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[Federal Register: October 29, 1999 (Volume 64, Number 209)]
[Proposed Rules]
[Page 58567-58606]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc99-29]
[[Page 58567]]
_______________________________________________________________________
Part III
Nondiscrimination on the Basis of Sex in Education Programs and
Activities Receiving Federal Financial Assistance; Proposed Rule
_______________________________________________________________________
Nuclear Regulatory Commission
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Tennessee Valley Authority
Department of State
Agency for International Development
Department of Housing and Urban Development
Department of Justice
Department of Labor
Department of the Treasury
Department of Defense
National Archives and Records Administration
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
National Science Foundation
National Foundation on the Arts and the Humanities
National Endowment for the Arts
National Endowment for the Humanities
Institute for Museum and Library Services
Corporation for National and Community Service
Department of Transportation
[[Page 58568]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 5
SMALL BUSINESS ADMINISTRATION
13 CFR Part 113
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1253
DEPARTMENT OF COMMERCE
15 CFR Part 8a
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1317
DEPARTMENT OF STATE
22 CFR Part 146
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 229
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 3
DEPARTMENT OF JUSTICE
28 CFR Part 54
DEPARTMENT OF LABOR
29 CFR Part 36
DEPARTMENT OF THE TREASURY
31 CFR Part 28
DEPARTMENT OF DEFENSE
32 CFR Part 196
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1211
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 23
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 5
GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-4
DEPARTMENT OF THE INTERIOR
43 CFR Part 41
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 19
NATIONAL SCIENCE FOUNDATION
45 CFR Part 618
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Part 1155
National Endowment for the Humanities
45 CFR Part 1171
Institute for Museum and Library Services
45 CFR Part 1182
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2555
DEPARTMENT OF TRANSPORTATION
49 CFR Part 25
Nondiscrimination on the Basis of Sex in Education Programs and
Activities Receiving Federal Financial Assistance
AGENCIES: Nuclear Regulatory Commission; Small Business Administration;
National Aeronautics and Space Administration; Department of Commerce;
Tennessee Valley Authority; Department of State; Agency for
International Development; Department of Housing and Urban Development;
Department of Justice; Department of Labor; Department of the Treasury;
Department of Defense; National Archives and Records Administration;
Department of Veterans Affairs; Environmental Protection Agency;
General Services Administration; Department of the Interior; Federal
Emergency Management Agency; National Science Foundation; National
Endowment for the Arts, National Endowment for the Humanities,
Institute for Museum and Library Services, National Foundation on the
Arts and the Humanities; Corporation for National and Community
Service; Department of Transportation.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed regulation, presented as a common rule, provides
for the enforcement of Title IX of the Education Amendments of 1972, as
amended (``Title IX''), by the agencies identified above. Title IX
prohibits discrimination on the basis of sex in education programs or
activities that receive Federal financial assistance. The promulgation
of this proposed regulation will provide guidance to recipients of
Federal financial assistance who administer education programs or
activities. The provisions of this proposed regulation will also
promote consistent and adequate enforcement of Title IX by the agencies
identified above.
DATES: Comments must be received on or before December 28, 1999.
ADDRESSES: Interested parties should submit written comments on this
notice of proposed rulemaking to Merrily A. Friedlander, Chief,
Coordination and Review Section, P.O. Box 65960, Washington, D.C.
20035-6560, facsimile (202) 307-0595. See Supplementary Information
section for comments regarding the availability of this document in
alternative formats.
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief,
Coordination and Review Section, Civil Rights Division, U.S. Department
of Justice, (202) 307-2222.
SUPPLEMENTARY INFORMATION:
Background
The purpose of this proposed common rule is to provide for the
enforcement of Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. 1681, et seq.) (``Title IX''), as it applies to educational
programs and activities that receive Federal financial assistance from
the agencies participating in this notice. Because the proposed
standards to be established for the enforcement of Title IX are the
same for all of the participating agencies, they are publishing this
notice of proposed rulemaking jointly. The procedures for how an agency
will enforce Title IX, including the conduct of investigations and
compliance reviews, also follow the same structure; all agencies except
the Department of the Treasury (``Treasury'') and the National Archives
and Records Administration (``NARA'') are referencing their respective
procedures under Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d, et seq.), which are virtually identical among the agencies.
Title IX is modeled after Title VI and the statutes have the same
statutory enforcement mechanisms. Although Treasury and NARA do not
have Title VI regulations, both entities are establishing enforcement
procedures, as set forth below, that are akin to other agencies' Title
VI procedures for enforcement.
The final rule adopted by each agency will be codified in that
agency's portion of the Code of Federal Regulations as indicated in
this notice of proposed rulemaking.
In 1979 and 1980, two agencies published notices of proposed
rulemaking for Title IX, but the proposed rules were never issued as
final rules. On April 25, 1979, the Veteran's Administration published
a
[[Page 58569]]
notice of proposed rulemaking. See 44 FR 24320 (1979). On June 17,
1980, the Department of Justice published a notice of proposed
rulemaking. See 45 FR 41001 (1980). By participating in this notice of
proposed rulemaking, these agencies are initiating a new rulemaking
proceeding.
Additional Comment Information
Copies of this notice of proposed rulemaking are available, upon
request, in large print and electronic file on computer disk. Other
formats will be considered upon request.
Overview
As set forth in this proposed rule, the substantive
nondiscrimination obligations of recipients, for the most part, are
identical to those established by the Department of Education (``ED'')
under Title IX. See 34 CFR Part 106. ED's regulations are the model for
this notice of proposed rulemaking for several reasons: the history of
public participation in the development and congressional approval of
ED's regulations, ED's leadership role in Title IX enforcement,
judicial interpretations of ED's regulations, recipients' familiarity
with the regulations, and an interest in maintaining consistency of
interpretation of regulations enforcing Title IX. The regulations,
initially issued by the former Department of Health, Education, and
Welfare (``HEW'') (and adopted by ED upon its establishment in 1980),
are the result of an extensive public comment process and congressional
review. HEW received and considered more than 9700 comments before
drafting its final regulations. 40 FR 24128 (1975). Further, after the
final regulations were issued, but before they became effective,
Congress held six days of hearings to determine whether the regulations
were consistent with the statute. Sex Discrimination Regulations:
Hearings before the Subcomm. on Postsecondary Education of the House
Comm. on Education and Labor, 94th Cong., 1st Sess. (1975).
In addition, under Executive Order 12250, the Department of Justice
is responsible for the ``consistent and effective implementation'' of
several civil rights laws, including Title IX. Using the ED regulation
as the basis for this common rule promotes consistency and efficiency
not only for agencies but for the recipient community. ED is the lead
agency for enforcement of Title IX through its guidance,
interpretations, technical assistance, investigative expertise, and
resources committed. As the vast majority of recipients of Federal
assistance from the identified agencies also receive assistance from
ED, recipients should be subject to a single set of obligations with
respect to Title IX.
Further, both Congress and the courts have interpreted Title IX
based on ED's regulations. For example, in 1974, Congress amended the
statute after holding hearings on provisions in ED's proposed rule. See
20 U.S.C. 1681(a)(6). In 1982, the Supreme Court upheld that portion of
ED's regulations that prohibits discrimination by a recipient on the
basis of sex in its employment practices. See North Haven Bd. of Educ.
v. Bell, 456 U.S. 512 (1982). As discussed below, Congress also passed
the Civil Rights Restoration Act of 1987 (``CRRA''), in large part, to
overrule the Supreme Court's decision in Grove City College v. Bell,
465 U.S. 555 (1984), and thus to make Title IX consistent with ED's
pre-Grove City interpretation of the statute. See S. Rep. No. 100-64,
at 2 (1987), reprinted in 1988 U.S.C.C.A.N. 3, 3-4. The recipient
community, Federal agencies, and the courts should have the benefit of
continued reliance on past interpretations of Title IX and its
regulations, and using the ED regulation as the model for other
agencies promotes that consistency.
As mentioned, the proposed regulations are not identical to ED's
regulations. This proposal addresses several statutory changes that are
not reflected in the existing (but soon to be modified) ED regulation,
one modification in order to be consistent with Supreme Court
precedent, and a few minor changes. A detailed discussion of these
changes is set forth below.
Upon the issuance of final regulations by the participating
agencies, beneficiaries and affected parties will have more
opportunities to file complaints or seek information regarding Title IX
enforcement from various agencies. The agencies intend to develop a
means of sharing enforcement responsibilities and information to ensure
that the most effective action is pursued, at the same time avoiding
both duplication of inquiries by the Federal government and any undue
burden on recipients due to multiple inquiries.
Summary of Regulation
As stated, Title IX prohibits discrimination on the basis of sex in
educational programs or activities that receive Federal financial
assistance. Specifically, the statute states that ``[n]o person in the
United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving
Federal financial assistance,'' with specific exceptions for various
entities, programs, and activities. 20 U.S.C. 1681(a). This statute was
modeled after Title VI, which prohibits discrimination on the basis of
race, color, and national origin in all programs or activities that
receive Federal financial assistance. The goal of Title IX is to ensure
that Federal funds are not utilized for and do not support sex-based
discrimination, and that individuals have equal opportunities, without
regard to sex, to pursue, engage or participate in, and benefit from
academic, extracurricular, research, occupational training, employment,
or other educational programs and activities. For example (and without
limitation), subject to exceptions described in these Title IX
regulations, Title IX prohibits a recipient from discriminating on the
basis of sex in: student admissions, scholarship awards and tuition
assistance, recruitment of students and employees, the provision of
courses and other academic offerings, the provision of and
participation in athletics and extracurricular activities, and all
aspects of employment, including, but not limited to, selection,
hiring, compensation, benefits, job assignments and classification,
promotions, demotions, tenure, training, transfers, leave, layoffs, and
termination. See North Haven, 456 U.S. at 521 (stating that Title IX
``must [be] accord[ed] * * * a sweep as broad as its language'' to
realize goals of eliminating discrimination and promoting equal
opportunity); Cannon v. University of Chicago, 441 U.S. 677, 709 (1979)
(concluding that an implied private right of action was necessary for
Title IX's full enforcement); Franklin v. Gwinnett County Pub. Schs.,
503 U.S. 60 (1992) (concluding that sexual harassment violates Title
IX's proscription against sex discrimination). <SUP>1</SUP> Of course,
Title IX prohibits discrimination on the basis of sex in the operation
of, and the provision or exclusion of benefits by, education and
training programs conducted by noneducational institutions, including,
but not limited to, prisons, museums, job training institutes, and for
profit and nonprofit organizations.
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\1\ See Office for Civil Rights, Dep't of Educ., Sexual
Harassment Guidance: Harassment of Students by School Employees,
Other Students, or Third Parties, 62 FR 12034 (1997).
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Thus, for example, these proposed Title IX regulations will apply
to such diverse activities as a forestry workshop run by a state park
receiving funds from the Department of Interior; a boater
[[Page 58570]]
education program sponsored by a county parks and recreation department
receiving funding from the Coast Guard; a local course concerning how
to start a small business, sponsored by the state department of labor
that receives funding from the Small Business Administration; and,
state and local courses funded by the Federal Emergency Management
Agency in planning how to deal with disasters. It will also apply to a
museum lecture series when the museum receives a grant from the
Institute for Museum and Library Services, or a lecture series on the
history of dance given at a local school of ballet receiving funding
from the National Endowment for the Arts. Vocational training for
inmates in prisons receiving assistance from the Department of Justice
is another example of the type of program this proposed regulation will
cover. In short, these proposed regulations will apply to the
educational programs or activities of any entity receiving financial
assistance from the agencies promulgating this proposed regulation.
It should be noted that we have retained sections from the ED
regulation that impose deadlines for action by recipients. For example,
section ______.110 includes a deadline for educational institutions to
conduct a self-evaluation and section ______.225 includes a timetable
for completion of transitions by an educational institution eliminating
its single-sex status. We have included these and other provisions to
allow for the possible but rare instance where such sections may
continue to be relevant for certain recipients. If a recipient of
assistance from a participating agency also receives funding from ED or
another agency with an existing Title IX regulation, however, the
deadlines, as interpreted by ED or the other agency's regulation, as
applicable, continue to govern. Further, to the extent a recipient has
conducted an evaluation or established procedures to conform to the ED
or another agency's Title IX regulation, the recipient need not repeat
such action in order to conform to the regulations adopted by the
participating agencies. For example, if a recipient has established
grievance procedures, it need not modify such procedures or establish
other procedures to comply with these regulations in the absence of
guidance or instructions from a participating agency that modification
or other action is necessary. Similarly, if a recipient already has
conducted a self-evaluation under Title IX, it need not conduct a new
self-evaluation as a result of receiving funds from a participating
agency, but need only take action if such evaluation or implementation
is found to be incomplete or not in compliance with the regulations.
Subpart A sets forth definitions as well as provisions concerning
remedial action and affirmative action, required assurances, adoption
of grievance procedures, and notification of nondiscrimination
policies. The effect of State and other laws and other requirements is
also explained.
The definition of ``educational institution'' refers to a ``local
educational agency.'' The term ``local educational agency'' has been
recodified at 20 U.S.C. 8801(18), and this change has been made to the
definition of ``educational institution.''
The reference in the definition of ``Federal financial assistance''
to ``agreements'' includes ``cooperative agreements'' by agencies.
Section ______.110, entitled ``Remedial and affirmative action and
self-evaluation,'' is modified slightly by adding the phrase
``consistent with law.'' This entire regulation, of course, should be
interpreted consistent with governing legal decisions. Given recent,
numerous decisions by the Supreme Court and lower courts concerning
affirmative action, agencies should consult with the Department of
Justice regarding interpretations of this section.
A few matters should be noted with respect to assurances. First,
the method or practice of awarding Federal financial assistance varies
among the participating agencies. Some, but not all, agencies require a
formal application for Federal assistance prior to any award, and such
applications will contain the assurances required by section ______.115
of the proposed regulation. Other agencies award assistance through
instruments where the formal agreement or contract of assistance is the
only document executed by the recipient. In the latter instance, the
agreement or contract will include, as a condition of the award, the
required assurances of .115. The presence of an assurance in a
contract, agreement, or document other than ``application,'' wherein
the execution of such document includes the assurance of compliance as
a condition of the award, satisfies ______.115. Second, ______.115(b)'s
reference to Federal financial assistance ``extended to provide real
property or structures thereon, * * * or to provide personal
property,'' should be understood to include the provision of assistance
to aid in the acquisition and/or improvement of such property. Finally,
in order to maintain consistency among agencies regarding the text of
the assurance for compliance with Title IX, we modified ______.115(c)
to include the uniform text of the assurance. This text may be modified
at the discretion of the Office of Management and Budget (``OMB''), or
upon application by an agency and approval by OMB. In addition, the
actual text may be included in, as mentioned, a final contract or
agreement, or in a standard form that includes assurances relating to
other obligations.
Subpart B addresses the scope or coverage of Title IX. Subject to
specific exceptions for institutions or activities, any educational
program or activity, any part of which receives Federal financial
assistance, is subject to Title IX.
Modifications of ED's existing regulations to conform to the
statutory amendments to Title IX are addressed in this subpart. Section
______.205 is amended to incorporate the expanded exemption for
entities controlled by religious institutions. Under the CRRA, the
exemption is no longer limited to educational institutions that are
controlled by religious organizations with tenets contrary to Title IX.
Instead, any educational operation of an entity may be exempt from
Title IX due to control by a religious organization with tenets that
are not consistent with the provisions of Title IX. See 20 U.S.C. 1687.
Further, the exemption would apply to a particular education program
operated by a recipient if this separate program is subject to
religious tenets that are not consistent with Title IX. If a recipient
has obtained an exemption from ED, such exemption also may be submitted
to another funding agency as a basis for an exemption from the second
funding agency.
While it is not expected that many educational institutions will
have a transition plan, we have retained the text of sections
______.225 and ______ .230. In addition, the text of ______.225 has
been slightly modified to require that any transition plans be
submitted solely to the Department of Education.
