(Note: this story was to appear in the DailyLobo, but due to factors that were out of my control it never got finished. Yet, some of the info in this piece is to good to leave rotting away in my google drive; so I’m going to post what I have on this issue here, for anyone that is interested in this stuff)
When the WNBA (Women’s National Basketball Association) and the NWSL (National Women’s Soccer League) put maternity leave into their revised collective-bargaining agreements it was seen as a huge sea change.
Up until the new agreements, WNBA players could only earn up to half of their salaries while on leave. But the new agreement allowed players to receive “average compensation of nearly $130,000,” as reported in the Atlantic
According to the Student-Athlete handbook, UNM has a pregnant student-athlete policy but it does not provide maternity leave for student-athletes.
It contains a number of provisions that indirectly address this issue.
Under the athletic scholarships and institutional grants-in-aid section, once a student informs the ICA (University of New Mexico Department of Intercollegiate Athletics) that they are pregnant “and does not voluntarily withdraw from her sport, her scholarship will remain in place for the remainder of the granting year, July 1–June 30.”
“UNM will not refuse to renew a student’s athletic-related financial aid on the ground that the student is or was pregnant,” according to the policy, which would put it in compliance with Title IX laws.
But “pregnant student-athletes who receive athletic-related financial aid are advised that voluntary withdrawal from their sport could result in a loss of scholarship.”
Also, “as with any other non athletic-related medical condition, ICA’s medical insurance coverage does not cover pregnancy related care,” which is under the Medical Insurance Coverage section of the policy.
Frank Mercogliano, Assistant AD-Communications at UNM, responded to questions directed at Athletic Director Eddie Nuñez for UNM’s positions on the policy.
While Mercogliano wouldn’t confirm if the university has any data related to the policy, he would confirm that the policy has been used, saying “Due to privacy laws, we cannot get into any specifics regarding this policy, but we can confirm that we have used this policy previously.”
On why the ICA’s medical insurance policy doesn’t cover pregnant student athletes, “Pregnancy is treated as any non-athletically related temporary medical condition, so this is consistent with how any temporary medical issues that are incurred outside of the realm of being a UNM student-athlete.”
And on the question of maternity leave, “It states on page 59 that participation on an intercollegiate team cannot be affected in any way due to pregnancy. As a department we provide a support system and resources that will help our student-athletes without the worry that their position on a team will be affected. Our department also will help the student-athlete return to her sport after pregnancy and during parenting if the student-athlete so desires.”
Thus it is unclear if the university would ever grant maternity leave, with the only response to the question being to look at the previous response.
Angela Catena, Title IX coordinator at the university, would also be unable to answer questions related to if the university knows if any student athlete is currently pregnant, citing protected information.
Catana would clarify some questions, such as the questions of why the universities athletic insurance policy doesn’t cover pregnancies and why students aren’t granted maternity leave.
On the athletic insurance policy, Catana would state that “Student athletes’ medical insurance only covered athletically related injuries,” and that “the Athletic Department’s medical insurance policy does not cover concerns that are not athletically related.”
Next, Catana would address the maternity leave question, saying “Maternity leave is intended for employees of the University. Student athletes are not considered employees of the University,” but that “they will, however, keep their scholarship during their pregnancy and pregnancy-related leave. It is important to note that scholarships are provided on a semesterly basis, therefore each situation is considered specific to its circumstances.”
This is in line with current NCAA policy, which states that “Student-athletes are not employees, and their participation in college sports is voluntary.”
Some other questions were answered such as what physician(s) would the university send a pregnant student athlete to?
The response: “The UNM Athletic Department physicians can conduct the initial exams. Because student athletics are responsible for the medical expenses associated with the pregnancy, they may choose the provider of their choice.”
Spencer Butler can be contacted at sb751094@gmail.com or on Twitter @SpencerButler48
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