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(2) The designated agency official will specify the extent to which such assurances will be required of the applicant's or recipient's subgrantees, contractors, subcontractors, transferees, or successors in interest. $ 23.120 Transfers of property.

If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee that operates any education program or activity, and the Federal share of the fair market value of the property is not upon such sale or transfer properly accounted for to the Federal Government, both the transferor and the transferee shall be deemed to be recipients, subject to the provisions of $8 23.205 through 23.235(a).

* 23.115 Assurance required.

(a) General. Either at the application stage or the award stage, Federal agencies must ensure that applications for Federal financial assistance or awards of Federal financial assistance contain, be accompanied by, or be covered by a specifically identified assurance from the applicant or recipient, satisfactory to the designated agency official, that each education program or activity operated by the applicant or recipient and to which these Title IX regulations apply will be operated in compliance with these Title IX regulations. An assurance of compliance with these Title IX regulations shall not be satisfactory to the designated agency official if the applicant or recipient to whom such assurance applies fails to commit itself to take whatever remedial action is necessary in accordance with 8 23.110(a) to eliminate existing discrimination on the basis of sex or to eliminate the effects of past discrimination whether occurring prior to or subsequent to the submission to the designated agency official of such assurance.

(b) Duration of obligation. (1) In the case of Federal financial assistance extended to provide real property or structures thereon, such assurance shall obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used to provide an education program or activity.

(2) In the case of Federal financial assistance extended to provide personal property, such assurance shall obligate the recipient for the period during which it retains ownership or possession of the property.

(3) In all other cases such assurance shall obligate the recipient for the period during which Federal financial assistance is extended.

(c) Form. (1) The assurances required by paragraph (a) of this section, which may be included as part of a document that addresses other assurances or obligations, shall include that the applicant or recipient will comply with all applicable Federal statutes relating to nondiscrimination. These include but are not limited to: Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685 1688).

$ 23.125 Effect of other requirements.

(a) Effect of other Federal provisions. The obligations imposed by these Title IX regulations are independent of, and do not alter, obligations not to discriminate on the basis of sex imposed by Executive Order 11246, 3 CFR, 1964 1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966–1970 Comp., p. 803; as amended by Executive Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 of the Public Health Service Act (42 U.S.C. 295m, 298b-2); Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act of 1963 (29 U.S.C. 206); and any other Act of Congress or Federal regulation.

(b) Effect of State or local law or other requirements. The obligation to comply with these Title IX regulations is not obviated or alleviated by any State or local law or other requirement that would render any applicant or student ineligible, or limit the eligibility of any applicant or student, on the basis of sex, to practice any occupation or profession.

(c) Effect of rules or regulations of private organizations. The obligation to comply with these Title IX regulations is not obviated or alleviated by any rule or regulation of any organization, club, athletic or other league, or association that would render any applicant or student ineligible to participate or limit the eligibility or participation of any applicant or student, on the basis of sex, in any education program or activity operated by a recipient and that receives Federal financial assistance.

$ 23.130 Effect of employment opportu.

nities. The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the other sex.

8 23.135 Designation of responsible em

ployee and adoption of grievance

procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under these Title IX regulations, including any investigation of any complaint communicated to such recipient alleging its noncompliance with these Title IX regulations or alleging any actions that would be prohibited by these Title IX regulations. The recipient shall notify all its students and employees of the name, office address, and telephone number of the employee or employees appointed pursuant to this paragraph.

(b) Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by these

that it does not discriminate on the basis of sex in the educational programs or activities that it operates, and that it is required by Title IX and these Title IX regulations not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as the designated agency official finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and these Title IX regulations, but shall state at least that the requirement not to dis criminate in education programs or ac tivities extends to employment there in, and to admission thereto unles $823.300 through 23.310 do not apply to the recipient, and that inquiries con cerning the application of Title IX and these Title IX regulations to such re cipient may be referred to the em ployee designated pursuant to $23.135 or to the designated agency official.