A new section, ______.235, addresses all other statutory
amendments. See 20 U.S.C. 1681(a)(7)-(9), 1687, 1688. Three exemptions
to Title IX's coverage are identified in ______.235(b) based on
amendments passed in 1976. 20 U.S.C. 1681(a)(7)-(9). Congress exempts
activities undertaken by the American Legion to operate Boys State,
Girls State, Boys Nation, and Girls Nation, and any promotional
activity or selection of participants for such programs by educational
institutions. 20 U.S.C. 1681(a)(7). In addition, father-son and mother-
daughter activities that are sponsored by educational institutions are
similarly exempt from coverage,
[[Page 58571]]
with the condition that if such activities are conducted, reasonably
comparable activities must be provided for students of the opposite
sex. 20 U.S.C. 1681(a)(8). Third, educational institutions may provide
scholarships or other benefits to persons who participate in single-sex
contests where personal appearance is a basis for reward, commonly
referred to as ``beauty pageants.'' 20 U.S.C. 1681(a)(9).
As part of the CRRA, Congress also added a definition of ``program
or activity.'' See 20 U.S.C. 1687. Congress took this action in order
to reverse the meaning and consequences of the Supreme Court's decision
in Grove City College, which defined ``program or activity'' in
restrictive terms. 465 U.S. at 572-74; S. Rep. No. 100-64, at 11-16,
reprinted in 1988 U.S.C.C.A.N. at 13-18. The Court concluded in Grove
City College that Federal student financial assistance provided to a
college established Title IX jurisdiction only over the college's
financial aid program, not the entire college. Ibid. This
interpretation significantly narrowed the prohibitions of Title IX and
its counterparts, Title VI of the Civil Rights Act of 1964, as amended,
42 U.S.C. 2000d, et seq., the Age Discrimination Act of 1975, 42 U.S.C.
6101, et seq., and Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794. See S. Rep. No. 100-64, at 2-3, 11-16,
reprinted in 1988 U.S.C.C.A.N. at 3-4, 13-18.
By statutory amendment, and as set forth in ______.235(c), Congress
restored the broad interpretation accorded the phrase ``program or
activity'' prior to Grove City College. The provision addresses the
scope of coverage for four broad categories of recipients: State or
local entities, educational institutions, private entities, and
entities that are a combination of any of those groups. The scope of
coverage is no longer limited to the exact purpose or nature of the
Federal funding. If, for example, a State or local agency receives
Federal assistance for one of many functions of the agency, all of the
operations of the entire agency are subject to the nondiscrimination
provisions of Title IX. 20 U.S.C. 1687(1)(A). Further, if the aid is
distributed to an entity or unit of government that subsequently
distributes the assistance to a second agency, the entire agency to
which the assistance was initially allocated is subject to Title IX.
See 20 U.S.C. 1687(1)(B); S. Rep. No. 100-64, at 16, reprinted in 1988
U.S.C.C.A.N. at 18. With respect to educational institutions, it is
critical to remember that all of the operations of the institution,
whether or not an operation is educational or academic in nature, are
subject to Title IX's prohibition on discrimination. Thus, for example,
housing programs, a shuttle service, food service, and other commercial
operations are covered by Title IX if any part of the entity is a
recipient of Federal funds. The degree of coverage of private entities,
such as private corporations and partnerships, will vary depending on
how the funding is provided, the principal purpose or objective of the
entity, and/or how the entity is structured (e.g., physically separate
offices or plants). All of the operations of private businesses that
are principally engaged in education, health care, housing, social
services, or parks and recreation are considered a ``program or
activity'' for purposes of Title IX. 20 U.S.C. 1687(3)(A)(ii). S. Rep.
No. 100-64 provides numerous other examples of the scope of coverage
with regard to each category of recipient, and readers are referred to
this material. S. Rep. No. 100-64, at 16-20, reprinted in 1988
U.S.C.C.A.N. at 18-22.
Moreover, regulatory language made superfluous by the enactment of
the CRRA has been omitted in the proposed rule. The Department of
Education's Title IX regulations, promulgated in 1975, defined
``recipient'' as an entity ``to whom Federal financial assistance is
extended directly or through another recipient and that operates an
education program or activity that receives or benefits from such
assistance.'' At that time, the words ``or benefits from'' were
necessary to clarify that all of the operations of a university or
other educational institution that receives Federal funds--not just the
particular programs receiving financial assistance--are covered by
Title IX's nondiscrimination requirements. As noted above, this
interpretation was rejected by the Supreme Court in 1984 in Grove City
College v. Bell, which held that Federal student aid established Title
IX jurisdiction only over the financial aid program, and not the entire
institution. However, Congress' 1988 enactment of the CRRA counteracted
this decision by defining ``program or activity'' to provide expressly
that Title IX covers all educational programs of a recipient
institution. Because of this statutory change, the words ``or benefits
from'' are no longer necessary as a regulatory matter and have thus
been omitted in the proposed common rule as superfluous. This deletion
does not affect the reach of Title IX.
Finally, it is important to note that the restored, broad
interpretation of ``program or activity'' does not in any way alter the
requirement of 20 U.S.C. 1682 that a proposed or effectuated fund
termination be limited to the particular program(s) ``or part thereof''
that discriminate(s), or, as appropriate, to all of the programs that
are infected by the discriminatory practices. See S. Rep. No. 100-64,
at 20, reprinted in 1988 U.S.C.C.A.N. at 22 (``The bill defines
`program' in the same manner as `program or activity,' and leaves
intact the ``or part thereof'' pinpointing language.'').
Section ______.235(d) reflects the ``abortion neutrality''
provision in the CRRA, commonly referred to as the Danforth amendment,
which provides: ``Nothing in this chapter 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. 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.'' 20 U.S.C. 1688.
The first sentence of the Danforth amendment is incorporated in
subsection ______.235(d)(1), which states that recipients are not
required to provide or pay for any benefit or service related to an
abortion. Consistent with congressional intent,<SUP>2</SUP> however,
this provision does not allow recipients of Federal assistance to deny
medical procedures, benefits, services, or the use of facilities if
necessary to save the life of a pregnant woman, or for medical
complications arising from or related to an abortion.
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\2\ See 134 Cong. Rec. 353 (1988) (In response to Sen.
Metzenbaum's charge that discriminatory treatment would follow
adoption of the Danforth amendment, and criticism that the amendment
failed to account for abortions that are necessary to save the life
of the woman, Sen. Danforth replied that Sen. Metzenbaum's
characterizations were ``completely erroneous and totally without
foundation at all.''); 134 Cong. Rec. 2931 (1988) (statement of Rep.
Hawkins); id. at 2935 (statement of Rep. Jeffords); id. at 2945
(statement of Rep. AuCoin) (``Equally important is the fact that the
bill clearly prohibits denial of provision of services related to
complications arising from abortion under the terms of title IX.'');
id. at 2948 (statement of Rep. Edwards) (``Under its provisions, a
covered institution does not have to include the costs of an
abortion procedure in insurance for its students or employees. But
[it] does not mean that it can exclude, for example, medical
complications related to an abortion. Under the Danforth Amendment,
Title IX still requires those complications to be covered.'').
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The second sentence of the Danforth amendment is incorporated in
______.235(d)(2). In addition, this subsection makes it clear that,
consistent with the Danforth amendment, the regulations prohibit
discrimination against, exclusion of, or denial of benefits to, a
person because that person has obtained, sought, or will
[[Page 58572]]
seek an abortion. This prohibition applies to any service or benefit
for an applicant (for enrollment or employment), student, or
employee.<SUP>3</SUP>
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\3\ This provision is consistent with the Danforth amendment and
congressional intent. Statements of numerous senators and
representatives, including Sen. Danforth and other sponsors,
reiterate the plain meaning of the prohibition, and treat the
imposition of penalties as one form of discriminatory treatment
against women who have sought or will seek an abortion. See 134
Cong. Rec. 242 (1988) (statement of Sen. Danforth) (``In fact, it is
prohibited--hospitals, colleges, universities--from discriminating
against people who have had abortions or who are seeking abortions.
So it does not intend to authorize, in fact, it prohibits, penalties
against people who have made their own choice for abortion.'')
(emphasis added); id. at 353 (statement of Sen. Wilson) ([The second
sentence of the Danforth amendment] was language which I and others
insisted be in there, precisely to ensure that there could not be
discrimination against women who either are seeking or have received
abortion-related services.'') (emphasis added).
Other members of Congress agreed with the Danforth amendment
because of the specific inclusion of language prohibiting
discrimination. E.g., 134 Cong. Rec. 2945 (1988) (statement of Rep.
AuCoin) (``And with their statements [by Sen. Danforth and Wilson,
as quoted above] clarifying that this legislation before us today
expressly prohibits, and does not in any way permit, discrimination
against women who have had or are seeking abortions, I can support
this bill.''); id. at 2948 (statement of Rep. Edwards). See also id.
at 2935 (statement of Rep. Jeffords) (``The second sentence of the
amendment will ensure that a woman is not denied scholarships,
promotions, extracurricular activities, student employment or any
other benefits because she has received or is seeking an
abortion.''); id. at 2945 (statement of Rep. AuCoin) (``With
assurances from the authors of the Danforth amendment, and with the
clarification provided by the floor leaders today, it is now clear
that this legislation prohibits discrimination based on a person's
decision regarding abortion--in scholarships, in housing, in
extracurricular activities, in student or faculty hire and tenure,
and in other benefits offered to students or employees under title
IX.''); id. at 2948 (statement of Rep. Edwards) (``Whether it be
scholarships, promotions, extracurricular activities, student
employment or any other benefits offered to students or employees,
under title IX benefits cannot be withheld from a student or
employees because she received or is seeking an abortion.'').
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Finally, in order to conform ED's existing text to that aspect of
the Danforth amendment that does not require or prohibit a recipient
from providing services or payment for an abortion, a specific
reference to .235(d) is added to the following provisions:
______.300(c)(3), ______.440, ______.445(b)(4), and ______.530(c).
Subpart C addresses nondiscrimination on the basis of sex in
admission and recruitment practices with respect to students. For
example, recipients may not impose numerical limits on the number or
proportion of persons of either sex who may be admitted. In addition, a
recipient may not give preference to one sex by separately ranking
applicants on the basis of sex, or otherwise treat individuals
differently because of their sex. Additional prohibitions of
discrimination on the basis of parental and marital status are also
identified.
Subpart D addresses nondiscrimination on the basis of sex in
education programs and activities. Specific areas covered in this
subpart are housing, access to course offerings, access to schools
operated by local education agencies, counseling, financial assistance,
employment assistance to students, health and insurance benefits and
services, consideration of marital and parental status, and athletics.
The proposed regulations do not cover a recipient's use of particular
textbooks or curricular materials. The time frames identified in
section ______.450(d), which address athletic programs, apply only if
the recipient also does not receive funding from the Department of
Education; otherwise, such recipient is expected to have complied
within the time frames established by the ED regulation.
Subpart E covers the prohibitions of discrimination on the basis of
sex in employment in educational programs and activities. Specific
aspects of employment that are addressed include hiring and employment
criteria, recruitment, compensation, job classification and structure,
promotion and termination, fringe benefits, consideration of marital or
parental status, leave practices, advertising, and preemployment
inquiries as to parental and marital status. The subpart also includes
a provision to exempt actions where sex is a bona fide occupational
qualification. Section ______.525(b)(2), which concerns the provision
of fringe benefits, is modified slightly in order to conform to
principles established by the Supreme Court under Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq.. The
Supreme Court has held that fringe benefit plans may not require higher
contributions from women than from men to receive the same benefits.
See City of Los Angeles Dept. of Water and Power v. Manhart, 435 U.S.
702 (1978). Further, benefit plans may not provide lower benefits to
women who made the same contributions as men. See Arizona Governing
Comm. v. Norris, 463 U.S. 1073 (1983).
Subpart F addresses the agencies' respective procedures for
implementation and enforcement of Title IX. Within 60 days of the
publication of these Title IX regulations as a final rule, each agency
will publish a notice in the Federal Register that identifies its
respective programs that are covered by these Title IX regulations.
Each agency will supplement or modify its notice of covered programs,
as appropriate, to reflect changes in coverage.
For those agencies that have regulations to enforce Title VI, such
procedures will be adopted and referenced. Titles VI and IX address
discrimination in Federally assisted programs and have identical
statutory enforcement schemes. The administrative enforcement
procedures in Title VI regulations are virtually identical among the
participating agencies, and differences are minor. For the Department
of the Treasury and NARA, the specific text is set forth herein since
neither has a Title VI regulation. The Corporation for Community and
National Service, which is the successor to ACTION, is subject to the
Title VI regulations promulgated by ACTION. See National and Community
Service Trust Act of 1993, Public Law 103-82, section 203(c)(2), 107
Stat. 785, 892; 45 CFR Part 1203. It also should be noted that some
agencies, based on other Federal laws, have promulgated regulations
that similarly prohibit discrimination on the basis of sex in programs
that receive Federal financial assistance. In the absence of a specific
agency adoption, it should be understood that such existing regulations
remain in force and are unaffected by this proposed regulation.
Applicable Executive Orders and Regulatory Certifications
This proposed Title IX regulation has been reviewed by the Equal
Employment Opportunity Commission pursuant to Executive Order 12067.
This proposed Title IX regulation has been drafted and reviewed in
accordance with Executive Order 12866, section 1(b), Principles of
Regulation. The participating agencies have determined that this rule
is a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review, yet it is not
``economically significant'' as defined in section 3(f)(1), and,
therefore, the information enumerated in section 6(a)(3)(C) of the
order is not required. Pursuant to Executive order 12866, this rule has
been reviewed by OMB.
The participating agencies have determined that this Title IX
regulation is not a major rule as defined by the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-
[[Page 58573]]
based companies in domestic and export markets. All of the entities
that are subject to these regulations are already covered by Title IX.
While these regulations address standards of liability and require that
recipients establish grievance procedures and take other action, a
substantial number of entities already are subject to other agencies'
Title IX regulations that impose the same requirements. Accordingly,
these regulations will not impose new obligations on many recipients.
These Title IX regulations enforce a statutory prohibition on
discrimination on the basis of sex and, therefore, the participating
agencies certify that no actions were deemed necessary under the
Unfunded Mandates Reform Act of 1995. Furthermore, these regulations
will not result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments.
The participating agencies, in accordance with the Regulatory
Flexibility Act, 5 U.S.C. 605(b), have reviewed these Title IX
regulations and by approving certify that these regulations will not
have a significant economic impact on a substantial number of small
entities because all of the entities that are subject to these
regulations are already subject to Title IX, and a substantial number
of entities already are subject to the Title IX regulations of other
agencies.
This is not a ``major rule,'' nor will it have a significant
economic impact on a substantial number of small entities, in large
part because these regulations do not impose any new substantive
obligations on Federal funding recipients. All recipients of Federal
funding that operate educational programs or activities have been bound
by Title IX's antidiscrimination provision since 1972. Individual
participants in such programs have thus long had the right to be free
from sex discrimination, and have enjoyed the corollary ability to file
an administrative complaint and/or a private lawsuit when they believe
their rights to have been violated. The common rule merely ensures that
such individuals receive notice regarding their rights under Title IX
and outlines a process for handling administrative complaints for those
agencies that do not yet have such a process in place for Title IX.
Indeed, by identifying a coherent scheme for resolving complaints
administratively, this proposal may help prevent costly private
litigation.
Entities receiving funding from one of the four Federal agencies
that already have Title IX regulations will face no new requirements
under the common rule. Those entities receiving funding from an agency
that does not currently have Title IX regulations will now be required
to notify their students and employees that sex discrimination is
prohibited and to adopt and publish grievance procedures outlining the
process for filing an administrative complaint.
To the extent these requirements will be new for some entities,
they are not burdensome. Indeed, Federal funding recipients are already
required to have most of these procedures under other civil rights
statutes, and would generally fulfill the requirements of the common
rule by including Title IX within their existing processes. Similarly,
the common rule also requires a covered recipient to designate an
employee to coordinate Title IX compliance efforts. In many, if not
most, cases, that person would be the same person currently responsible
for handling complaints under the other antidiscrimination laws.
