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eligibility or participation of any applicant or student, on the basis of sex, in any education program or activity operated by a recipient and which receives or benefits from Federal finan. cial assistance. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
§ 106.7 Effect of employment opportuni.
ties. The obligation to comply with this part 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.
(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
8 106.8 Designation of responsible employ
ee and adoption of grievance proce
dures. (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 this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by this part. 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 which would be prohibited by this part. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
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 recipi. ent, that it does not discriminate on the basis of sex in the educational programs or activities which it operates, and that it is required by title IX and this part not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as the Assistant Secretary finds necessary to apprise such persons of the protections against discrimination assured them by title IX and this part, but shall state at least that the requirement not to discriminate in education programs and activities extends to employment therein, and to admission thereto unless Subpart C does not apply to the recipient, and that inquiries concerning the application of title IX and this part to such recipient may be referred to the employee designated pursuant § 106.8, or to the Assistant Secretary.
(2) Each recipient shall make the initial notification required by paragraph (a) (1) of this section within 90 days of the effective date of this part or of the date this part first applies to such recipient, whichever comes later, which notification shall include publication in:
(i) Local newspapers; (ii) newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and (iii) memoranda or other written communications distributed to every student and employee of such recipient.
(b) Publications. (1) Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, bulletin, catalog, or application form which it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees.
(2) A recipient shall not use or distribute a publication of the type described in this paragraph which suggests, by text or illustration, that such recipient treats applicants, students,
8 106.9 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
or employees differently on the basis purpose is the training of individuals of sex except as such treatment is per- for a military service of the United mitted by this part.
States or for the merchant marine. (c) Distribution. Each recipient shall
(Authority: Secs. 901, distribute without discrimination on
Amendments of 1972, 86 Stat. 373, 374; 20 the basis of sex each publication de
U.S.C. 1681, 1682) scribed in paragraph (b) of this section, and shall apprise each of its ad- § 106.14 Membership practices of certain mission and employment recruitment organizations. representatives of the policy of nondiscrimination described in paragraph (a)
(a) Social fraternities and sororities. of this section, and require such repre
This part does not apply to the memsentatives to adhere to such policy.
bership practices of social fraternities
and sororities which are exempt from (Authority: Secs. 901, 902, Education taxation under section 501(a) of the Amendments of 1972, 86 Stat. 373, 374; 20
Internal Revenue Code of 1954, the U.S.C. 1681, 1682)
active membership of which consists
primarily of students in attendance at Subpart B-Coverage
institutions of higher education. 8 106.11 Application.
(b) YMCA, YWCA, Girl Scouts, Boy
Scouts and Camp Fire Girls. This part Except as provided in this subpart, does not apply to the membership this part 106 applies to every recipient practices of the Young Men's Chrisand to each education program or ac- tian Association, the Young Women's tivity operated by such recipient
Christian Association, the Girl Scouts, which receives or benefits from Feder
the Boy Scouts and Camp Fire Girls. al financial assistance.
(c) Voluntary youth service organi(Authority: Secs. 901, 902, Education zations. This part does not apply to Amendments of 1972, 86 Stat. 373, 374; 20 the membership practices of voluntary U.S.C. 1681, 1682)
youth service organizations which are (45 FR 86298, Dec. 30, 1980)
exempt from taxation under section
501(a) of the Internal Revenue Code 8 106.12 Educational institutions con- of 1954 and the membership of which
trolled by religious organizations. has been traditionally limited to mem(a) Application. This part does not
bers of one sex and principally to perapply to an educational institution
sons of less than nineteen years of age. which is controlled by a religious orga
(Authority: Secs. 901, 902, Education nization to the extent application of Amendments of 1972, 86 Stat. 373, 374; 20 this part would not be consistent with U.S.C. 1681, 1682; sec. 3(a) of P.L. 93-568, 88 the religious tenets of such organiza- Stat. 1862 amending Sec. 901) tion. (b) Exemption. An educational insti
8 106.15 Admissions. tution which wishes to claim the ex- (a) Admissions to educational instiemption set forth in paragraph (a) of tutions prior to June 24, 1973, are not this section, shall do so by submitting covered by this part. in writing to the Assistant Secretary a
(b) Administratively separate units. statement by the highest ranking offi
For the purposes only of this section, cial of the institution, identifying the $ $ 106.16 and 106.17, and Subpart C, provisions of this part which conflict
each administratively separate unit with a specific tenet of the religious shall be deemed to be an educational organization.