(2) Each recipient shall make the ini tial notification required by paragrap (a)(1) of this section within 90 days o September 29, 2000 or of the date thes Title IX regulations first apply to such recipient, whichever comes later which notification shall include publi cation in:

(i) Newspapers and magazines oper ated by such recipient or by student alumnae, or alumni groups for or i connection with such recipient; and

(ii) Memoranda or other written com munications distributed to every stu dent and employee of such recipient.

(b) Publications. (1) Each recipien shall prominently include a statemen of the policy described in paragraph (a of this section in each announcement bulletin, catalog, or application for that it makes available to any perso of a type, described in paragraph (a) ( this section, or which is otherwise use in connection with the recruitment ( students or employees.

(2) A recipient shall not use or di: tribute a publication of the type de scribed in paragraph (b)(1) of this sec tion that suggests, by text or illustra tion, that such recipient treats appl cants, students, or employees di ferently on the basis of sex except a such treatment is permitted by thes Title IX regulations.

$ 23.140 Dissemination of policy.

(a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient,

(c) Distribution. Each recipient shall distribute without discrimination on the basis of sex each publication de scribed in paragraph (b)(1) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph {a) of this section, and shall require such representatives to adhere to such policy.

fraternities and sororities that are exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership of which consists primarily of students in attendance at institutions of higher education.

(b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. These Title IX regulations do not apply to the membership practices of the Young Men's Christian Association (YMCA), the Young Women's Christian Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire Girls.

(c) Voluntary youth service organizátions. These Title IX regulations do not apply to the membership practices of a voluntary youth service organization that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the membership of which has been traditionally limited to members of one sex and principally to persons of less than nineteen years of age.

Subpart B-Coverage $23.200 Application.

Except as provided in $823.205 through 23.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated by such recipient that receives Federal financial assistance. $23.205 Educational institutions and

other entities controlled by reli

gious organizations. (a) Eremption. These Title IX regulations do not apply to any operation of an educational institution or other entity that is controlled by a religious organization to the extent that application of these Title IX regulations would not be consistent with the religious tenets of such organization.

(b) Exemption claims. An educational institution or other entity that wishes to claim the exemption set forth in paragraph (a) of this section shall do so by submitting in writing to the designated agency official a statement by the highest-ranking official of the institution, identifying the provisions of these Title IX regulations that conflict with a specific tenet of the religious organization.

$ 23.220 Admissions.

(a) Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations.

(b) Administratively separate units. For the purposes only of this section, $823.225 and 23.230, and $8 23.300 through 23.310, each administratively separate unit shall be deemed to be an educational institution.

(c) Application of 88 23.300 through .310. Except as provided in paragraphs (d) and (e) of this section, 88 23.300 through 23.310 apply to each recipient. A recipient to which 88 23.300 through 23.310 apply shall not discriminate on the basis of sex in admission or recruitment in violation of $8 23.300 through 23.310.

(d) Educational institutions. Except as provided in paragraph (e) of this section as to recipients that are educational institutions, 88 23.300 through 23.310 apply only to institutions of vocational education, professional education, graduate higher education, and public institutions of undergraduate higher education.

(e) Public institutions of undergraduate higher education. $8 23.300 through 23.310 do not apply to any public institution of undergraduate higher education that

23.210 Military and merchant marine

educational institutions. These Title IX regulations do not apply to an educational institution whose primary purpose is the training 01 individuals for a military service of the United States or for the merchant marine.

$23.215 Membership practices of cer

tain organizations. (a) Social fraternities and sororities. These Title IX regulations do not apply to the membership practices of social

traditionally and continually from its establishment has had a policy of admitting students of only one sex.

cles to admitting students without dis crimination on the basis of sex.

(4) Describe in detail the steps ned essary to eliminate as soon as prad ticable each obstacle so identified an indicate the schedule for taking thes steps and the individual directly re sponsible for their implementation.

(5) Include estimates of the numbe of students, by sex, expected to appl for, be admitted to, and enter eac class during the period covered by th

plan.

$ 23.225 Educational institutions eligi.

ble to submit transition plans. (a) Application. This section applies to each educational institution to which $823.300 through 23.310 apply that:

(1) Admitted students of only one sex as regular students as of June 23, 1972; or

(2) Admitted students of only one sex as regular students as of June 23, 1965, but thereafter admitted, as regular students, students of the sex not admitted prior to June 23, 1965.

