Page images

seeking, a legal abortion, or any benefit or service related to a legal abortion.

Subpart C-Discrimination on the

Basis of Sex in Admission and
Recruitment Prohibited

8 23.300 Admission.

(a) General. No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which $8 23.300 through 88 23.310 apply, except as provided in 88 23.225 and 88 23.230.

(b) Specific prohibitions. (1) In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which $823.300 through 23.310 apply shall not:

(i) Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise;

(ii) Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or

(3) Subject to $23.235(d). shall disabilities related to pregnancy. d birth, termination of pregnancy, a covery therefrom in the same ma and under the same policies as other temporary disability or phy condition; and

(4) Shall not make pre-admissia quiry as to the marital status of a plicant for admission, including wi er such applicant is “Miss" or " A recipient may make pre-admis inquiry as to the sex of an applicaj admission, but only if such inquu made equally of such applicants of sexes and if the results of such in are not used in connection with crimination prohibited by these IX regulations. $ 23.305 Preference in admission.

A recipient to which $8 23.300 thr 23.310 apply shall not give preferen applicants for admission, on the of attendance at any educational i tution or other school or entity admits as students only or pred nantly members of one sex, if the ing of such preference has the effe discriminating on the basis of se violation of $8 23.300 through 23.310.


(iii) Otherwise treat one individual differently from another on the basis of


(2) A recipient shall not administer or operate any test or other criterion for admission that has a disproportionately adverse effect on persons on the basis of sex unless the use of such test or criterion is shown to predict validly success in the education program or activity in question and alternative tests or criteria that do not have such a disproportionately adverse effect are shown to be unavailable.

(c) Prohibitions relating to marital or parental status. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which $823.300 through 23.310 apply:

(1) Shall not apply any rule concerning the actual or potential parental, family, or marital status of a student or applicant that treats persons differently on the basis of sex;

(2) Shall not discriminate against or exclude any person on the basis of pregnancy, childbirth, termination of pregnancy, or recovery therefrom, or establish or follow any rule or practice that so discriminates or excludes;

$ 23.310 Recruitment.

(a) Nondiscriminatory recruitment recipient to which $8 23.300 thro 23.310 apply shall not discrimina: the basis of sex in the recruitment admission of students. A recipient be required to undertake additional cruitment efforts for one sex as re dial action pursuant to $23.110(a), may choose to undertake such eff

affirmative action pursuant $23.110(b).

(b) Recruitment at certain instituta A recipient to which $8 23.300 thro 23.310 apply shall not recruit prima or exclusively at educational inst tions, schools, or entities that admi students only or predominantly m bers of one sex, if such actions have effect of discriminating on the basi sex in violation of $823.300 thro 23.310.

[ocr errors]

Subpart D-Discrimination on the foreign institution. A recipient edu

Basis of Sex in Education Pro- cational institution may administer or grams or Activities Prohibited assist in the administration of schola

ships, fellowships, or other awards es$ 23.400 Education programs or activi tablished by foreign or domestic wills, ties.

trusts, or similar legal instruments, or (a) General. Except as provided else- by acts of foreign governments and rewhere in these Title IX regulations, no stricted to members of one sex, that person shall, on the basis of sex, be ex are designed to provide opportunities cluded from participation in, be denied to study abroad, and that are awarded the benefits of, or be subjected to dis- to students who are already matricucrimination under any academic, ex- lating at or who are graduates of the tracurricular, research, occupational recipient institution; Provided, that a training, or other education program recipient educational institution that or activity operated by a recipient that

administers or assists in the adminisreceives Federal financial assistance.

tration of such scholarships, fellowSections 23.400 through 23.455 do not

ships, or other awards that are reapply to actions of a recipient in con

stricted to members of one sex proDection with admission of its students

vides, or otherwise makes available, to an education program or activity of

reasonable opportunities for similar & recipient to which $$ 23.300 through 23.310 do not apply, or an entity, not a

studies for members of the other sex. recipient, to which $$23.300 through

Such opportunities may be derived

from 23.310 would not apply if the entity

either domestic or foreign

sources. were a recipient. (b) Specific prohibitions. Except as pro

(d) Aids, benefits or services not provided in $8 23.400 through 23.455, in pro

vided by recipient. (1) This paragraph (d) ng any aid benefit or service to a applies to any recipient that requires student. a recipient shall not. on the participation by any applicant, stubasis of sex:

dent, or employee in any education (1) Treat one person differently from program or activity not operated wholanother in determining whether such ly by such recipient, or that facilitates, person satisfies any requirement or permits, or considers such participacondition for the provision of such aid, tion as part of or equivalent to an edubenefit, or service;

cation program or activity operated by (2) Provide different aid, benefits, or such recipient, including participation services or provide aid, benefits, or in educational consortia and cooperaservices in a different manner;

tive employment and student-teaching (3) Deny any person any such aid, assignments. benefit, or service;

