Developing a Student-Athlete Pregnancy Policy

Kim was the athletic trainer at St. Ignatius Women's College. Two weeks earlier, the small, NCAA Division II school had been shocked to learn that one of the members of the basketball team was pregnant. What was even more disconcerting to some of the college community was that the player had decided to remain on the team throughout the course of the season. She needed the partial athletic scholarship to stay in school. She didn't want to quit, even though some of the faculty and administration were pressuring her to do so. She intended to keep the baby once it was born. To many at this conservative academy, the whole affair was sordid and scandalous.

One day, soon after the news of the pregnancy broke, Kim was summoned to the office of the vice president for student affairs, who also doubled as the athletic director. "Kim," she began, "I'm not sure there's much we can do about this case, but I'm upset that we weren't better prepared for it. We should have seen this coming. I want to be ready to deal with it more effectively next time. I want you to draft a policy statement that deals with pregnant student-athletes. You're our medical person, and so I'm relying on your good judgment."

Kim consulted with her team physician and then drafted the following policy:

St. Ignatius Women's College Student-Athlete Pregnancy Policy

The NCAA guideline for participation by the pregnant student-athlete will be used as the College's basic policy. A student-athlete who is pregnant must inform the team physician or head athletic trainer of her condition as soon as it is confirmed. This is necessary so that appropriate medical and emotional support can be made available to the student as it relates to her decision. Confidentiality regarding the student's condition will be maintained by the team physician and the head athletic trainer. The student must have appropriate prenatal counseling and discussion with the team physician and/or specialist and the head athletic trainer regarding the student's medical condition and risk of injury to her as well as to the fetus. after counseling and discussion have occurred will the physician, in consultation with the head coach, student-athlete, and athletic administration, determine whether the pregnant student-athlete will be permitted to compete. Should the athlete choose to continue participation, a properly executed document of understanding and waiver must be signed prior to the student's being permitted to continue participating. The team physician and/or specialist will determine whether the student-athlete is cleared to return to participation following her pregnancy. If the student-athlete is not medically cleared by the physician(s) to return to competition, she will receive permanent medical hardship classification. Guidelines governing permanent medical hardship will be discussed in detail with the student-athlete at the appropriate time. The student-athlete, at any time, may choose not to continue participating on the team without jeopardizing her athletic scholarship for the length of the award period. If the student chooses not to continue competing, her athletic aid will not be renewed following the existing award period. A student-athlete will not forfeit her team membership status, benefits, or responsibilities or be excluded from team activities due to pregnancy. A student's pregnancy will be treated as a "medical hardship" or "leave of absence." This will include pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery there from for so long as is deemed necessary by the team physician or specialists. At the conclusion of the pregnancy, the student-athlete shall be reinstated to the status she held when the leave began. Or, if the student-athlete is medically cleared by the team physician to return to competition, she may participate on the team and receive one semester of athletic aid. Renewal of athletic aid will be in accordance with NCAA bylaws.

A week after Kim submitted the policy to the vice president for student affairs, she received a phone call. "Take the clauses referring to 'your decision' and 'termination of pregnancy' out of this policy," ordered the VP. "This is a Christian institution, and we shall not condone even the suggestion of abortion on our campus. The rest of the policy is fine, but clean up this abortion-related language immediately. I'm surprised that you included it in the first place!"

Questions for Analysis

1. Does the document that Kim developed meet all the tests to be considered a policy? If not, how would you classify the document? Why is it important?
2. What medical flaws, if any, can be found in Kim's policy? What procedural flaws?
3. Is Kim's policy consistent with the body of case law on the rights of students with disabilities to participate in school-sponsored activities? Should pregnancy be treated differently than other medical conditions? Why or why not? Does St. Ignatius need a pregnancy policy? Why or why not?
4. Does the clause requiring a waiver adequately protect the college against lawsuits? Why or why not?
5. If you were in Kim's position, how willing would you be to take the clauses out of the policy that were offensive to the vice president? In your opinion, should they remain in the policy? Why or why not?
6. If you wanted to leave the pregnancy termination clauses in the policy, what allies and strategies would you employ? What are the risks? What are the benefits?