a member of admissions or outreach staff), to enable discussion of support arrangements and adjustments. Where a student is pregnant (or where an applicant will be pregnant at the point of joining the University), early disclosure is encouraged so that a Pregnancy Risk Assessment is undertaken, where necessary, to ensure that the student’s studies do not pose risk to them or their unborn child. In particular, it is important that the University is notified about a pregnancy as early as possible if there are elements of the programme that may present a risk to the health and safety of the student and/or the child. This may be particularly relevant for students whose programmes include laboratory or practical work.
- If the student is on a placement at the time the pregnancy is confirmed or is due to start a placement during the pregnancy, the student should also inform the placement provider of the pregnancy.
- Students with a partner who is pregnant, has had a termination, has experienced miscarriage, still-birth or neonatal death, or is adopting or fostering a child, are also advised to notify a trusted member of staff as early as possible of their situation. This will enable the University to provide appropriate support to the student.
- Where a student chooses not to disclose circumstances to the University, the University will be unable to undertake to put in place support arrangements. Seeking support under this policy is entirely voluntary for students, who are not under obligation to seek support. Where a student has not sought support, and there are concerns that pregnancy-related health issues are impacting their ability to participate in aspects of university life, this should be considered under the Support to participate in university life policy [insert link when available].
- Students should not be assumed to be pregnant unless they have informed the University that they are.
Academic Staff are responsible for:
- In the case of low-risk pregnancies (see section 5.1) agreeing specific support arrangements for students and applicants who are or become pregnant. This will normally be carried out by the Personal Academic Tutor, or Research Supervisor, of the student or applicant. However, in some circumstances (such as an applicant who has not yet been assigned a Personal Academic Tutor, or where another member of staff has more in-depth knowledge of relevant aspects of the programme), this may be carried out by another relevant member of academic staff. Support will be available from Student Services and the Safety, Health and Wellbeing Team as required.
Student Services Staff are responsible for:
- In the case of a high-risk pregnancy (see section 5.1) liaising with relevant academic staff, where a student or applicant has disclosed their circumstances to a member of Student Services staff (this also applies to admissions/outreach staff). In the case of high-risk pregnancies, Pregnancy Risk Assessments and support arrangements will be led by Student Services staff with input from academic staff who have detailed knowledge of the programme of study to inform arrangements.
- Providing advice and support to academic staff in relation the operation of this policy.
- Providing advice and support to students and applicants in relation to the operation of this policy.
7. Related Documentation
University of Derby Safeguarding Policy.
University of Derby Children on the Premises Policy
8. References
S.17 of the Equality Act 2010