(2) Such recipient: (4) Subject any person to separate or (i) Shall develop and implement a different rules of behavior, sanctions,

procedure designed to assure itself that or other treatment;

the operator or sponsor of such other (5) Apply any rule concerning the

education program or activity takes no domicile or residence of a student or

action affecting any applicant, student, applicant, including eligibility for in

or employee of such recipient that state fees and tuition;

these Title IX regulations would pro(6) Aid or perpetuate discrimination

hibit such recipient from taking; and against any person by providing significant assistance to any agency, or

(ii) Shall not facilitate, require, perganization, or person that discrimi

mit, or consider such participation if nates on the basis of sex in providing

such action occurs. any aid, benefit, or service to students

US $23.405 Housing. or employees;

(7) Otherwise limit any person in the (a) Generally. A recipient shall not, enjoyment of any right, privilege, ad- on the basis of sex, apply different vantage, or opportunity.

rules or regulations, impose different (c) Assistance administered by a recipi- fees or requirements, or offer different ent educational institution to study at a services or benefits related to housing,

[ocr errors]

except as provided in this section (including housing provided only to married students).

(b) Housing provided by recipient. (1) A recipient may provide separate housing on the basis of sex.

(2) Housing provided by a recipient to students of one sex, when compared to that provided to students of the other sex, shall be as a whole:

(i) Proportionate in quantity to the number of students of that sex applying for such housing; and

(ii) Comparable in quality and cost to the student.

(c) Other housing. (1) A recipient shall not, on the basis of sex, administer different policies or practices concerning occupancy by its students of housing other than that provided by such recipient.

(2)(i) A recipient which, through solicitation, listing, approval of housing, or otherwise, assists any agency, organization, or person in making housing available to any of its students, shall take such reasonable action as may be necessary to assure itself that such housing as is provided to students of one sex, when compared to that provided to students of the other sex, is as a whole:

(A) Proportionate in quantity; and

(B) Comparable in quality and cost to the student.

(ii) A recipient may render such assistance to any agency, organization, or person that provides all or part of such housing to students of only one sex.

economics, music, and adult educatio courses.

(b)(1) With respect to classes and ac tivities in physical education at the e ementary school level, the recipien shall comply fully with this section a expeditiously as possible but in n event later than one year from Ser tember 29, 2000. With respect to phys ical education classes and activities a the secondary and post-secondary les els, the recipient shall comply full with this section as expeditiously a possible but in no event later tha three years from September 29, 2000.

(2) This section does not prohibi grouping of students in physical edu cation classes and activities by abilit as assessed by objective standards ( individual performance developed an applied without regard to sex.

(3) This section does not prohibit se aration of students by sex within phy: ical education classes or activities du ing participation in wrestling, boxing rugby, ice hockey, football, basketbal and other sports the purpose or maja activity of which involves bodily cor tact.

(4) Where use of a single standard c measuring skill or progress in a phys ical education class has an adverse el fect on members of one sex, the recipi ent shall use appropriate standard that do not have such effect.

(5) Portions of classes in elementar and secondary schools, or portions a education programs or activities, tha deal exclusively with human sexualit: may be conducted in separate session for boys and girls.

(6) Recipients may make require ments based on vocal range or qualit: that may result in a chorus or choruse of one or predominantly one sex.

$ 23.410 Comparable facilities.

A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.

$ 23.415 Access to course offerings.

(a) A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home

$23.420 Access to schools operated by

LEAs. A recipient that is a local edu cational agency shall not, on the basis of sex, exclude any person from admis sion to:

(a) Any institution of vocational edu. cation operated by such recipient; or

(b) Any other school or educational unit operated by such recipient, unless such recipient otherwise makes avail. able to such person, pursuant to the same policies and criteria of admission,

courses, services, and facilities com (2) Through solicitation, listing, apparable to each course, service, and fa- proval, provision of facilities, or other cility offered in or through such services, assist any foundation, trust, schools.

agency, organization, or person that

provides assistance to any of such re$23.425 Counseling and use of ap

cipient's students in a manner that dispraisal and counseling materials.

criminates on the basis of sex; or (a) Counseling. A recipient shall not (3) Apply any rule or assist in applidiscriminate against any person on the cation of any rule concerning eligibasis of sex in the counseling or guid bility for such assistance that treats ance of students or applicants for ad persons of one sex differently from permission.

sons of the other sex with regard to (b) Use of appraisal and counseling ma- marital or parental status. terials. A recipient that uses testing or (b) Financial aid established by certain other materials for appraising or coun- legal instruments. (1) A recipient may seling students shall not use different administer or assist in the administramaterials for students on the basis of tion of scholarships, fellowships, or their sex or use materials that permit other forms of financial assistance esor require different treatment of stu- tablished pursuant to domestic or fordents on such basis unless such dif- eign wills, trusts, bequests, or similar ferent materials cover the same occu- legal instruments or by acts of a forpations and interest areas and the use eign government that require that of such different materials is shown to awards be made to members of a parbe essential to eliminate sex bias. Re- ticular sex specified therein; Provided, cipients shall develop and use internal that the overall effect of the award of procedures for ensuring that such ma- such sex-restricted scholarships, felterials do not discriminate on the basis lowships, and other forms of financial of sex. Where the use of a counseling assistance does not discriminate on the test or other instrument results in a basis of sex. substantially disproportionate number (2) To ensure nondiscriminatory of members of one sex in any particular awards of assistance as required in course of study or classification, the paragraph (b)(1) of this section, recipirecipient shall take such action as is ents shall develop and use procedures necessary to assure itself that such dis under which: proportion is not the result of discrimi (i) Students are selected for award of nation in the instrument or its applica- financial assistance on the basis of tion.