Paperwork Reduction Act of 1995
Sections ______.110, ______.115, and ______.230 contain information
collection requirements. As required by the Paperwork Reduction Act of
1995, 44 U.S.C. 3507(d), the Department of Justice, on behalf of the
participating agencies, has submitted a copy of these sections to OMB
for its review.
Collection of Information: Self-Evaluations
A recipient educational institution is required within one year of
the effective date of these regulations to evaluate its current
services, policies, and practices and the effects thereof concerning
admission of students, treatment of students, and employment of both
academic and non-academic personnel in connection with the recipient's
education program or activity to determine whether they meet the
requirements of Title IX, and to the extent the requirements are not
met, to make the required modifications. In addition, recipients are to
maintain this self-evaluation on file for at least three years
following completion of the evaluation, and to provide to the
designated agency official upon request, a description of any
modifications and remedial steps made under the self-evaluation
requirements. These requirements are the most efficient means of self-
evaluation and recordkeeping.
Nearly all educational institutions affected by this provision have
already complied or are required to comply with this provision under
Title IX regulations promulgated by the U.S. Department of Education.
The number of recipient educational institutions that have not
previously complied or are required to comply is estimated as fewer
than ten. The public reporting and recordkeeping burden for this
collection of information for those remaining recipients is estimated
to be thirty hours in order to conduct self-evaluations. This burden is
incurred when a recipient is required to evaluate their current
services, policies, and practices for compliance with Title IX. It
should be noted that this calculation does not include the number of
recipients which are already required to do self-evaluations under
Title IX regulations promulgated by the U.S. Department of Education.
Based on data provided by all participating agencies, the estimated
burden for reading and completing this form was calculated as follows:
Respondents......................................................... 5
Responses (times)................................................... 1
Hours per respondent (times)........................................ 6
---
Annual reporting burden (hours)................................. 30
Collection of Information: Assurances of Compliance
These regulations require applications for Federal financial
assistance for an education program or activity to be accompanied by an
assurance from the applicant or recipient 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
regulations. Completing this form is the clearest, most effective, and
least burdensome means of placing a recipient on notice of its
obligations to comply with Title IX.
The public reporting and recordkeeping burden for this collection
of information for all participating agencies is estimated to be 22,738
hours in order to read and complete the assurance form. This burden is
incurred when an applicant or recipient completes an application for
Federal financial assistance from a participating agency for the first
time or if there is a break in continuity of assistance from such
agency. It is estimated that approximately 25% of recipients seek
assistance from more than one Federal agency; thus, the Department of
Justice estimates that assurances would be required an average of 1.25
times rather than once, per recipient. It should be noted that this
calculation does not include the number of recipients at agencies,
including the Departments of Commerce, Interior, and Labor, which
[[Page 58574]]
already use OMB assurance forms or other assurance forms previously
approved by OMB that include text regarding compliance with Title IX.
Based on data provided by all participating agencies, the estimated
burden for reading and completing this form was calculated as follows:
Respondents.................................................. 107,000
Responses (times)............................................ 1.25
Hours per respondent (times 10 minutes)...................... .17
----------
Annual reporting burden (hours).......................... 22,738
Collection of Information: Transition Plans
A recipient educational institution is required to submit a
transition plan if it has admitted students of only one sex as regular
students as of June 23, 1972, or 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. The transition plan requirements listed in this rule are the most
efficient means of preparing transition plans and related
recordkeeping.
All educational institutions affected by this provision have
already complied or are required to comply with this provision under
Title IX regulations promulgated by the U.S. Department of Education.
There are no new educational institutions anticipated that would fall
into this category. The public reporting and recordkeeping burden for
this collection of information for recipient educational institutions
is therefore estimated to be zero hours in order to develop transition
plans. This burden is incurred when a recipient is required to develop
and implement a transition plan. It should be noted that this
calculation does not include the number of recipients which are already
required to do transition plans under Title IX regulations promulgated
by the U.S. Department of Education.
Based on data provided by all participating agencies, the estimated
burden for reading and completing this form was calculated as follows:
Respondents......................................................... 0
Responses (times)................................................... 1
Hours per respondent (times)........................................ 8
---
Annual reporting burden (times hour)............................ 0
Organizations and individuals desiring to submit comments on these
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 10235, New Executive
Office Building, Washington, D.C. 20503; Attention: Desk Officer for
U.S. Department of Justice.
The Department of Justice will consider comments by the public on
these proposed collections of information in--
<bullet> Evaluating whether the proposed collection of information
is necessary for the proper performance of the functions of the
participating agencies, including whether the information will have a
practical use;
<bullet> Evaluating the accuracy of the participating agencies'
collective estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used;
<bullet> Enhancing the quality, usefulness, and clarity of the
information to be collected; and
<bullet> Minimizing the burden of collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
OMB is required to make a decision concerning the collections of
information contained in these proposed regulations between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. This does not affect
the deadline for the public to comment to the Department of Justice or
participating agencies on the proposed regulation.
Text of the Proposed Common Rule
The text of this common rule as proposed in this document appears
below:
[PART/Subpart] ______--NONDISCRIMINATION ON THE BASIS OF SEX IN
EDUCATION PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL
ASSISTANCE
Subpart A--Introduction
Sec.
______.100 Purpose and effective date
______.105 Definitions
______.110 Remedial and affirmative action and self-evaluation
______.115 Assurance required
______.120 Transfers of property
______.125 Effect of other requirements
______.130 Effect of employment opportunities
______.135 Designation of responsible employee and adoption of
grievance procedures
______.140 Dissemination of policy
Subpart B--Coverage
______.200 Application
______.205 Educational institutions and other entities controlled
by religious organizations
______.210 Military and merchant marine educational institutions
______.215 Membership practices of certain organizations
______.220 Admissions
______.225 Educational institutions eligible to submit transition
plans
______.230 Transition plans
______.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
______.300 Admission
______.305 Preference in admission
______.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
______.400 Education programs and activities
______.405 Housing
______.410 Comparable facilities
______.415 Access to course offerings
______.420 Access to schools operated by LEAs
______.425 Counseling and use of appraisal and counseling materials
______.430 Financial assistance
______.435 Employment assistance to students
______.440 Health and insurance benefits and services
______.445 Marital or parental status
______.450 Athletics
______.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
______.500 Employment
______.505 Employment criteria
______.510 Recruitment
______.515 Compensation
______.520 Job classification and structure
______.525 Fringe benefits
______.530 Marital or parental status
______.535 Effect of state or local law or other requirements
______.540 Advertising
______.545 Pre-employment inquiries
______.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
______.600 Notice of covered programs
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Subpart A--Introduction
Section ______.100 Purpose and Effective Date
The purpose of these Title IX regulations is to effectuate Title IX
of the Education Amendments of 1972, as amended (except sections 904
and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686,
1687, 1688), which is designed to eliminate (with certain exceptions)
discrimination on the basis of sex in any education program or activity
receiving Federal financial assistance, whether or not such program or
activity is offered or
[[Page 58575]]
sponsored by an educational institution as defined in these Title IX
regulations. The effective date of these Title IX regulations shall be
[30 days after publication of the final rule].
Section ______.105 Definitions
As used in these Title IX regulations, the term:
Administratively separate unit means a school, department, or
college of an educational institution (other than a local educational
agency) admission to which is independent of admission to any other
component of such institution.
Admission means selection for part-time, full-time, special,
associate, transfer, exchange, or any other enrollment, membership, or
matriculation in or at an education program or activity operated by a
recipient.
Applicant means one who submits an application, request, or plan
required to be approved by an official of the Federal agency that
awards Federal financial assistance, or by a recipient, as a condition
to becoming a recipient.
Designated agency official means [to be inserted by agency].
Educational institution means a local educational agency (LEA) as
defined by 20 U.S.C. 8801(18), a preschool, a private elementary or
secondary school, or an applicant or recipient that is an institution
of graduate higher education, an institution of undergraduate higher
education, an institution of professional education, or an institution
of vocational education, as defined in this section.
Federal financial assistance means any of the following, when
authorized or extended under a law administered by the Federal agency
that awards such assistance:
(1) A grant or loan of Federal financial assistance, including
funds made available for:
(i) The acquisition, construction, renovation, restoration, or
repair of a building or facility or any portion thereof; and
(ii) Scholarships, loans, grants, wages, or other funds extended to
any entity for payment to or on behalf of students admitted to that
entity, or extended directly to such students for payment to that
entity.
(2) A grant of Federal real or personal property or any interest
therein, including surplus property, and the proceeds of the sale or
transfer of such property, if 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.
(3) Provision of the services of Federal personnel.
(4) Sale or lease of Federal property or any interest therein at
nominal consideration, or at consideration reduced for the purpose of
assisting the recipient or in recognition of public interest to be
served thereby, or permission to use Federal property or any interest
therein without consideration.
(5) Any other contract, agreement, or arrangement that has as one
of its purposes the provision of assistance to any education program or
activity, except a contract of insurance or guaranty.
Institution of graduate higher education means an institution that:
(1) Offers academic study beyond the bachelor of arts or bachelor
of science degree, whether or not leading to a certificate of any
higher degree in the liberal arts and sciences;
(2) Awards any degree in a professional field beyond the first
professional degree (regardless of whether the first professional
degree in such field is awarded by an institution of undergraduate
higher education or professional education); or
(3) Awards no degree and offers no further academic study, but
operates ordinarily for the purpose of facilitating research by persons
who have received the highest graduate degree in any field of study.
Institution of professional education means an institution (except
any institution of undergraduate higher education) that offers a
program of academic study that leads to a first professional degree in
a field for which there is a national specialized accrediting agency
recognized by the Secretary of Education.
Institution of undergraduate higher education means:
(1) An institution offering at least two but less than four years
of college-level study beyond the high school level, leading to a
diploma or an associate degree, or wholly or principally creditable
toward a baccalaureate degree; or
(2) An institution offering academic study leading to a
baccalaureate degree; or
(3) An agency or body that certifies credentials or offers degrees,
but that may or may not offer academic study.
Institution of vocational education means a school or institution
(except an institution of professional or graduate or undergraduate
higher education) that has as its primary purpose preparation of
students to pursue a technical, skilled, or semiskilled occupation or
trade, or to pursue study in a technical field, whether or not the
school or institution offers certificates, diplomas, or degrees and
whether or not it offers full-time study.
Recipient means any State or political subdivision thereof, or any
instrumentality of a State or political subdivision thereof, any public
or private agency, institution, or organization, or other entity, or
any person, to whom Federal financial assistance is extended directly
or through another recipient and that operates an education program or
activity that receives such assistance, including any subunit,
successor, assignee, or transferee thereof.
Student means a person who has gained admission.
Title IX means Title IX of the Education Amendments of 1972, Public
Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-
1688) (except sections 904 and 906 thereof), as amended by section 3 of
Public Law 93-568, 88 Stat. 1855, by section 412 of the Education
Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3
of Pub. L. 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683,
1685, 1686, 1687, 1688).
Title IX regulations means the provisions set forth at [to be
inserted by agency].
Transition plan means a plan subject to the approval of the
Secretary of Education pursuant to section 901(a)(2) of the Education
Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational
institution operates in making the transition from being an educational
institution that admits only students of one sex to being one that
admits students of both sexes without discrimination.
Section ______.110 Remedial and Affirmative Action and Self-Evaluation
(a) Remedial action. If the designated agency official finds that a
recipient has discriminated against persons on the basis of sex in an
education program or activity, such recipient shall take such remedial
action as the designated agency official deems necessary to overcome
the effects of such discrimination.
(b) Affirmative action. In the absence of a finding of
discrimination on the basis of sex in an education program or activity,
a recipient may take affirmative action consistent with law to overcome
the effects of conditions that resulted in limited participation
therein by persons of a particular sex. Nothing in these Title IX
regulations shall be interpreted to alter any affirmative action
obligations that a recipient may have under Executive Order 11246, 3
CFR,
[[Page 58576]]
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.
(c) Self-evaluation. Each recipient education institution shall,
within one year of [the effective date of these Title IX regulations]:
(1) Evaluate, in terms of the requirements of these Title IX
regulations, its current policies and practices and the effects thereof
concerning admission of students, treatment of students, and employment
of both academic and non-academic personnel working in connection with
the recipient's education program or activity;
(2) Modify any of these policies and practices that do not or may
not meet the requirements of these Title IX regulations; and
(3) Take appropriate remedial steps to eliminate the effects of any
discrimination that resulted or may have resulted from adherence to
these policies and practices.
(d) Availability of self-evaluation and related materials.
Recipients shall maintain on file for at least three years following
completion of the evaluation required under paragraph (c) of this
section, and shall provide to the designated agency official upon
request, a description of any modifications made pursuant to paragraph
(c)(2) of this section and of any remedial steps taken pursuant to
paragraph (c)(3) of this section.
Section ______.115 Assurance Required
(a) General. Every application for Federal financial assistance for
any education program or activity shall as a condition of its approval
contain or be accompanied by an 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 Sec. ______.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 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).''
(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.
Section ______.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 Secs. ______.205 through ______.235(a).
Section ______.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.
Section ______.130 Effect of Employment Opportunities
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.
Section ______.135 Designation of Responsible Employee 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
[[Page 58577]]
student and employee complaints alleging any action that would be
prohibited by these Title IX regulations.
Section ______.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,
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 discriminate in education programs
and activities extends to employment therein, and to admission thereto
unless Secs. ______.300 through 310 do not apply to the recipient, and
that inquiries concerning the application of Title IX and these Title
IX regulations to such recipient may be referred to the employee
designated pursuant to Sec. ______.135, or to the designated agency
official.
(2) Each recipient shall make the initial notification required by
paragraph (a)(1) of this section within 90 days of [the effective date
of these Title IX regulations] or of the date these Title IX
regulations first apply 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 that 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 paragraph (b)(1) of this section that suggests, by
text or illustration, that such recipient treats applicants, students,
or employees differently on the basis of sex except as such treatment
is permitted by these Title IX regulations.
(c) Distribution. Each recipient shall distribute without
discrimination on the basis of sex each publication described 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.
Subpart B--Coverage
Section ______.200 Application
Except as provided in Secs. ______.205 through ______.235(a) of
this subpart, these Title IX regulations apply to every recipient and
to each education program or activity operated by such recipient that
receives Federal financial assistance.
Section ______.205 Educational Institutions and Other Entities
Controlled by Religious Organizations
(a) Exemption. 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.
Section ______.210 Military and Merchant Marine Educational
Institutions
These Title IX regulations do not apply to an educational
institution whose primary purpose is the training of individuals for a
military service of the United States or for the merchant marine.
Section ______.215 Membership Practices of Certain Organizations.
(a) Social fraternities and sororities. These Title IX regulations
do not apply to the membership practices of social 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 organizations. 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.
Section______.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, Secs. ______.225 and ______.230, and Secs. ______.300 through
______.310, each administratively separate unit shall be deemed to be
an educational institution.
(c) Application of Secs. ______.300 through ______.310. Except as
provided in paragraphs (d) and (e) of this section, Secs. ______.300
through ______.310 apply to each recipient. A recipient to which
Secs. ______.300 through ______.310 apply shall not discriminate on the
basis of sex in admission or recruitment in violation of
Secs. ______.300 through ______.310.
(d) Educational institutions. Except as provided in paragraph (e)
of this section as to recipients that are educational institutions,
Secs. ______.300 through ______.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.
Secs. ______.300 through ______.310 do not apply to any public
institution of undergraduate higher education that traditionally and
continually from its establishment has had a policy of admitting
students of only one sex.
[[Page 58578]]
Section______.225 Educational Institutions Eligible To Submit
Transition Plans
(a) Application. This section applies to each educational
institution to which Secs. ______.300 through .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 Secs. ______.300 through
______.310.
Section______.230 Transition Plans
(a) Submission of plans. An institution to which Sec. ______.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 obstacles to
admitting students without discrimination on the basis of sex.
(4) Describe in detail the steps necessary to eliminate as soon as
practicable each obstacle so identified and indicate the schedule for
taking these steps and the individual directly responsible for their
implementation.
(5) Include estimates of the number of students, by sex, expected
to apply for, be admitted to, and enter each class during the period
covered by the plan.
