October 2, 2019

RE: Public institutions of higher education are prohibited from

coercing students to have abortions or retaliating against students for
being pregnant.

To Whom it May Concern:

This letter will address whether Title IX prohibits public institutions of higher
education that receive federal funding from (1) coercing students to have abortions or
(2) retaliating against students for being pregnant. In sum, yes. Public institutions of
higher education that receive federal funding may not discriminate on the basis of
sex, including by limiting access to educational opportunities because of pregnancy
or by coercing a student to abort her unborn child. 1

Under Title IX, schools may not coerce students to abort their unborn child
because this constitutes discrimination based on pregnancy status which is
considered to be discrimination based on sex. Coercion may include, but is not limited
to, threatening to withdraw athletic scholarships or reduction in competitive
opportunities if a student does not abort her child. Schools also may not engage in
other pregnancy-based discrimination, such as declining to give student-athletes
housing that male student-athletes receive, removing pregnant student-athletes from
sports teams, or declining to provide medical leave from class assignments. 2

If a student feels that she has been discriminated against based on her pregnancy
status, or is pressured by a staff member to abortion her child, she should contact an
attorney immediately to ascertain what her rights may be. 3

Regards,
Alliance Defending Freedom

1 Because private educational institutions may obtain exemptions from Title IX, this letter does not
address the application of Title IX to private educational institutions.
2 See, e.g., Conley v. Nw. Fla. State Coll., 145 F. Supp. 3d 1073, 1078 (N.D. Fla. 2015) (Collecting

cases holding that Title IX prohibits discrimination on the basis of pregnancy)’ see also 34 C.F.R. §
106.40 (“A recipient shall not discriminate against any student, or exclude any student from its
education program or activity, including any class or extracurricular activity, on the basis of such
student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.”).
3 This letter is not a substitute for legal advice. If you feel your rights have been violated, contact an

attorney immediately.