nondiscriminatory criteria and not on (c) Disproportion in classes. Where a the basis of availability of funds rerecipient finds that a particular class stricted to members of a particular sex; contains a substantially dispropor- (ii) An appropriate sex-restricted tionate number of individuals of one scholarship, fellowship, or other form sex, the recipient shall take such ac- of financial assistance is allocated to tion as is necessary to assure itself each student selected under paragraph that such disproportion is not the re- (b)(2)(i) of this section; and sult of discrimination on the basis of (iii) No student is denied the award sex in counseling or appraisal mate for which he or she was selected under rials or by counselors.

paragraph (b)(2)(i) of this section be

cause of the absence of a scholarship, $23.430 Financial assistance.

fellowship, or other form of financial (a) General. Except as provided in assistance designated for a member of paragraphs (b) and (c) of this section, that student's sex. in providing financial assistance to any (c) Athletic scholarships. (1) To the exof its students, a recipient shall not: tent that a recipient awards athletic

(1) On the basis of sex, provide dif- scholarships or grants-in-aid, it must ferent amounts or types of such assist- provide reasonable opportunities for ance, limit eligibility for such assist- such awards for members of each sex in ance that is of any particular type or proportion to the number of students source, apply different criteria, or oth of each sex participating in intererwise discriminate;

scholastic or intercollegiate athletics.

(2) A recipient may provide separate pregnancy, termination of pregnancy athletic scholarships or grants-in-aid or recovery therefrom, unless the stu for members of each sex as part of sep- dent requests voluntarily to partici arate athletic teams for members of pate in a separate portion of the pro each sex to the extent consistent with gram or activity of the recipient. this paragraph (c) and 8 23.450.

(2) A recipient may require such $ 23.435 Employment assistance to stu

student to obtain the certification of dents.

physician that the student is phys

ically and emotionally able to continu (a) Assistance by recipient in making

participation as long as such a certifi available outside employment. A recipi

cation is required of all students fo ent that assists any agency, organiza

other physical or emotional condition tion, or person in making employment available to any of its students:

requiring the attention of a physiciar (1) Shall assure itself that such em

(3) A recipient that operates a por ployment is made available without

tion of its education program or activ discrimination on the basis of sex; and ity separately for pregnant students

(2) Shall not render such services to admittance to which is completely vol any agency, organization, or person untary on the part of the student a that discriminates on the basis of sex provided in paragraph (b)(1) of this sec in its employment practices.

tion, shall ensure that the separat (b) Employment of students by recipi- portion is comparable to that offere ents. A recipient that employs any of to non-pregnant students. its students shall not do so in a manner (4) Subject to $23.235(d), a recipien that violates $8 23.500 through 23.550.

shall treat pregnancy, childbirth, falsi

pregnancy, termination of pregnancy $ 23.440 Health and insurance benefits and services.

and recovery therefrom in the sami

manner and under the same policies a Subject to $23.235(d), in providing a

any other temporary disability with re medical, hospital, accident, or life in

spect to any medical or hospital ben surance benefit, service, policy, or plan to any of its students, a recipient shall

efit, service, plan, or policy that sucl

recipient administers, operates, offers not discriminate on the basis of sex, or provide such benefit, service, policy, or

or participates in with respect to stu plan in a manner that would violate

dents admitted to the recipient's edu 88 23.500 through 23.550 if it were pro

cational program or activity. vided to employees of the recipient.

(5) In the case of a recipient that doet This section shall not prohibit a recipi- not maintain a leave policy for its stu. ent from providing any benefit or serv- dents, or in the case of a student who ice that may be used by a different pro does not otherwise qualify for leave portion of students of one sex than of under such a policy, a recipient shall the other, including family planning treat pregnancy, childbirth, false preg. services. However, any recipient that nancy, termination of pregnancy, and provides full coverage health service recovery therefrom as a justification shall provide gynecological care.

for a leave of absence for as long a pe

riod of time as is deemed medically 8 23.445 Marital or parental status.

necessary by the student's physician, (a) Status generally. A recipient shall at the conclusion of which the student not apply any rule concerning a stu shall be reinstated to the status that dent's actual or potential parental,

she held when the leave began. family, or marital status that treats students differently on the basis of sex. $23.450 Athletics. (b) Pregnancy and related conditions.

(a) General. No person shall, on the (1) A recipient shall not discriminate against any student, or exclude any

basis of sex, be excluded from particistudent from its education program or

pation in, be denied the benefits of, be activity, including any class or extra

treated differently from another percurricular activity, on the basis of such son, or otherwise be discriminated student's pregnancy, childbirth, false

« PreviousContinue »