institution. (Authority: Secs. 901, 902, Education (c) Application of Subpart C. Except Amendments of 1972, 86 Stat. 373, 374; 20 as provided in paragraphs (d) and (e) U.S.C. 1681, 1682)
of this section, Subpart C applies to
each recipient. A recipient to which 8 106.13 Military and merchant marine
Subpart C applies shall not discrimieducational institutions.
nate on the basis of sex in admission This part does not apply to an edu- or recruitment in violation of that subcational institution whose primary part.
(d) Educational institutions. Except rate transition plan applicable to each as provided in paragraph (e) of this such unit. section as to recipients which are edu- (b) Content of plans. In order to be cational institutions, Subpart Cap- approved by the Secretary a transition plies only to institutions of vocational plan shall: education, professional education, (1) State the name, address, and graduate higher education, and public Federal Interagency Committee on institutions of undergraduate higher Education (FICE) Code of the educaeducation.
tional institution submitting such (e) Public institutions of undergrad- plan, the administratively separate uate higher education. Subpart C does units to which the plan is applicable, not apply to any public institution of and the name, address, and telephone undergraduate higher education number of the person to whom queswhich traditionally and continually tions concerning the plan may be adfrom its establishment has had a
dressed. The person who submits the policy of admitting only students of plan shall be the chief administrator one sex.
or president of the institution, or an(Authority: Secs. 901, 902,
other individual legally authorized to Amendments of 1972, 86 Stat. 373, 374; 20 bind the institution to all actions set U.S.C. 1681, 1682)
forth in the plan. [45 FR 30955, May 9, 1980, as amended at 45 (2) State whether the educational inFR 86298, Dec. 30, 1980)
stitution or administratively separate
unit admits students of both sexes, as 8 106.16 Educational institutions eligible regular students and, if so, when it to submit transition plans.
began to do so. (a) Application. This section applies (3) Identify and describe with reto each educational institution to spect to the educational institution or which Subpart C applies which:
administratively separate unit any ob(1) Admitted only students of one stacles to admitting students without sex as regular students as of June 23, discrimination on the basis of sex. 1972; or
(4) Describe in detail the steps neces(2) Admitted only students of one sary to eliminate as soon as practicasex as regular students as of June 23, ble each obstacle so identified and in1965, but thereafter admitted as regu- dicate the schedule for taking these lar students, students of the sex not steps and the individual directly readmitted prior to June 23, 1965.
sponsible for their implementation. (b) Provision for transition plans. (5) Include estimates of the number An educational institution to which
of students, by sex, expected to apply this section applies shall not discrimi. for, be admitted to, and enter each nate on the basis of sex in admission
class during the period covered by the or recruitment in violation of Subpart plan. C unless it is carrying out a transition (c) Nondiscrimination. No policy or plan approved by the Secretary as de
practice of recipient to which scribed in § 106.17, which plan pro- $ 106.16 applies shall result in treatvides for the elimination of such dis
ment of applicants to or students of crimination by the earliest practicable
such recipient in violation of Subpart date but in no event later than June
C unless such treatment is necessitat23, 1979.
ed by an obstacle identified in para(Authority: Secs. 901, 902, Education graph (b) (3) of this section and a Amendments of 1972, 86 Stat. 373, 374; 20 schedule for eliminating that obstacle U.S.C. 1681, 1682)
has been provided as required by para
graph (b) (4) of this section. 8 106.17 Transition plans.
(d) Effects of past exclusion. To over(a) Submission of plans. An institu- come the effects of past exclusion of tion to which § 106.16 applies and students on the basis of sex, each eduwhich is composed of more than one cational institution to which $ 106.16 administratively separate unit may applies shall include in its transition submit either a single transition plan plan, and shall implement, specific applicable to all such units, or a sepa- steps designed to encourage individ
uals of the previously excluded sex to apply for admission to such institution. Such steps shall include instituting recruitment programs which emphasize the institution's commitment to enrolling students of the sex previously excluded. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
Subpart C-Discrimination on the
Basis of Sex in Admission and
(1) Shall not apply any rule concerning the actual or potential parental, family, or marital status of a student or applicant which 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 which so discriminates or excludes;
(3) Shall treat disabilities related to pregnancy, childbirth, termination of pregnancy, or recovery therefrom in the same manner and under the same policies as any other temporary disability or physical condition; and
(4) Shall not make pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is "Miss" or “Mrs.” A recipient may make pre-admission inquiry as to the sex of an applicant for admision, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
8 106.21 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 this subpart applies, except as provided in $ $ 106.16 and 106.17.