(c) Nondiscrimination. No policy or practice of a recipient to
which Sec. ______.225 applies shall result in treatment of applicants
to or students of such recipient in violation of Secs. ______.300
through ______.310 unless such treatment is necessitated by an obstacle
identified in paragraph (b)(3) of this section and a schedule for
eliminating that obstacle has been provided as required by paragraph
(b)(4) of this section.
(d) Effects of past exclusion. To overcome the effects of past
exclusion of students on the basis of sex, each educational institution
to which Sec. ______.225 applies shall include in its transition plan,
and shall implement, specific steps designed to encourage individuals
of the previously excluded sex to apply for admission to such
institution. Such steps shall include instituting recruitment programs
that emphasize the institution's commitment to enrolling students of
the sex previously excluded.
Section______.235 Statutory Amendments
(a) This section, which applies to all provisions of these Title IX
regulations, addresses statutory amendments to Title IX.
(b) These Title IX regulations shall not apply to or preclude:
(1) Any program or activity of the American Legion undertaken in
connection with the organization or operation 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, 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:
(i)(A) 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, partnership, 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
[[Page 58579]]
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 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
Section ______.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 Secs. ______.300 through ______.310 apply, except as
provided in Secs. ______.225 and ______.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 Secs. ______.300 through ______.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
(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 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
Secs. ______.300 through ______.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;
(3) Subject to Sec. ______.235(d), 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 admission, 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
these Title IX regulations.
Section ______.305 Preference in Admission
A recipient to which Secs. ______.300 through______.310 apply shall
not give preference to applicants for admission, on the basis of
attendance at any educational institution or other school or entity
that 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 Secs. ______.300 through ______.310.
Section ______.310 Recruitment
(a) Nondiscriminatory recruitment. A recipient to which
Secs. ______.300 through ______.310 apply 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 Sec. ______.110(a), and may choose to
undertake such efforts as affirmative action pursuant to Sec.
______.110(b).
(b) Recruitment at certain institutions. A recipient to which
Secs. ______.300 through ______.310 apply shall not recruit primarily
or exclusively at educational institutions, schools, or entities that
admit as students only or predominantly members of one sex, if such
actions have the effect of discriminating on the basis of sex in
violation of Secs. ______.300 through ______.310.
Subpart D--Discrimination on the Basis of Sex in Education Programs
and Activities Prohibited
Section ______.400 Education Programs and Activities
(a) General. Except as provided elsewhere in these Title IX
regulations, no person shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any academic, extracurricular, research,
occupational training, or other education program or activity operated
by a recipient that receives Federal financial assistance. Sections
______.400 through ______.455 do not apply to actions of a recipient in
connection with admission of its students to an education program or
activity of a recipient to which Secs. ______.300 through ______.310 do
not apply, or an entity, not a recipient, to which Secs. ______.300
through ______.310 would not apply if the entity were a recipient.
(b) Specific prohibitions. Except as provided in Secs. ______.400
through ______.455, in providing any aid, benefit, or service to a
student, a recipient shall not, on the basis of sex:
(1) Treat one person differently from another in determining
whether such person satisfies any requirement or condition for the
provision of such aid, benefit, or service;
(2) Provide different aid, benefits, or services or provide aid,
benefits, or services in a different manner;
(3) Deny any person any such aid, benefit, or service;
(4) Subject any person to separate or different rules of behavior,
sanctions, or other treatment;
(5) Apply any rule concerning the domicile or residence of a
student or applicant, including eligibility for in-state fees and
tuition;
(6) Aid or perpetuate discrimination against any person by
providing significant assistance to any agency, organization, or person
that discriminates on the basis of sex in providing any aid, benefit,
or service to students or employees;
(7) Otherwise limit any person in the enjoyment of any right,
privilege, advantage, or opportunity.
(c) Assistance administered by a recipient educational institution
to study at a foreign institution. A recipient educational institution
may administer or assist in the administration of scholarships,
fellowships, or other awards established by foreign or domestic wills,
trusts, or
[[Page 58580]]
similar legal instruments, or by acts of foreign governments and
restricted to members of one sex, that are designed to provide
opportunities to study abroad, and that are awarded to students who are
already matriculating at or who are graduates of the recipient
institution; Provided, that a recipient educational institution that
administers or assists in the administration of such scholarships,
fellowships, or other awards that are restricted to members of one sex
provides, or otherwise makes available, reasonable opportunities for
similar studies for members of the other sex. Such opportunities may be
derived from either domestic or foreign sources.
(d) Programs not operated by recipient. (1) This paragraph (d)
applies to any recipient that requires participation by any applicant,
student, or employee in any education program or activity not operated
wholly by such recipient, or that facilitates, permits, or considers
such participation as part of or equivalent to an education program or
activity operated by such recipient, including participation in
educational consortia and cooperative employment and student-teaching
assignments.
(2) Such recipient:
(i) Shall develop and implement a procedure designed to assure
itself that the operator or sponsor of such other education program or
activity takes no action affecting any applicant, student, or employee
of such recipient that these Title IX regulations would prohibit such
recipient from taking; and
(ii) Shall not facilitate, require, permit, or consider such
participation if such action occurs.
Section ______.405 Housing
(a) Generally. A recipient shall not, on the basis of sex, apply
different rules or regulations, impose different fees or requirements,
or offer different services or benefits related to housing, 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.
Section ______.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.
Section ______.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 economics, music, and adult
education courses.
(b)(1) With respect to classes and activities in physical education
at the elementary school level, the recipient shall comply fully with
this section as expeditiously as possible but in no event later than
one year from [the effective date of these Title IX regulations]. With
respect to physical education classes and activities at the secondary
and post-secondary levels, the recipient shall comply fully with this
section as expeditiously as possible but in no event later than three
years from [the effective date of these Title IX regulations].
(2) This section does not prohibit grouping of students in physical
education classes and activities by ability as assessed by objective
standards of individual performance developed and applied without
regard to sex.
(3) This section does not prohibit separation of students by sex
within physical education classes or activities during participation in
wrestling, boxing, rugby, ice hockey, football, basketball, and other
sports the purpose or major activity of which involves bodily contact.
(4) Where use of a single standard of measuring skill or progress
in a physical education class has an adverse effect on members of one
sex, the recipient shall use appropriate standards that do not have
such effect.
(5) Portions of classes in elementary and secondary schools that
deal exclusively with human sexuality may be conducted in separate
sessions for boys and girls.
(6) Recipients may make requirements based on vocal range or
quality that may result in a chorus or choruses of one or predominantly
one sex.
Section ______.420 Access to Schools Operated By LEAs
A recipient that is a local educational agency shall not, on the
basis of sex, exclude any person from admission to:
(a) Any institution of vocational education operated by such
recipient; or
(b) Any other school or educational unit operated by such
recipient, unless such recipient otherwise makes available to such
person, pursuant to the same policies and criteria of admission,
courses, services, and facilities comparable to each course, service,
and facility offered in or through such schools.
Section ______.425 Counseling and Use of Appraisal and Counseling
Materials
(a) Counseling. A recipient shall not discriminate against any
person on the basis of sex in the counseling or guidance of students or
applicants for admission.
(b) Use of appraisal and counseling materials. A recipient that
uses testing or other materials for appraising or counseling students
shall not use different materials for students on the basis of their
sex or use materials that permit or require different treatment of
students on such basis unless such different materials cover the same
occupations and interest areas and the use of such different materials
is shown to be essential to eliminate sex bias. Recipients shall
develop and use internal procedures for ensuring that such materials do
not discriminate on the basis of sex. Where the use of a counseling
test or other instrument results in a substantially disproportionate
number of members of one sex in any particular course of study or
classification, the recipient shall take such action as is necessary to
assure itself that such disproportion is not the
[[Page 58581]]
result of discrimination in the instrument or its application.
(c) Disproportion in classes. Where a recipient finds that a
particular class contains a substantially disproportionate number of
individuals of one sex, the recipient shall take such action as is
necessary to assure itself that such disproportion is not the result of
discrimination on the basis of sex in counseling or appraisal materials
or by counselors.
Section ______.430 Financial Assistance
(a) General. Except as provided in paragraphs (b) and (c) of this
section, in providing financial assistance to any of its students, a
recipient shall not:
(1) On the basis of sex, provide different amounts or types of such
assistance, limit eligibility for such assistance that is of any
particular type or source, apply different criteria, or otherwise
discriminate;
(2) Through solicitation, listing, approval, provision of
facilities, or other services, assist any foundation, trust, agency,
organization, or person that provides assistance to any of such
recipient's students in a manner that discriminates on the basis of
sex; or
(3) Apply any rule or assist in application of any rule concerning
eligibility for such assistance that treats persons of one sex
differently from persons of the other sex with regard to marital or
parental status.
(b) Financial aid established by certain legal instruments. (1) A
recipient may administer or assist in the administration of
scholarships, fellowships, or other forms of financial assistance
established pursuant to domestic or foreign wills, trusts, bequests, or
similar legal instruments or by acts of a foreign government that
require that awards be made to members of a particular sex specified
therein; Provided, that the overall effect of the award of such sex-
restricted scholarships, fellowships, and other forms of financial
assistance does not discriminate on the basis of sex.
(2) To ensure nondiscriminatory awards of assistance as required in
paragraph (b)(1) of this section, recipients shall develop and use
procedures under which:
(i) Students are selected for award of financial assistance on the
basis of nondiscriminatory criteria and not on the basis of
availability of funds restricted to members of a particular sex;
(ii) An appropriate sex-restricted scholarship, fellowship, or
other form of financial assistance is allocated to each student
selected under paragraph (b)(2)(i) of this section; and
(iii) No student is denied the award for which he or she was
selected under paragraph (b)(2)(i) of this section because of the
absence of a scholarship, fellowship, or other form of financial
assistance designated for a member of that student's sex.
(c) Athletic scholarships. (1) To the extent that a recipient
awards athletic scholarships or grants-in-aid, it must provide
reasonable opportunities for such awards for members of each sex in
proportion to the number of students of each sex participating in
interscholastic or intercollegiate athletics.
(2) A recipient may provide separate athletic scholarships or
grants-in-aid for members of each sex as part of separate athletic
teams for members of each sex to the extent consistent with this
paragraph (c) and Sec. ______.450.
Section ______.435 Employment Assistance to Students
(a) Assistance by recipient in making available outside employment.
A recipient that assists any agency, organization, or person in making
employment available to any of its students:
(1) Shall assure itself that such employment is made available
without discrimination on the basis of sex; and
(2) Shall not render such services to any agency, organization, or
person that discriminates on the basis of sex in its employment
practices.
(b) Employment of students by recipients. A recipient that employs
any of its students shall not do so in a manner that violates
Secs. ______.500 through ______.550.
Section ______.440 Health and Insurance Benefits and Services
Subject to Sec. ______.235(d), in providing a medical, hospital,
accident, or life insurance benefit, service, policy, or plan to any of
its students, a recipient shall not discriminate on the basis of sex,
or provide such benefit, service, policy, or plan in a manner that
would violate Secs. ______.500 through ______.550 if it were provided
to employees of the recipient. This section shall not prohibit a
recipient from providing any benefit or service that may be used by a
different proportion of students of one sex than of the other,
including family planning services. However, any recipient that
provides full coverage health service shall provide gynecological care.
Section ______.445 Marital or parental status
(a) Status generally. A recipient shall not apply any rule
concerning a student's actual or potential parental, family, or marital
status that treats students differently on the basis of sex.
(b) Pregnancy and related conditions. (1) 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, unless the
student requests voluntarily to participate in a separate portion of
the program or activity of the recipient.
(2) A recipient may require such a student to obtain the
certification of a physician that the student is physically and
emotionally able to continue participation in the normal education
program or activity as long as such a certification is required of all
students for other physical or emotional conditions requiring the
attention of a physician.
(3) A recipient that operates a portion of its education program or
activity separately for pregnant students, admittance to which is
completely voluntary on the part of the student as provided in
paragraph (b)(1) of this section, shall ensure that the instructional
program in the separate program is comparable to that offered to non-
pregnant students.
(4) Subject to Sec. ______.235(d), a recipient shall treat
pregnancy, childbirth, false pregnancy, termination of pregnancy and
recovery therefrom in the same manner and under the same policies as
any other temporary disability with respect to any medical or hospital
benefit, service, plan, or policy that such recipient administers,
operates, offers, or participates in with respect to students admitted
to the recipient's educational program or activity.
(5) In the case of a recipient that does not maintain a leave
policy for its students, or in the case of a student who does not
otherwise qualify for leave under such a policy, a recipient shall
treat pregnancy, childbirth, false pregnancy, termination of pregnancy,
and recovery therefrom as a justification for a leave of absence for as
long a period of time as is deemed medically necessary by the student's
physician, at the conclusion of which the student shall be reinstated
to the status that she held when the leave began.
[[Page 58582]]
Section ______.450 Athletics
(a) General. No person shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, be treated differently
from another person, or otherwise be discriminated against in any
interscholastic, intercollegiate, club, or intramural athletics offered
by a recipient, and no recipient shall provide any such athletics
separately on such basis.
(b) Separate teams. Notwithstanding the requirements of paragraph
(a) of this section, a recipient may operate or sponsor separate teams
for members of each sex where selection for such teams is based upon
competitive skill or the activity involved is a contact sport. However,
where a recipient operates or sponsors a team in a particular sport for
members of one sex but operates or sponsors no such team for members of
the other sex, and athletic opportunities for members of that sex have
previously been limited, members of the excluded sex must be allowed to
try out for the team offered unless the sport involved is a contact
sport. For the purposes of these Title IX regulations, contact sports
include boxing, wrestling, rugby, ice hockey, football, basketball, and
other sports the purpose or major activity of which involves bodily
contact.
(c) Equal opportunity. (1) A recipient that operates or sponsors
interscholastic, intercollegiate, club, or intramural athletics shall
provide equal athletic opportunity for members of both sexes. In
determining whether equal opportunities are available, the designated
agency official will consider, among other factors:
(i) Whether the selection of sports and levels of competition
effectively accommodate the interests and abilities of members of both
sexes;
(ii) The provision of equipment and supplies;
(iii) Scheduling of games and practice time;
(iv) Travel and per diem allowance;
(v) Opportunity to receive coaching and academic tutoring;
(vi) Assignment and compensation of coaches and tutors;
(vii) Provision of locker rooms, practice, and competitive
facilities;
(viii) Provision of medical and training facilities and services;
(ix) Provision of housing and dining facilities and services;
(x) Publicity.
(2) For purposes of paragraph (c)(1) of this section, unequal
aggregate expenditures for members of each sex or unequal expenditures
for male and female teams if a recipient operates or sponsors separate
teams will not constitute noncompliance with this section, but the
designated agency official may consider the failure to provide
necessary funds for teams for one sex in assessing equality of
opportunity for members of each sex.
(d) Adjustment period. A recipient that operates or sponsors
interscholastic, intercollegiate, club, or intramural athletics at the
elementary school level shall comply fully with this section as
expeditiously as possible but in no event later than one year from [the
effective date of these Title IX regulations]. A recipient that
operates or sponsors interscholastic, intercollegiate, club, or
intramural athletics at the secondary or postsecondary school level
shall comply fully with this section as expeditiously as possible but
in no event later than three years from [the effective date of these
Title IX regulations].
Section ____.455 Textbooks and Curricular Material
Nothing in these Title IX regulations shall be interpreted as
requiring or prohibiting or abridging in any way the use of particular
textbooks or curricular materials.
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
Section ____.500 Employment
(a) General. (1) No person shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination in employment, or recruitment, consideration, or
selection therefor, whether full-time or part-time, under any education
program or activity operated by a recipient that receives Federal
financial assistance.
(2) A recipient shall make all employment decisions in any
education program or activity operated by such recipient in a
nondiscriminatory manner and shall not limit, segregate, or classify
applicants or employees in any way that could adversely affect any
applicant's or employee's employment opportunities or status because of
sex.
(3) A recipient shall not enter into any contractual or other
relationship which directly or indirectly has the effect of subjecting
employees or students to discrimination prohibited by Secs. ____.500
through ____.550, including relationships with employment and referral
agencies, with labor unions, and with organizations providing or
administering fringe benefits to employees of the recipient.