(b) Provision for transition plans. An educational institution to which this section applies shall not discriminate on the basis of sex in admission or recruitment in violation of $8 23.300 through 23.310.

(c) Nondiscrimination. No policy a practice of a recipient to which § 23.22 applies shall result in treatment of a plicants to or students of such recip. ent in violation of $8 23.300 throug 23.310 unless such treatment is neces sitated by an obstacle identified i paragraph (b)(3) of this section and schedule for eliminating that obstacl has been provided as required by para graph (b)(4) of this section.

(d) Effects of past exclusion. To ovei come the effects of past exclusion C students on the basis of sex, each edu cational institution to which $23.22 applies shall include in its transitio: plan, and shall implement, specifi steps designed to encourage individual of the previously excluded sex to appl: for admission to such institution. Sucl steps shall include instituting recruit ment programs that emphasize the in stitution's commitment to enrollin students of the sex previously ex cluded.

8 23.230 Transition plans.

(a) Submission of plans. An institution to which $23.225 applies and that is composed of more than one administratively separate unit may submit either a single transition plan applicable to all such units, or a separate transition plan applicable to each such unit.

(b) Content of plans. In order to be approved by the Secretary of Education, a transition plan shall:

(1) State the name, address, and Federal Interagency Committee on Education Code of the educational institution submitting such plan, the administratively separate units to which the plan is applicable, and the name, address, and telephone number of the person to whom questions concerning the plan may be addressed. The person who submits the plan shall be the chief administrator or president of the institution, or another individual legally authorized to bind the institution to all actions set forth in the plan.

(2) State whether the educational institution or administratively separate unit admits students of both sexes as regular students and, if so, when it began to do so.

(3) Identify and describe with respect to the educational institution or administratively separate unit any obsta

$23.235 Statutory amendments.

(a) This section, which applies to al provisions of these Title IX regula tions, addresses statutory amendmenti to Title IX.

(b) These Title IX regulations shal not apply to or preclude:

(1) Any program or activity of the American Legion undertaken in con. nection with the organization or oper. ation of any Boys State conference. Boys Nation conference, Girls State conference, or Girls Nation conference;

(2) Any program or activity of a secondary school or educational institution specifically for:

(i) The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(ii) The selection of students to attend any such conference;

(3) Father-son or mother-daughter activities at an educational institution or in an education program or activity, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided to students of the other sex,

(4) Any scholarship or other financial assistance awarded by an institution of higher education to an individual because such individual has received such award in a single-sex pageant based upon a combination of factors related to the individual's personal appearance, poise, and talent. The pageant, however, must comply with other nondiscrimination provisions of Federal law.

(C) Program or activity or program means:

(1) All of the operations of any entity described in paragraphs (C)(1)(i) through (iv) of this section, any part of which is extended Federal financial assistance:

(iKA) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government:

(ii)A) A college, university, or other postsecondary institution, or a public system of higher education; or

(B) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;

(iii)(A) An entire corporation, partDership, or other private organization, or an entire sole proprietorship

(1) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(2) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(iv) Any other entity that is established by two or more of the entities described in paragraphs (c)(1)(i), (ii), or (iii) of this section.

(2)(i) Program or activity does not include any operation of an entity that is controlled by a religious organization if the application of 20 U.S.C. 1681 to such operation would not be consistent with the religious tenets of such organization.

(ii) For example, all of the operations of a college, university, or other postsecondary institution, including but not limited to traditional educational operations, faculty and student housing, campus shuttle bus service, campus restaurants, the bookstore, and other commercial activities are part of a "program or activity” subject to these Title IX regulations if the college, university, or other institution receives Federal financial assistance.

(d)(1) Nothing in these Title IX regulations shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Medical procedures, benefits, services, and the use of facilities, necessary to save the life of a pregnant woman or to address complications related to an abortion are not subject to this section.

(2) Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion. Accordingly, subject to paragraph (d)(1) of this section, no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, employment, or other educational program or activity operated by a recipient that receives Federal financial assistance because such individual has sought or received, or is

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