(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 this subpart applies 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
(iii) Otherwise treat one individual differently from another on the basis of sex.
(2) A recipient shall not administer or operate any test or other criterion for admission which 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 which do not have such a disproportionately adverse effect are shown to be unavailable.
(c) Proñibitions 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 this subpart applies:
8 106.22 Preference in admission.
A recipient to which this subpart applies shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity which admits as students only or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of this subpart. (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
8 106.23 Recruitment.
(a) Nondiscriminatory recruitment. A recipient to which this subpart applies shall not discriminate on the basis of sex in the recruitment and admission of students. A recipient may be required to undertake additional recruitment efforts for one sex as remedial action pursuant to § 106.3(a), and may choose to undertake such efforts
as affirmative action pursuant to (5) Apply any rule concerning the $ 106.3(b).
domicile or residence of a student or (b) Recruitment at certain institu- applicant, including eligibility for intions. A recipient to which this sub- state fees and tuition; part applies shall not recruit primarily (6) Aid or perpetuate discrimination or exclusively at educational institu- against any person by providing signiftions, schools or entities which admit icant assistance to any agency, organias students only or predominantly zation, or person which discriminates members of one sex, if such actions on the basis of sex in providing any have the effect of discriminating on aid, benefit or service to students or the basis of sex in violation of this employees; subpart.
(7) Otherwise limit any person in
the enjoyment of any right, privilege, (Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20
advantage, or opportunity. U.S.C. 1681, 1682)
(c) Assistance administered by a re
cipient educational institution Subpart D-Discrimination
study at a foreign institution. A recipion the
ent educational institution may adBasis of Sex in Education Pro
minister or assist in the administragrams and Activities Prohibited
tion of scholarships, fellowships, or
other awards established by foreign or 8 106.31 Education programs and activi.
domestic wills, trusts, or similar legal ties.
instruments, or by acts of foreign gov(a) General. Except as provided else- ernments and restricted to members of where in this part, no person shall, on one sex, which are designed to provide the basis of sex, be excluded from par- opportunities to study abroad, and ticipation in, be denied the benefits of, which are awarded to students who or be subjected to discrimination are already matriculating at or who under any academic, extracurricular, are graduates of the recipient instituresearch, occupational training, or tion; Provided, a recipient educational other education program or activity institution which administers or asoperated by a recipient which receives sists in the administration of such or benefits from Federal financial as- scholarships, fellowships, other sistance. This subpart does not apply awards which are restricted to memto actions of a recipient in connection bers of one sex provides, or otherwise with admission of its students to an makes available reasonable opportunieducation program or activity of (1) a ties for similar studies for members of recipient to which Subpart C does not the other sex. Such opportunities may apply, or (2) an entity, not a recipient, be derived from either domestic or forto which Subpart C would not apply if eign sources. the entity were a recipient.
(d) Programs not operated by recipi(b) Specific prohibitions. Except as ent. (1) This paragraph applies to any provided in this subpart, in providing recipient which requires participation any aid, benefit, or service to a stu
by any applicant, student, or employee dent, a recipient shall not, on the basis in any education program or activity of sex:
not operated wholly by such recipient, (1) Treat one person differently
or which facilitates, permits, or considfrom another in determining whether ers such participation as part of or such person satisfies any requirement equivalent to an education program or or condition for the provision of such activity operated by such recipient, inaid, benefit, or service;
cluding participation in educational (2) Provide different aid, benefits, or consortia and cooperative employment services or provide aid, benefits, or and student-teaching assignments. services in a different manner;
(2) Such recipient; (3) Deny any person any such aid, (i) Shall develop and implement a benefit, or service;
procedure designed to assure itself (4) Subject any person to separate or that the operator or sponsor of such different rules of behavior, sanctions, other education program or activity or other treatment;
takes no action affecting any appli