(4) A recipient shall not grant preferences to applicants for
employment on the basis of attendance at any educational institution or
entity that admits as students only or predominantly members of one
sex, if the giving of such preferences has the effect of discriminating
on the basis of sex in violation of these Title IX regulations.
(b) Application. The provisions of Secs. ____.500 through ____.550
apply to:
(1) Recruitment, advertising, and the process of application for
employment;
(2) Hiring, upgrading, promotion, consideration for and award of
tenure, demotion, transfer, layoff, termination, application of
nepotism policies, right of return from layoff, and rehiring;
(3) Rates of pay or any other form of compensation, and changes in
compensation;
(4) Job assignments, classifications, and structure, including
position descriptions, lines of progression, and seniority lists;
(5) The terms of any collective bargaining agreement;
(6) Granting and return from leaves of absence, leave for
pregnancy, childbirth, false pregnancy, termination of pregnancy, leave
for persons of either sex to care for children or dependents, or any
other leave;
(7) Fringe benefits available by virtue of employment, whether or
not administered by the recipient;
(8) Selection and financial support for training, including
apprenticeship, professional meetings, conferences, and other related
activities, selection for tuition assistance, selection for sabbaticals
and leaves of absence to pursue training;
(9) Employer-sponsored activities, including social or recreational
programs; and
(10) Any other term, condition, or privilege of employment.
Section ____.505 Employment Criteria
A recipient shall not administer or operate any test or other
criterion for any employment opportunity that has a disproportionately
adverse effect on persons on the basis of sex unless:
(a) Use of such test or other criterion is shown to predict validly
successful performance in the position in question; and
(b) Alternative tests or criteria for such purpose, which do not
have such disproportionately adverse effect, are shown to be
unavailable.
Section ____.510 Recruitment
(a) Nondiscriminatory recruitment and hiring. A recipient shall not
discriminate on the basis of sex in the recruitment and hiring of
employees. Where a recipient has been found to be
[[Page 58583]]
presently discriminating on the basis of sex in the recruitment or
hiring of employees, or has been found to have so discriminated in the
past, the recipient shall recruit members of the sex so discriminated
against so as to overcome the effects of such past or present
discrimination.
(b) Recruitment patterns. A recipient shall not recruit primarily
or exclusively at entities that furnish as applicants only or
predominantly members of one sex if such actions have the effect of
discriminating on the basis of sex in violation of Secs. ____.500
through ____.550.
Section ____.515 Compensation
A recipient shall not make or enforce any policy or practice that,
on the basis of sex:
(a) Makes distinctions in rates of pay or other compensation;
(b) Results in the payment of wages to employees of one sex at a
rate less than that paid to employees of the opposite sex for equal
work on jobs the performance of which requires equal skill, effort, and
responsibility, and that are performed under similar working
conditions.
Section ____.520 Job Classification and Structure
A recipient shall not:
(a) Classify a job as being for males or for females;
(b) Maintain or establish separate lines of progression, seniority
lists, career ladders, or tenure systems based on sex; or
(c) Maintain or establish separate lines of progression, seniority
systems, career ladders, or tenure systems for similar jobs, position
descriptions, or job requirements that classify persons on the basis of
sex, unless sex is a bona fide occupational qualification for the
positions in question as set forth in Sec. ____.550.
Section ____.525 Fringe Benefits
(a) ``Fringe benefits'' defined. For purposes of these Title IX
regulations, fringe benefits means: Any medical, hospital, accident,
life insurance, or retirement benefit, service, policy or plan, any
profit-sharing or bonus plan, leave, and any other benefit or service
of employment not subject to the provision of Sec. ____.515.
(b) Prohibitions. A recipient shall not:
(1) Discriminate on the basis of sex with regard to making fringe
benefits available to employees or make fringe benefits available to
spouses, families, or dependents of employees differently upon the
basis of the employee's sex;
(2) Administer, operate, offer, or participate in a fringe benefit
plan that does not provide for equal periodic benefits for members of
each sex and for equal contributions to the plan by such recipient for
members of each sex; or
(3) Administer, operate, offer, or participate in a pension or
retirement plan that establishes different optional or compulsory
retirement ages based on sex or that otherwise discriminates in
benefits on the basis of sex.
Section ____.530 Marital or Parental Status
(a) General. A recipient shall not apply any policy or take any
employment action:
(1) Concerning the potential marital, parental, or family status of
an employee or applicant for employment that treats persons differently
on the basis of sex; or
(2) Which is based upon whether an employee or applicant for
employment is the head of household or principal wage earner in such
employee's or applicant's family unit.
(b) Pregnancy. A recipient shall not discriminate against or
exclude from employment any employee or applicant for employment on the
basis of pregnancy, childbirth, false pregnancy, termination of
pregnancy, or recovery therefrom.
(c) Pregnancy as a temporary disability. Subject to
Sec. ____.235(d), a recipient shall treat pregnancy, childbirth, false
pregnancy, termination of pregnancy, recovery therefrom, and any
temporary disability resulting therefrom as any other temporary
disability for all job-related purposes, including commencement,
duration, and extensions of leave, payment of disability income,
accrual of seniority and any other benefit or service, and
reinstatement, and under any fringe benefit offered to employees by
virtue of employment.
(d) Pregnancy leave. In the case of a recipient that does not
maintain a leave policy for its employees, or in the case of an
employee with insufficient leave or accrued employment time to qualify
for leave under such a policy, a recipient shall treat pregnancy,
childbirth, false pregnancy, termination of pregnancy, and recovery
therefrom as a justification for a leave of absence without pay for a
reasonable period of time, at the conclusion of which the employee
shall be reinstated to the status that she held when the leave began or
to a comparable position, without decrease in rate of compensation or
loss of promotional opportunities, or any other right or privilege of
employment.
Section ____.535 Effect of State or Local Law or Other Requirements
(a) Prohibitory requirements. The obligation to comply with
Secs. ____.500 through ____.550 is not obviated or alleviated by the
existence of any State or local law or other requirement that imposes
prohibitions or limits upon employment of members of one sex that are
not imposed upon members of the other sex.
(b) Benefits. A recipient that provides any compensation, service,
or benefit to members of one sex pursuant to a State or local law or
other requirement shall provide the same compensation, service, or
benefit to members of the other sex.
Section ____.540 Advertising
A recipient shall not in any advertising related to employment
indicate preference, limitation, specification, or discrimination based
on sex unless sex is a bona fide occupational qualification for the
particular job in question.
Section ____.545 Pre-employment Inquiries
(a) Marital status. A recipient shall not make pre-employment
inquiry as to the marital status of an applicant for employment,
including whether such applicant is ``Miss'' or ``Mrs.''
(b) Sex. A recipient may make pre-employment inquiry as to the sex
of an applicant for employment, 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
these Title IX regulations.
Section ____.550 Sex as a Bona Fide Occupational Qualification
A recipient may take action otherwise prohibited by Secs. ____.500
through ____.550 provided it is shown that sex is a bona fide
occupational qualification for that action, such that consideration of
sex with regard to such action is essential to successful operation of
the employment function concerned. A recipient shall not take action
pursuant to this section that is based upon alleged comparative
employment characteristics or stereotyped characterizations of one or
the other sex, or upon preference based on sex of the recipient,
employees, students, or other persons, but nothing contained in this
section shall prevent a recipient from considering an employee's sex in
relation to employment in a locker room or toilet facility used only by
members of one sex.
[[Page 58584]]
Subpart F--Procedures
Section ____.600 Notice of Covered Programs
Within 60 days of [the publication as a final rule of these Title
IX regulations], each Federal agency that awards Federal financial
assistance shall publish in the Federal Register a notice of the
programs covered by these Title IX regulations. Each such Federal
agency shall periodically republish the notice of covered programs to
reflect changes in covered programs. Copies of this notice also shall
be made available upon request to the Federal agency's office that
enforces Title IX.
Proposed Adoption of the Common Rule
The proposed adoption of the common rule by the participating
agencies, as modified by agency-specific text, is set forth below:
NUCLEAR REGULATORY COMMISSION
10 CFR Part 5
FOR FURTHER INFORMATION CONTACT: Irene P. Little, Office of Small
Business and Civil Rights, U.S. Nuclear Regulatory Commission,
Washington, D.C. 20555, (301) 415-7380.
List of Subjects in 10 CFR Part 5
Administrative practice and procedure, Buildings and facilities,
Civil rights, Colleges and universities, Education of individuals with
disabilities, Education, Educational facilities, Educational research,
Educational study programs, Equal educational opportunity, Equal
employment opportunity, Graduate fellowship program, Grant programs--
education, Individuals with disabilities, Investigations, Reporting and
recordkeeping requirements, Sex discrimination, State agreement
program, Student aid, Women.
Dated: January 8, 1999.
William D. Travers,
Executive Director for Operations.
For the reasons stated in the preamble, the Nuclear Regulatory
Commission proposes to amend 10 CFR, chapter I, as follows:
1. Part 5 is added as set forth at the end of the common preamble
to read as follows:
PART 5--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
5.100 Purpose and effective date
5.105 Definitions
5.110 Remedial and affirmative action and self-evaluation
5.115 Assurance required
5.120 Transfers of property
5.125 Effect of other requirements
5.130 Effect of employment opportunities
5.135 Designation of responsible employee and adoption of grievance
procedures
5.140 Dissemination of policy
Subpart B--Coverage
5.200 Application
5.205 Educational institutions and other entities controlled by
religious organizations
5.210 Military and merchant marine educational institutions
5.215 Membership practices of certain organizations
5.220 Admissions
5.225 Educational institutions eligible to submit transition plans
5.230 Transition plans
5.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
5.300 Admission
5.305 Preference in admission
5.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
5.400 Education programs and activities
5.405 Housing
5.410 Comparable facilities
5.415 Access to course offerings
5.420 Access to schools operated by LEAs
5.425 Counseling and use of appraisal and counseling materials
5.430 Financial assistance
5.435 Employment assistance to students
5.440 Health and insurance benefits and services
5.445 Marital or parental status
5.450 Athletics
5.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
5.500 Employment
5.505 Employment criteria
5.510 Recruitment
5.515 Compensation
5.520 Job classification and structure
5.525 Fringe benefits
5.530 Marital or parental status
5.535 Effect of state or local law or other requirements
5.540 Advertising
5.545 Pre-employment inquiries
5.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
5.600 Notice of covered programs
5.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 5.105 [Amended]
2. In Sec. 5.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Program Manager, Civil Rights Program'' is added in its place.
3. In Sec. 5.105 in the definition of ``Title IX regulations,'' the
brackets and text within brackets are removed and ``Secs. 5.100 through
5.605'' is added in its place.
4. Section 5.605 is added to read as follows:
Sec. 5.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 10 CFR 4.21 through 4.75.
SMALL BUSINESS ADMINISTRATION
13 CFR Part 113
FOR FURTHER INFORMATION CONTACT: Erline M. Patrick, Assistant
Administrator for Equal Employment Opportunity and Civil Rights
Compliance, U.S. Small Business Administration, 409 3rd Street, S.W.,
Washington, D.C. 20416, (202) 205-6750.
List of Subjects in 13 CFR Part 113
Administrative practice and procedure, Civil rights, Educational
facilities, Grant programs--education, Loan programs--education, Sex
discrimination, Women.
Aida Alvarez,
Administrator.
For the reasons stated in the preamble, the Small Business
Administration proposes to amend 13 CFR part 113 as follows:
PART 113--NONDISCRIMINATION IN FINANCIAL ASSISTANCE PROGRAMS OF
SBA--EFFECTUATION OF POLICIES OF FEDERAL GOVERNMENT AND SBA
ADMINISTRATOR
1. The authority for part 113 is revised to read as follows:
Authority: 15 U.S.C. 633, 634, 687, 1691; 20 U.S.C. 1681, 1682,
1683, 1685, 1686, 1687, 1688; 29 U.S.C. 794; Sec. 5, Pub. L. 85-536,
72 Stat. 385, as amended; Sec. 308, Pub. L. 85-699, 72 Stat. 694, as
amended.
[[Page 58585]]
Secs. 113.1 through 113.8 [Redesignated as Subpart A]
2. Sections 113.1 through 113.8 are designated as subpart A and the
subpart heading is added to read as follows:
Subpart A--General Provisions
Appendix A to Part 113 [Redesignated as Appendix A to Subpart A of
Part 113]
3. Appendix A to part 113 is redesignated as Appendix A to subpart
A of part 113 and the heading is revised to read as follows:
Appendix A to Subpart A of Part 113
4. Subpart B, consisting of Secs. 113.100 through 113.605, is added
to part 113 as set forth at the end of the common preamble to read as
follows:
Subpart B--Nondiscrimination on the Basis of Sex in Education Programs
and Activities Receiving Federal Financial Assistance
Sec.
Introduction
113.100 Purpose and effective date
113.105 Definitions
113.110 Remedial and affirmative action and self-evaluation
113.115 Assurance required
113.120 Transfers of property
113.125 Effect of other requirements
113.130 Effect of employment opportunities
113.135 Designation of responsible employee and adoption of
grievance procedures
113.140 Dissemination of policy
Coverage
113.200 Application
113.205 Educational institutions and other entities controlled by
religious organizations
113.210 Military and merchant marine educational institutions
113.215 Membership practices of certain organizations
113.220 Admissions
113.225 Educational institutions eligible to submit transition
plans
113.230 Transition plans
113.235 Statutory amendments
Discrimination on the Basis of Sex in Admission and Recruitment
Prohibited
113.300 Admission
113.305 Preference in admission
113.310 Recruitment
Discrimination on the Basis of Sex in Education Programs and Activities
Prohibited
113.400 Education programs and activities.
113.405 Housing
113.410 Comparable facilities
113.415 Access to course offerings
113.420 Access to schools operated by LEAs
113.425 Counseling and use of appraisal and counseling materials
113.430 Financial assistance
113.435 Employment assistance to students
113.440 Health and insurance benefits and services
113.445 Marital or parental status
113.450 Athletics
113.455 Textbooks and curricular material
Discrimination on the Basis of Sex in Employment in Education Programs
and Activities Prohibited
113.500 Employment
113.505 Employment criteria
113.510 Recruitment
113.515 Compensation
113.520 Job classification and structure
113.525 Fringe benefits
113.530 Marital or parental status
113.535 Effect of state or local law or other requirements
113.540 Advertising
113.545 Pre-employment inquiries
113.550 Sex as a bona fide occupational qualification
Procedures
113.600 Notice of covered programs
113.605 Enforcement procedures
Subpart B--Nondiscrimination on the Basis of Sex in Education
Programs and Activities Receiving Federal Financial Assistance
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Subparts A through F [Removed]
5. The designations for Subparts A through F as set forth in the
common rule are removed.
Sec. 113.105 [Amended]
6. In Sec. 113.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Assistant Administrator for Equal Employment and Civil Rights
Compliance'' is added in its place.
7. In Sec. 113.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 113.100
through 113.605'' is added in its place.
8. Section 113.605 is added to read as follows:
Sec. 113.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 13 CFR part 112.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1253
FOR FURTHER INFORMATION CONTACT: Fred Dalton, Office of Equal
Opportunity Programs, NASA Headquarters (Code EI), Washington, D.C.
20546, (202) 358-0941.
List of Subjects in 14 CFR Part 1253
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Education of individuals with disabilities,
Educational facilities, Educational research, Educational study
programs, Elementary and secondary education, Equal educational
opportunity, Equal employment opportunity, Grant programs--education,
Investigations, Marital status discrimination, Reporting and
recordkeeping requirements, Sex discrimination, Student aid, Women.
Daniel S. Goldin,
Administrator.
For the reasons stated in the preamble, the National Aeronautics
and Space Administration proposes to amend 14 CFR, chapter V, as
follows:
1. Part 1253 is added as set forth at the end of the common
preamble to read as follows:
PART 1253--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
1253.100 Purpose and effective date
1253.105 Definitions
1253.110 Remedial and affirmative action and self-evaluation
1253.115 Assurance required
1253.120 Transfers of property
1253.125 Effect of other requirements
1253.130 Effect of employment opportunities
1253.135 Designation of responsible employee and adoption of
grievance procedures
1253.140 Dissemination of policy
Subpart B--Coverage
1253.200 Application
1253.205 Educational institutions and other entities controlled by
religious organizations
1253.210 Military and merchant marine educational institutions
1253.215 Membership practices of certain organizations
1253.220 Admissions
1253.225 Educational institutions eligible to submit transition
plans
1253.230 Transition plans
1253.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
1253.300 Admission
1253.305 Preference in admission
1253.310 Recruitment
[[Page 58586]]
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
1253.400 Education programs and activities
1253.405 Housing
1253.410 Comparable facilities
1253.415 Access to course offerings
1253.420 Access to schools operated by LEAs
1253.425 Counseling and use of appraisal and counseling materials
1253.430 Financial assistance
1253.435 Employment assistance to students
1253.440 Health and insurance benefits and services
1253.445 Marital or parental status
1253.450 Athletics
1253.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
1253.500 Employment
1253.505 Employment criteria
1253.510 Recruitment
1253.515 Compensation
1253.520 Job classification and structure
1253.525 Fringe benefits
1253.530 Marital or parental status
1253.535 Effect of state or local law or other requirements
1253.540 Advertising
1253.545 Pre-employment inquiries
1253.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
1253.600 Notice of covered programs
1253.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 1253.105 [Amended]
2. In Sec. 1253.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Associate Administrator for Equal Opportunity Programs'' is added in
its place.
3. In Sec. 1253.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 1253.100
through 1253.605'' is added in its place.
4. Section 1253.605 is added to read as follows:
Sec. 1253.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 14 CFR 1250.105 through
1250.110.
DEPARTMENT OF COMMERCE
15 CFR Part 8a
RIN 0690-AA28
FOR FURTHER INFORMATION CONTACT: Kimberly H. Walton, Director, Office
of Civil Rights, Department of Commerce, Room 6010, Washington, D.C.
20230 (202) 482-0625.
List of Subjects in 15 CFR Part 8a
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Equal educational
opportunity, Equal employment opportunity, Grant programs--education,
Reporting and recordkeeping requirements, Sex discrimination, Women.
Kimberly H. Walton,
Director, Office of Civil Rights, Department of Commerce.
For the reasons stated in the preamble, the Department of Commerce
proposes to amend 15 CFR, subtitle A, as follows:
1. Part 8a is added as set forth at the end of the common preamble
to read as follows:
PART 8a--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
8a.100 Purpose and effective date
8a.105 Definitions
8a.110 Remedial and affirmative action and self-evaluation
8a.115 Assurance required
8a.120 Transfers of property
8a.125 Effect of other requirements
8a.130 Effect of employment opportunities
8a.135 Designation of responsible employee and adoption of
grievance procedures
8a.140 Dissemination of policy
Subpart B--Coverage
8a.200 Application
8a.205 Educational institutions and other entities controlled by
religious organizations
8a.210 Military and merchant marine educational institutions
8a.215 Membership practices of certain organizations
8a.220 Admissions
8a.225 Educational institutions eligible to submit transition plans
8a.230 Transition plans
8a.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
8a.300 Admission
8a.305 Preference in admission
8a.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
8a.400 Education programs and activities
8a.405 Housing
8a.410 Comparable facilities
8a.415 Access to course offerings
8a.420 Access to schools operated by LEAs
8a.425 Counseling and use of appraisal and counseling materials
8a.430 Financial assistance
8a.435 Employment assistance to students
8a.440 Health and insurance benefits and services
8a.445 Marital or parental status
8a.450 Athletics
8a.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
8a.500 Employment
8a.505 Employment criteria
8a.510 Recruitment
8a.515 Compensation
8a.520 Job classification and structure
8a.525 Fringe benefits
8a.530 Marital or parental status
8a.535 Effect of state or local law or other requirements
8a.540 Advertising
8a.545 Pre-employment inquiries
8a.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
8a.600 Notice of covered programs
8a.605 Enforcement procedures.
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 8a.105 [Amended]
2. In Sec. 8a.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and the
following text is added in its place: ``with respect to any program
receiving Federal financial assistance, the Secretary or other official
of the Department who by law or by delegation has the principal
authority within the Department for the administration of a law
extending such assistance. Designated agency official also means any
officials so designated by due delegation of authority within the
Department to act in such capacity with regard to any program under
these Title IX regulations''.
3. In Sec. 8a.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 8a.100
through 8a.605'' is added in its place.
4. Section 8a.605 is added to read as follows:
Sec. 8a.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
[[Page 58587]]
regulations. These procedures may be found at 15 CFR 8.7 through 8.15,
and 13 CFR part 317.
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1317
FOR FURTHER INFORMATION CONTACT: Franklin E. Alford, Manager, Supplier
and Diverse Business Relations, 1101 Market Street, WR 3J, Chattanooga,
Tennessee 37402, (423) 751-7203.
List of Subjects in 18 CFR Part 1317
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Equal educational opportunity, Equal
employment opportunity, Marital status discrimination, Reporting and
recordkeeping requirements, Sex discrimination, Women.
Franklin E. Alford,
Manager, Supplier and Diverse Business Relations.
For the reasons stated in the preamble, the Tennessee Valley
Authority proposes to amend 18 CFR, chapter XIII, as follows:
1. Part 1317 is added as set forth at the end of the common
preamble to read as follows:
PART 1317--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
1317.100 Purpose and effective date
1317.105 Definitions
1317.110 Remedial and affirmative action and self-evaluation
1317.115 Assurance required
1317.120 Transfers of property
1317.125 Effect of other requirements
1317.130 Effect of employment opportunities
1317.135 Designation of responsible employee and adoption of
grievance procedures
1317.140 Dissemination of policy
Subpart B--Coverage
1317.200 Application
1317.205 Educational institutions and other entities controlled by
religious organizations
1317.210 Military and merchant marine educational institutions
1317.215 Membership practices of certain organizations
1317.220 Admissions
1317.225 Educational institutions eligible to submit transition
plans
1317.230 Transition plans
1317.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
1317.300 Admission
1317.305 Preference in admission
1317.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
1317.400 Education programs and activities
1317.405 Housing
1317.410 Comparable facilities
1317.415 Access to course offerings
1317.420 Access to schools operated by LEAs
1317.425 Counseling and use of appraisal and counseling materials
1317.430 Financial assistance
1317.435 Employment assistance to students
1317.440 Health and insurance benefits and services
1317.445 Marital or parental status
1317.450 Athletics
1317.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
1317.500 Employment
1317.505 Employment criteria
1317.510 Recruitment
1317.515 Compensation
1317.520 Job classification and structure
1317.525 Fringe benefits
1317.530 Marital or parental status
1317.535 Effect of state or local law or other requirements
1317.540 Advertising
1317.545 Pre-employment inquiries
1317.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
1317.600 Notice of covered programs
1317.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 1317.105 [Amended]
2. In Sec. 1317.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Manager, Supplier and Diverse Business Relations'' is added in its
place.
3. In Sec. 1317.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 1317.100
through 1317.605'' is added in its place.
4. Section 1317.605 is added to read as follows:
Sec. 1317.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 18 CFR part 1302.
DEPARTMENT OF STATE
22 CFR Part 146
FOR FURTHER INFORMATION CONTACT: Paul M. Coran, Attorney Advisor,
Office of Equal Employment Opportunity and Civil Rights, Department of
State, Room 4216, Washington, D.C. 20520, (202) 647-9295.
List of Subjects in 22 CFR Part 146
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational research, Educational study
programs, Equal educational opportunity, Equal employment opportunity,
Grant programs--education, Sex discrimination, Women.
Dated: December 8, 1997.
Bonnie R. Cohen,
Under Secretary of State for Management.
For the reasons stated in the preamble, the Department of State
proposes to amend 22 CFR, chapter I, subchapter O, as follows:
1. Part 146 is added as set forth at the end of the common preamble
to read as follows:
PART 146--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
146.100 Purpose and effective date
146.105 Definitions
146.110 Remedial and affirmative action and self-evaluation
146.115 Assurance required
146.120 Transfers of property
146.125 Effect of other requirements
146.130 Effect of employment opportunities
146.135 Designation of responsible employee and adoption of
grievance procedures
146.140 Dissemination of policy
Subpart B--Coverage
146.200 Application
146.205 Educational institutions and other entities controlled by
religious organizations
146.210 Military and merchant marine educational institutions
146.215 Membership practices of certain organizations
146.220 Admissions
146.225 Educational institutions eligible to submit transition
plans
146.230 Transition plans
146.235 Statutory amendments
[[Page 58588]]
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
146.300 Admission
146.305 Preference in admission
146.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
146.400 Education programs and activities
146.405 Housing
146.410 Comparable facilities
146.415 Access to course offerings
146.420 Access to schools operated by LEAs
146.425 Counseling and use of appraisal and counseling materials
146.430 Financial assistance
146.435 Employment assistance to students
146.440 Health and insurance benefits and services
146.445 Marital or parental status
146.450 Athletics
146.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
146.500 Employment
146.505 Employment criteria
146.510 Recruitment
146.515 Compensation
146.520 Job classification and structure
146.525 Fringe benefits
146.530 Marital or parental status
146.535 Effect of state or local law or other requirements
146.540 Advertising
146.545 Pre-employment inquiries
146.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
146.600 Notice of covered programs
146.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 146.105 [Amended]
2. In Sec. 146.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Deputy Assistant Secretary for the Office of Equal Employment
Opportunity and Civil Rights'' is added in its place.
3. In Sec. 146.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 146.100
through 146.605'' is added in its place.
4. Section 146.605 is added to read as follows:
Sec. 146.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 22 CFR part 141.
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 229
FOR FURTHER INFORMATION CONTACT: Jessalyn L. Pendarvis, Director,
Office of Equal Opportunity Programs, Agency for International
Development, Washington, D.C. 20523, (202) 712-1110.
List of Subjects in 22 CFR Part 229
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Educational research,
Educational study programs, Elementary and secondary education, Equal
educational opportunity, Equal employment opportunity, Grant programs--
education, Investigations, Reporting and recordkeeping requirements,
Sex discrimination, Student aid, Women.
Jessalyn L. Pendarvis,
Director, Office of Equal Opportunity Programs.
For the reasons stated in the preamble, the Agency for
International Development proposes to amend 22 CFR, chapter II, as
follows:
1. Part 229 is added as set forth at the end of the common preamble
to read as follows:
PART 229--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
229.100 Purpose and effective date
229.105 Definitions
229.110 Remedial and affirmative action and self-evaluation
229.115 Assurance required
229.120 Transfers of property
229.125 Effect of other requirements
229.130 Effect of employment opportunities
229.135 Designation of responsible employee and adoption of
grievance procedures
229.140 Dissemination of policy
Subpart B--Coverage
229.200 Application
229.205 Educational institutions and other entities controlled by
religious organizations
229.210 Military and merchant marine educational institutions
229.215 Membership practices of certain organizations
229.220 Admissions
229.225 Educational institutions eligible to submit transition
plans
229.230 Transition plans
229.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
229.300 Admission
229.305 Preference in admission
229.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
229.400 Education programs and activities
229.405 Housing
229.410 Comparable facilities
229.415 Access to course offerings
229.420 Access to schools operated by LEAs
229.425 Counseling and use of appraisal and counseling materials
229.430 Financial assistance
229.435 Employment assistance to students
229.440 Health and insurance benefits and services
229.445 Marital or parental status
229.450 Athletics
229.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
229.500 Employment
229.505 Employment criteria
229.510 Recruitment
229.515 Compensation
229.520 Job classification and structure
229.525 Fringe benefits
229.530 Marital or parental status
229.535 Effect of state or local law or other requirements
229.540 Advertising
229.545 Pre-employment inquiries
229.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
229.600 Notice of covered programs
229.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 229.105 [Amended]
2. In Sec. 229.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Director, Office of Equal Opportunity Programs'' is added in its
place.
3. In Sec. 229.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 229.100
through 229.605'' is added in its place.
4. Section 229.605 is added to read as follows:
Sec. 229.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 22 CFR part 209.
[[Page 58589]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 3
[Agency Docket No. FR-4301-P-01]
RIN 2501-AC42
FOR FURTHER INFORMATION CONTACT: Juan E. Milanes, Acting Director,
Office of Enforcement, Office of Fair Housing and Equal Opportunity,
Department of Housing and Urban Development, 451 Seventh Street,
Washington, D.C. 20410-0500, (202) 708-0836, ext. 6962. (This telephone
number is not toll-free.) Hearing or speech-impaired persons may access
this number via TTY by calling the Federal Information Relay Service at
800-877-8339.
List of Subjects in 24 CFR Part 3
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Educational research,
Educational study programs, Equal educational opportunity, Equal
employment opportunity, Grant programs--education, Investigations, Loan
programs--education, Religious discrimination, Reporting and
recordkeeping requirements, Sex discrimination, Student aid, Women.
Andrew Cuomo,
Secretary of Housing and Urban Development.
For the reasons stated in the preamble, the Department of Housing
and Urban Development proposes to amend 24 CFR, subtitle A, as follows:
1. Part 3 is added as set forth at the end of the common preamble
to read as follows:
PART 3--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
3.100 Purpose and effective date
3.105 Definitions
3.110 Remedial and affirmative action and self-evaluation
3.115 Assurance required
3.120 Transfers of property
3.125 Effect of other requirements
3.130 Effect of employment opportunities
3.135 Designation of responsible employee and adoption of grievance
procedures
3.140 Dissemination of policy
Subpart B--Coverage
3.200 Application
3.205 Educational institutions and other entities controlled by
religious organizations
3.210 Military and merchant marine educational institutions
3.215 Membership practices of certain organizations
3.220 Admissions
3.225 Educational institutions eligible to submit transition plans
3.230 Transition plans
3.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
3.300 Admission
3.305 Preference in admission
3.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
3.400 Education programs and activities
3.405 Housing
3.410 Comparable facilities
3.415 Access to course offerings
3.420 Access to schools operated by LEAs
3.425 Counseling and use of appraisal and counseling materials
3.430 Financial assistance
3.435 Employment assistance to students
3.440 Health and insurance benefits and services
3.445 Marital or parental status
3.450 Athletics
3.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
3.500 Employment
3.505 Employment criteria
3.510 Recruitment
3.515 Compensation
3.520 Job classification and structure
3.525 Fringe benefits
3.530 Marital or parental status
3.535 Effect of state or local law or other requirements
3.540 Advertising
3.545 Pre-employment inquiries
3.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
3.600 Notice of covered programs
3.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 3.105 [Amended]
2. In Sec. 3.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Assistant Secretary for Fair Housing and Equal Opportunity'' is added
in its place.
3. In Sec. 3.105 in the definition of ``Title IX regulations,'' the
brackets and text within brackets are removed and ``Secs. 3.100 through
3.605'' is added in its place.
4. Section 3.605 is added to read as follows:
Sec. 3.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 24 CFR part 1.
DEPARTMENT OF JUSTICE
28 CFR Part 54
[AG Order No. 2265-99]
RIN 1190-AA28
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief,
Coordination and Review Section, Civil Rights Division, Department of
Justice, P.O. Box 66560, Washington, D.C. 20036-6560, (202) 307-2222.
List of Subjects in 28 CFR Part 54
Administrative practice and procedure, Buildings and facilities,
Civil rights, Colleges and universities, Education, Educational
facilities, Educational research, Educational study programs,
Elementary and secondary education, Equal educational opportunity,
Equal employment opportunity, Grant programs--education, Individuals
with disabilities, Investigations, Loan programs--education, Reporting
and recordkeeping requirements, Sex discrimination, Student aid, Women.
Dated: October 4, 1999.
Janet Reno,
Attorney General.
For the reasons stated in the preamble, the Department of Justice
proposes to amend 28 CFR, chapter I, as follows:
1. Part 54 is added as set forth at the end of the common preamble
to read as follows:
PART 54--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
54.100 Purpose and effective date
54.105 Definitions
54.110 Remedial and affirmative action and self-evaluation
54.115 Assurance required
54.120 Transfers of property
54.125 Effect of other requirements
54.130 Effect of employment opportunities
54.135 Designation of responsible employee and adoption of
grievance procedures
54.140 Dissemination of policy
Subpart B--Coverage
54.200 Application
54.205 Educational institutions and other entities controlled by
religious organizations
54.210 Military and merchant marine educational institutions
[[Page 58590]]
54.215 Membership practices of certain organizations
54.220 Admissions
54.225 Educational institutions eligible to submit transition plans
54.230 Transition plans
54.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
54.300 Admission
54.305 Preference in admission
54.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
54.400 Education programs and activities
54.405 Housing
54.410 Comparable facilities
54.415 Access to course offerings
54.420 Access to schools operated by LEAs
54.425 Counseling and use of appraisal and counseling materials
54.430 Financial assistance
54.435 Employment assistance to students
54.440 Health and insurance benefits and services
54.445 Marital or parental status
54.450 Athletics
54.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
54.500 Employment
54.505 Employment criteria
54.510 Recruitment
54.515 Compensation
54.520 Job classification and structure
54.525 Fringe benefits
54.530 Marital or parental status
54.535 Effect of state or local law or other requirements
54.540 Advertising
54.545 Pre-employment inquiries
54.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
54.600 Notice of covered programs
54.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 54.105 [Amended]
2. In Sec. 54.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and ``the
Assistant Attorney General, Civil Rights Division'' is added in its
place.
3. In Sec. 54.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 54.100
through 54.605'' is added in its place.
4. Section 54.605 is added to read as follows:
Sec. 54.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 28 CFR 42.106 through
42.111.
DEPARTMENT OF LABOR
29 CFR Part 36
FOR FURTHER INFORMATION CONTACT: Bud West, Senior Policy Advisor, Civil
Rights Center, Department of Labor, 200 Constitution Avenue, N.W., Room
N-4123, Washington, D.C. 20210, (202) 219-8927 (voice), (202) 219-6118,
or (202) 326-2577 (TTY/TTD).
List of Subjects in 29 CFR Part 36
Administrative practice and procedure, Civil rights, Equal
educational opportunity, Equal employment opportunity, Grant programs--
labor, Investigations, Reporting and recordkeeping requirements, Sex
discrimination, Women.
Dated: January 14, 1999.
Alexis M. Herman,
Secretary of Labor.
For the reasons stated in the preamble, the Department of Labor
proposes to amend 29 CFR, subtitle A, as follows:
1. Part 36 is added as set forth at the end of the common preamble
to read as follows:
PART 36--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
36.100 Purpose and effective date
36.105 Definitions
36.110 Remedial and affirmative action and self-evaluation
36.115 Assurance required
36.120 Transfers of property
36.125 Effect of other requirements
36.130 Effect of employment opportunities
36.135 Designation of responsible employee and adoption of
grievance procedures
36.140 Dissemination of policy
Subpart B--Coverage
36.200 Application
36.205 Educational institutions and other entities controlled by
religious organizations
36.210 Military and merchant marine educational institutions
36.215 Membership practices of certain organizations
36.220 Admissions
36.225 Educational institutions eligible to submit transition plans
36.230 Transition plans
36.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
36.300 Admission
36.305 Preference in admission
36.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
36.400 Education programs and activities
36.405 Housing
36.410 Comparable facilities
36.415 Access to course offerings
36.420 Access to schools operated by LEAs
36.425 Counseling and use of appraisal and counseling materials
36.430 Financial assistance
36.435 Employment assistance to students
36.440 Health and insurance benefits and services
36.445 Marital or parental status
36.450 Athletics
36.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
36.500 Employment
36.505 Employment criteria
36.510 Recruitment
36.515 Compensation
36.520 Job classification and structure
36.525 Fringe benefits
36.530 Marital or parental status
36.535 Effect of state or local law or other requirements
36.540 Advertising
36.545 Pre-employment inquiries
36.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
36.600 Notice of covered programs
36.605 Enforcement procedures
36.610 Compliance with 29 CFR part 34
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 36.105 [Amended]
2. In Sec. 36.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Director, Civil Rights Center'' is added in its place.
3. In Sec. 36.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 36.100
through 36.610'' is added in its place.
4. Sections 36.605 and 36.610 are added to read as follows:
Sec. 36.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 29 CFR 31.5, 31.7 through
31.11.
[[Page 58591]]
Sec. 36.610 Compliance with 29 CFR Part 34.
Compliance with section 167 of the Job Training Partnership Act, as
amended (JTPA), 29 U.S.C. 1577, and implementing regulations at 29 CFR
part 34 shall satisfy the obligation of recipients of Federal financial
assistance from the Department of Labor under JTPA to comply with these
Title IX regulations.
DEPARTMENT OF THE TREASURY
31 CFR Part 28
FOR FURTHER INFORMATION CONTACT: Marcia H. Coates, Director, Office of
Equal Opportunity Program, 1500 Pennsylvania Avenue, N.W., Room 5110
Annex, Washington, D.C. 20220, (202) 622-1160.
List of Subjects in 31 CFR Part 28
Administrative practice and procedure, Age discrimination, Civil
rights, Colleges and universities, Education, Educational facilities,
Educational research, Educational study programs, Elementary and
secondary education, Equal educational opportunity, Equal employment
opportunity, Grant programs--education, Individuals with disabilities,
Investigations, Religious discrimination, Reporting and recordkeeping
requirements, Sex discrimination, Student aid, Women.
Dated: December 9, 1997.
Nancy Killefer,
Assistant Secretary for Management and Chief Financial Officer.
For the reasons stated in the preamble, the Department of the
Treasury proposes to amend 31 CFR, Subtitle A, as follows:
1. Part 28 is added as set forth at the end of the common preamble
to read as follows:
PART 28--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
28.100 Purpose and effective date
28.105 Definitions
28.110 Remedial and affirmative action and self-evaluation
28.115 Assurance required
28.120 Transfers of property
28.125 Effect of other requirements
28.130 Effect of employment opportunities
28.135 Designation of responsible employee and adoption of
grievance procedures
28.140 Dissemination of policy
Subpart B--Coverage
28.200 Application
28.205 Educational institutions and other entities controlled by
religious organizations
28.210 Military and merchant marine educational institutions
28.215 Membership practices of certain organizations
28.220 Admissions
28.225 Educational institutions eligible to submit transition plans
28.230 Transition plans
28.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
28.300 Admission
28.305 Preference in admission
28.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
28.400 Education programs and activities
28.405 Housing
28.410 Comparable facilities
28.415 Access to course offerings
28.420 Access to schools operated by LEAs
28.425 Counseling and use of appraisal and counseling materials
28.430 Financial assistance
28.435 Employment assistance to students
28.440 Health and insurance benefits and services
28.445 Marital or parental status
28.450 Athletics
28.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
28.500 Employment
28.505 Employment criteria
28.510 Recruitment
28.515 Compensation
28.520 Job classification and structure
28.525 Fringe benefits
28.530 Marital or parental status
28.535 Effect of state or local law or other requirement
28.540 Advertising
28.545 Pre-employment inquiries
28.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
28.600 Notice of covered programs
28.605 Compliance information
28.610 Conduct of investigations
28.615 Procedure for effecting compliance
28.620 Hearings
28.625 Decisions and notices
28.630 Judicial review
28.635 Forms and instructions; coordination
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
2. In Sec. 28.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Assistant Secretary for Management and Chief Financial Officer'' is
added in its place.
3. In Sec. 28.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 28.100
through 28.635'' is added in its place.
4. In Sec. 28.105 add new definitions in alphabetical order to read
as follows:
Sec. 28.105 Definitions.
* * * * *
Department means Department of the Treasury.
* * * * *
Reviewing authority means that component of the Department
delegated authority to review the decisions of hearing officers in
cases arising under these Title IX regulations.
Secretary means Secretary of the Treasury.
* * * * *
5. Sections 28.605, 28.610, 26.615, 28.620, 28.625, 28.630, and
28.635 are added to read as follows:
Sec. 28.605 Compliance information.
(a) Cooperation and assistance. The designated agency official
shall to the fullest extent practicable seek the cooperation of
recipients in obtaining compliance with these Title IX regulations and
shall provide assistance and guidance to recipients to help them comply
voluntarily with these Title IX regulations.
(b) Compliance reports. Each recipient shall keep such records and
submit to the designated agency official (or designee) timely, complete
and accurate compliance reports at such times, and in such form and
containing such information, as the designated agency official (or
designee) may determine to be necessary to enable the official to
ascertain whether the recipient has complied or is complying with these
Title IX regulations. In the case of any program under which a primary
recipient extends Federal financial assistance to any other recipient,
such other recipient shall also submit such compliance reports to the
primary recipient as may be necessary to enable the primary recipient
to carry out its obligations under these Title IX regulations.
(c) Access to sources of information. Each recipient shall permit
access by the designated agency official (or designee) during normal
business hours to such of its books, records, accounts, and other
sources of information, and its facilities as may be pertinent to
ascertain compliance with these Title IX regulations. Where any
information required of a recipient is in the exclusive possession of
any other agency, institution or person and this agency, institution or
person shall fail or
[[Page 58592]]
refuse to furnish this information the recipient shall so certify in
its report and shall set forth what efforts it has made to obtain the
information. Asserted considerations of privacy or confidentiality may
not operate to bar the Department from evaluating or seeking to enforce
compliance with these Title IX regulations. Information of a
confidential nature obtained in connection with compliance evaluation
or enforcement shall not be disclosed except where necessary in formal
enforcement proceedings or where otherwise required by law.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of these
Title IX regulations and their applicability to the program for which
the recipient receives Federal financial assistance, and make such
information available to them 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.
Sec. 28.610 Conduct of investigations.
(a) Periodic compliance reviews. The designated agency official (or
designee) shall from time to time review the practices of recipients to
determine whether they are complying with these Title IX regulations.
(b) Complaints. Any person who believes himself or herself or any
specific class of individuals to be subjected to discrimination
prohibited by these Title IX regulations may by himself or herself or
by a representative file with the designated agency official (or
designee) a written complaint. A complaint must be filed not later than
180 days from the date of the alleged discrimination, unless the time
for filing is extended by the designated agency official (or designee).
(c) Investigations. The designated agency official (or designee)
will make a prompt investigation whenever a compliance review, report,
complaint, or any other information indicates a possible failure to
comply with these Title IX regulations. The investigation should
include, where appropriate, a review of the pertinent practices and
policies of the recipient, the circumstances under which the possible
noncompliance with these Title IX regulations occurred, and other
factors relevant to a determination as to whether the recipient has
failed to comply with these Title IX regulations.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with these
Title IX regulations, the designated agency official (or designee) will
so inform the recipient and the matter will be resolved by informal
means whenever possible. If it has been determined that the matter
cannot be resolved by informal means, action will be taken as provided
for in Sec. 28.615.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section the designated agency official (or
designee) will so inform the recipient and the complainant, if any, in
writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or
other person shall intimidate, threaten, coerce, or discriminate
against any individual for the purpose of interfering with any right or
privilege secured by Title IX or these Title IX regulations, or because
he or she has made a complaint, testified, assisted, or participated in
any manner in an investigation, proceeding or hearing under these Title
IX regulations. The identity of complainants shall be kept confidential
except to the extent necessary to carry out the purposes of these Title
IX regulations, including the conduct of any investigation, hearing, or
judicial proceeding arising under these Title IX regulations.
Sec. 28.615 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure
to comply with these Title IX regulations, and if the noncompliance or
threatened noncompliance cannot be corrected by informal means,
compliance with these Title IX regulations may be effected by the
suspension or termination of or refusal to grant or to continue Federal
financial assistance or by any other means authorized by law. Such
other means may include, but are not limited to:
(1) A reference to the Department of Justice with a recommendation
that appropriate proceedings be brought to enforce any rights of the
United States under any law of the United States, or any assurance or
other contractual undertaking; and
(2) Any applicable proceeding under State or local law.
(b) Noncompliance with Sec. 28.115. If an applicant fails or
refuses to furnish an assurance or otherwise fails or refuses to comply
with a requirement imposed by or pursuant to Sec. 28.115, Federal
financial assistance may be refused in accordance with the procedures
of paragraph (c) of this section. The Department shall not be required
to provide assistance in such a case during the pendency of the
administrative proceedings under paragraph (c) of this section except
that the Department shall continue assistance during the pendency of
such proceedings where such assistance is due and payable pursuant to
an application therefor approved prior to [the effective date of these
Title IX regulations].
(c) Termination of or refusal to grant or to continue Federal
financial assistance. (1) No order suspending, terminating or refusing
to grant or continue Federal financial assistance shall become
effective until:
(i) The designated agency official has advised the applicant or
recipient of its failure to comply and has determined that compliance
cannot be secured by voluntary means;
(ii) There has been an express finding on the record, after
opportunity for hearing, of a failure by the applicant or recipient to
comply with a requirement imposed by or pursuant to these Title IX
regulations; and
(iii) The expiration of 30 days after the Secretary has filed with
the committee of the House and the committee of the Senate having
legislative jurisdiction over the program involved, a full written
report of the circumstances and the grounds for such action.
(2) Any action to suspend or terminate or to refuse to grant or to
continue Federal financial assistance shall be limited to the
particular political entity, or part thereof, or other applicant or
recipient as to whom such a finding has been made and shall be limited
in its effect to the particular program, or part thereof, in which such
noncompliance has been so found.
(d) Other means authorized by law. (1) No action to effect
compliance by any other means authorized by law shall be taken until:
(i) The designated agency official has determined that compliance
cannot be secured by voluntary means;
(ii) The recipient has been notified of its failure to comply and
of the action to be taken to effect compliance; and
(iii) The expiration of at least 10 days from the mailing of such
notice to the recipient.
(2) During this period of at least 10 days additional efforts shall
be made to persuade the recipient to comply with these Title IX
regulations and to take such corrective action as may be appropriate.
Sec. 28.620 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 28.615(c), reasonable notice shall
[[Page 58593]]
be given by registered or certified mail, return receipt requested, to
the affected applicant or recipient. This notice shall advise the
applicant or recipient of the action proposed to be taken, the specific
provision under which the proposed action against it is to be taken,
and the matters of fact or law asserted as the basis for this action,
and either:
(1) Fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the designated
agency official that the matter be scheduled for hearing; or
(2) Advise the applicant or recipient that the matter in question
has been set down for hearing at a stated place and time. The time and
place so fixed shall be reasonable and shall be subject to change for
cause. The complainant, if any, shall be advised of the time and place
of the hearing. An applicant or recipient may waive a hearing and
submit written information and argument for the record. The failure of
an applicant or recipient to request a hearing for which a date has
been set shall be deemed to be a waiver of the right to a hearing under
20 U.S.C. 1682 and Sec. 28.615(c) and consent to the making of a
decision on the basis of such information as may be filed as the
record.
(b) Time and place of hearing. Hearings shall be held at the
offices of the Department in Washington, DC, at a time fixed by the
designated agency official unless the official determines that the
convenience of the applicant or recipient or of the Department requires
that another place be selected. Hearings shall be held before a hearing
officer designated in accordance with 5 U.S.C. 556(b).
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient and the Department shall have the right to be
represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision,
and any administrative review thereof shall be conducted in conformity
with 5 U.S.C. 554-557 (sections 5-8 of the Administrative Procedure
Act), and in accordance with such rules of procedure as are proper (and
not inconsistent with this section) relating to the conduct of the
hearing, giving of notices subsequent to those provided for in
paragraph (a) of this section, taking of testimony, exhibits, arguments
and briefs, requests for findings, and other related matters. Both the
Department and the applicant or recipient shall be entitled to
introduce all relevant evidence on the issues as stated in the notice
for hearing or as determined by the hearing officer at the outset of or
during the hearing. Any person (other than a Government employee
considered to be on official business) who, having been invited or
requested to appear and testify as a witness on the Government's
behalf, attends at a time and place scheduled for a hearing provided
for by these Title IX regulations, may be reimbursed for his or her
travel and actual expenses of attendance in an amount not to exceed the
amount payable under the standardized travel regulations to a
Government employee traveling on official business.
(2) Technical rules of evidence shall not apply to hearings
conducted pursuant to these Title IX regulations, but rules or
principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination shall
be applied where reasonably necessary by the hearing officer. The
hearing officer may exclude irrelevant, immaterial, or unduly
repetitious evidence. All documents and other evidence offered or taken
for the record shall be open to examination by the parties and
opportunity shall be given to refute facts and arguments advanced on
either side of the issues. A transcript shall be made of the oral
evidence except to the extent the substance thereof is stipulated for
the record. All decisions shall be based upon the hearing record and
written findings shall be made.
(e) Consolidated or Joint Hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with these Title
IX regulations with respect to two or more programs to which these
Title IX regulations apply, or noncompliance with these Title IX
regulations and the regulations of one or more other Federal
departments or agencies issued under Title IX, the designated agency
official may, by agreement with such other departments or agencies
where applicable, provide for the conduct of consolidated or joint
hearings, and for the application to such hearings of rules of
procedures not inconsistent with these Title IX regulations. Final
decisions in such cases, insofar as these Title IX regulations are
concerned, shall be made in accordance with Sec. 28.625.
Sec. 28.625 Decisions and notices.
(a) Decisions by hearing officers. After a hearing is held by a
hearing officer such hearing officer shall either make an initial
decision, if so authorized, or certify the entire record including
recommended findings and proposed decision to the reviewing authority
for a final decision, and a copy of such initial decision or
certification shall be mailed to the applicant or recipient and to the
complainant, if any. Where the initial decision referred to in this
paragraph or in paragraph (c) of this section is made by the hearing
officer, the applicant or recipient or the counsel for the Department
may, within the period provided for in the rules of procedure issued by
the designated agency official, file with the reviewing authority
exceptions to the initial decision, with the reasons therefor. Upon the
filing of such exceptions the reviewing authority shall review the
initial decision and issue its own decision thereof including the
reasons therefor. In the absence of exceptions the initial decision
shall constitute the final decision, subject to the provisions of
paragraph (e) of this section.
(b) Decisions on record or review by the reviewing authority.
Whenever a record is certified to the reviewing authority for decision
or it reviews the decision of a hearing officer pursuant to paragraph
(a) or (c) of this section, the applicant or recipient shall be given
reasonable opportunity to file with it briefs or other written
statements of its contentions, and a copy of the final decision of the
reviewing authority shall be given in writing to the applicant or
recipient and to the complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 28.620, the reviewing authority
shall make its final decision on the record or refer the matter to a
hearing officer for an initial decision to be made on the record. A
copy of such decision shall be given in writing to the applicant or
recipient, and to the complainant, if any.
(d) Rulings required. Each decision of a hearing officer or
reviewing authority shall set forth a ruling on each finding,
conclusion, or exception presented, and shall identify the requirement
or requirements imposed by or pursuant to these Title IX regulations
with which it is found that the applicant or recipient has failed to
comply.
(e) Review in certain cases by the Secretary of the Treasury. If
the Secretary has not personally made the final decision referred to in
paragraph (a), (b), or (c) of this section, a recipient or applicant or
the counsel for the Department may request the Secretary to review a
decision of the reviewing authority in accordance with rules of
procedure issued by the designated agency official. Such review is not
a matter of right and shall be granted only where the Secretary
determines there are special and important reasons therefor. The
Secretary may grant or deny such request, in whole or in part.
[[Page 58594]]
The Secretary may also review such a decision upon his own motion in
accordance with rules of procedure issued by the designated agency
official. In the absence of a review under this paragraph, a final
decision referred to in paragraph (a), (b), or (c) of this section
shall become the final decision of the Department when the Secretary
transmits it as such to Congressional committees with the report
required under 20 U.S.C. 1682. Failure of an applicant or recipient to
file an exception with the reviewing authority or to request review
under this paragraph shall not be deemed a failure to exhaust
administrative remedies for the purpose of obtaining judicial review.
(f) Content of orders. The final decision may provide for
suspension or termination of, or refusal to grant or continue Federal
financial assistance, in whole or in part, to which these Title IX
regulations apply, and may contain such terms, conditions, and other
provisions as are consistent with and will effectuate the purposes of
Title IX and these Title IX regulations, including provisions designed
to assure that no Federal financial assistance to which these Title IX
regulations apply will thereafter be extended under such law or laws to
the applicant or recipient determined by such decision to be in default
in its performance of an assurance given by it pursuant to these Title
IX regulations, or to have otherwise failed to comply with these Title
IX regulations unless and until it corrects its noncompliance and
satisfies the designated agency official that it will fully comply with
these Title IX regulations.
(g) Post-termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibility to receive Federal
financial assistance if it satisfies the terms and conditions of that
order for such eligibility or if it brings itself into compliance with
these Title IX regulations and provides reasonable assurance that it
will fully comply with these Title IX regulations. An elementary or
secondary school or school system which is unable to file an assurance
of compliance shall be restored to full eligibility to receive Federal
financial assistance if it files a court order or a plan for
desegregation which meets the applicable requirements and provides
reasonable assurance that it will comply with the court order or plan.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (f) of this section may at any time
request the designated agency official to restore fully its eligibility
to receive Federal financial assistance. Any such request shall be
supported by information showing that the applicant or recipient has
met the requirements of paragraph (g)(1) of this section. If the
designated agency official determines that those requirements have been
satisfied, the official shall restore such eligibility.
(3) If the designated agency official denies any such request, the
applicant or recipient may submit a request for a hearing in writing,
specifying why it believes such official to have been in error. It
shall thereupon be given an expeditious hearing, with a decision on the
record, in accordance with rules of procedure issued by the designated
agency official. The applicant or recipient will be restored to such
eligibility if it proves at such hearing that it satisfied the
requirements of paragraph (g)(1) of this section. While proceedings
under this paragraph (g) are pending, the sanctions imposed by the
order issued under paragraph (f) of this section shall remain in
effect.
Sec. 28.630 Judicial review.
Action taken pursuant to 20 U.S.C. 1682 is subject to judicial
review as provided in 20 U.S.C. 1683.
Sec. 28.635 Forms and instructions; coordination.
(a) Forms and instructions. The designated agency official shall
issue and promptly make available to interested persons forms and
detailed instructions and procedures for effectuating these Title IX
regulations.
(b) Supervision and coordination. The designated agency official
may from time to time assign to officials of the Department, or to
officials of other departments or agencies of the Government with the
consent of such departments or agencies, responsibilities in connection
with the effectuation of the purposes of Title IX and these Title IX
regulations (other than responsibility for review as provided in
Sec. 28.625(e)), including the achievements of effective coordination
and maximum uniformity within the Department and within the Executive
Branch of the Government in the application of Title IX and these Title
IX regulations to similar programs and in similar situations. Any
action taken, determination made, or requirement imposed by an official
of another department or agency acting pursuant to an assignment of
responsibility under this section shall have the same effect as though
such action had been taken by the designated official of this
Department.
DEPARTMENT OF DEFENSE
32 CFR Part 196
FOR FURTHER INFORMATION CONTACT: William E. Leftwich, III, Deputy
Assistant Secretary of Defense (Equal Opportunity), Room 3A272, The
Pentagon, Washington, D.C. 20301-4000, (703) 695-0105.
List of Subjects in 32 CFR Part 196
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Educational research,
Educational study programs, Elementary and secondary education, Equal
educational opportunity, Grant programs--education, Investigations,
Loan programs--education, Reporting and recordkeeping requirements, Sex
discrimination, Student aid, Women.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
For the reasons stated in the preamble, the Department of Defense
proposes to amend 32 CFR, chapter I, subchapter M, as follows:
1. Part 196 is added as set forth at the end of the common preamble
to read as follows:
PART 196--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
196.100 Purpose and effective date
196.105 Definitions
196.110 Remedial and affirmative action and self-evaluation
196.115 Assurance required
196.120 Transfers of property
196.125 Effect of other requirements
196.130 Effect of employment opportunities
196.135 Designation of responsible employee and adoption of
grievance procedures
196.140 Dissemination of policy.
Subpart B--Coverage
196.200 Application
196.205 Educational institutions and other entities controlled by
religious organizations
196.210 Military and merchant marine educational institutions
196.215 Membership practices of certain organizations
196.220 Admissions
196.225 Educational institutions eligible to submit transition
plans
196.230 Transition plans
196.235 Statutory amendments.
[[Page 58595]]
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
196.300 Admission
196.305 Preference in admission
196.310 Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
196.400 Education programs and activities
196.405 Housing
196.410 Comparable facilities
196.415 Access to course offerings
196.420 Access to schools operated by LEAs
196.425 Counseling and use of appraisal and counseling materials
196.430 Financial assistance
196.435 Employment assistance to students
196.440 Health and insurance benefits and services
196.445 Marital or parental status
196.450 Athletics.
196.455 Textbooks and curricular material.
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
196.500 Employment.
196.505 Employment criteria
196.510 Recruitment
196.515 Compensation
196.520 Job classification and structure
196.525 Fringe benefits
196.530 Marital or parental status
196.535 Effect of state or local law or other requirements
196.540 Advertising
196.545 Pre-employment inquiries
196.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
196.600 Notice of covered programs
196.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688
Sec. 196.105 [Amended]
2. In Sec. 196.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Assistant Secretary of Defense (Force Management Policy)'' is added
in its place.
3. In Sec. 196.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 196.100
through 196.605'' is added in its place.
4. Section 196.605 is added to read as follows:
Sec. 196.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 32 CFR 195.7 through
195.12.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1211
FOR FURTHER INFORMATION CONTACT: Nancy Allard, Policy and
Communications Staff (NPOL), 8601 Adelphi Road, College Park, Maryland
20740-6001, (301) 713-7360 ext. 226
List of Subjects in 36 CFR Part 1211
Administrative practice and procedure, Civil rights, Colleges and
universities, Discrimination, Discrimination in Education, Education,
Educational study programs, Employment, Equal educational opportunity,
Equal employment opportunity, Grant programs--archives and records,
Grant programs--education, Nondiscrimination, Reporting and
recordkeeping requirements, Sex discrimination.
Dated: February 5, 1999.
John W. Carlin,
Archivist of the United States.
For the reasons stated in the preamble, the National Archives and
Records Administration proposes to amend 36 CFR, chapter XII,
subchapter A, as follows:
1. Part 1211 is added as set forth at the end of the common
preamble to read as follows:
PART 1211--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec
1211.100 Purpose and effective date
1211.105 Definitions
1211.110 Remedial and affirmative action and self-evaluation
1211.115 Assurance required
1211.120 Transfers of property
1211.125 Effect of other requirements
1211.130 Effect of employment opportunities
1211.135 Designation of responsible employee and adoption of
grievance procedures
1211.140 Dissemination of policy.
Subpart B--Coverage
1211.200 Application
1211.205 Educational institutions and other entities controlled by
religious organizations
1211.210 Military and merchant marine educational institutions
1211.215 Membership practices of certain organizations
1211.220 Admissions
1211.225 Educational institutions eligible to submit transition
plans
1211.230 Transition plans
1211.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
1211.300 Admission
1211.305 Preference in admission
1211.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
1211.400 Education programs and activities
1211.405 Housing
1211.410 Comparable facilities
1211.415 Access to course offerings
1211.420 Access to schools operated by LEAs
1211.425 Counseling and use of appraisal and counseling materials
1211.430 Financial assistance
1211.435 Employment assistance to students
1211.440 Health and insurance benefits and services
1211.445 Marital or parental status
1211.450 Athletics
1211.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
1211.500 Employment
1211.505 Employment criteria
1211.510 Recruitment
1211.515 Compensation
1211.520 Job classification and structure
1211.525 Fringe benefits
1211.530 Marital or parental status
1211.535 Effect of state or local law or other requirements
1211.540 Advertising
1211.545 Pre-employment inquiries
1211.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
1211.600 Notice of covered programs
1211.605 Compliance information
1211.610 Conduct of investigations
1211.615 Procedure for effecting compliance
1211.620 Hearings
1211.625 Decisions and notices
1211.630 Judicial review
1211.635 Forms and instructions; coordination
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 1211.105 [Amended]
2. In Sec. 1211.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Executive Director, National Historical Publications and Records
Commission'' is added in its place.
3. In Sec. 1211.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``36 CFR 1211.100
through 1211.635'' is added in its place.
4. Sections 1211.605, 1211.610, 1211.615, 1211.620, 1211.625,
1211.630 and 1211.635 are added to read as follows:
[[Page 58596]]
Sec. 1211.605 Compliance information.
(a) Cooperation and assistance The designated agency official shall
to the fullest extent practicable seek the cooperation of recipients in
obtaining compliance with these Title IX regulations and shall provide
assistance and guidance to recipients to help them comply voluntarily
with these Title IX regulations.
(b) Compliance reports Each recipient shall keep such records and
submit to the designated agency official (or designee) timely, complete
and accurate compliance reports at such times, and in such form and
containing such information, as the designated agency official (or
designee) may determine to be necessary to enable the official to
ascertain whether the recipient has complied or is complying with these
Title IX regulations. In the case of any program under which a primary
recipient extends Federal financial assistance to any other recipient,
such other recipient shall also submit such compliance reports to the
primary recipient as may be necessary to enable the primary recipient
to carry out its obligations under these Title IX regulations.
(c) Access to sources of information. Each recipient shall permit
access by the designated agency official (or designee) during normal
business hours to such of its books, records, accounts, and other
sources of information, and its facilities as may be pertinent to
ascertain compliance with these Title IX regulations. Where any
information required of a recipient is in the exclusive possession of
any other agency, institution or person and this agency, institution or
person shall fail or refuse to furnish this information the recipient
shall so certify in its report and shall set forth what efforts it has
made to obtain the information. Asserted considerations of privacy or
confidentiality may not operate to bar the agency from evaluating or
seeking to enforce compliance with these Title IX regulations.
Information of a confidential nature obtained in connection with
compliance evaluation or enforcement shall not be disclosed except
where necessary in formal enforcement proceedings or where otherwise
required by law.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of these
Title IX regulations and their applicability to the program for which
the recipient receives Federal financial assistance, and make such
information available to them 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.
Sec. 1211.610 Conduct of investigations.
(a) Periodic compliance reviews. The designated agency official (or
designee) shall from time to time review the practices of recipients to
determine whether they are complying with these Title IX regulations.
(b) Complaints. Any person who believes himself or herself or any
specific class of individuals to be subjected to discrimination
prohibited by these Title IX regulations may by himself or herself or
by a representative file with the designated agency official (or
designee) a written complaint. A complaint must be filed not later than
180 days from the date of the alleged discrimination, unless the time
for filing is extended by the designated agency official (or designee).
(c) Investigations. The designated agency official (or designee)
will make a prompt investigation whenever a compliance review, report,
complaint, or any other information indicates a possible failure to
comply with these Title IX regulations. The investigation should
include, where appropriate, a review of the pertinent practices and
policies of the recipient, the circumstances under which the possible
noncompliance with these Title IX regulations occurred, and other
factors relevant to a determination as to whether the recipient has
failed to comply with these Title IX regulations.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with these
Title IX regulations, the designated agency official (or designee) will
so inform the recipient and the matter will be resolved by informal
means whenever possible. If it has been determined that the matter
cannot be resolved by informal means, action will be taken as provided
for in Sec. 1211.615.
(2) If an investigation does not warrant action pursuant to
paragraph (d) (1) of this section the designated agency official (or
designee) will so inform the recipient and the complainant, if any, in
writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or
other person shall intimidate, threaten, coerce, or discriminate
against any individual for the purpose of interfering with any right or
privilege secured by Title IX or these Title IX regulations, or because
he or she has made a complaint, testified, assisted, or participated in
any manner in an investigation, proceeding or hearing under these Title
IX regulations. The identity of complainants shall be kept confidential
except to the extent necessary to carry out the purposes of these Title
IX regulations, including the conduct of any investigation, hearing, or
judicial proceeding arising under these Title IX regulations.
Sec. 1211.615 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure
to comply with these Title IX regulations, and if the noncompliance or
threatened noncompliance cannot be corrected by informal means,
compliance with these Title IX regulations may be effected by the
suspension or termination of or refusal to grant or to continue Federal
financial assistance or by any other means authorized by law. Such
other means may include, but are not limited to,
(1) A reference to the Department of Justice with a recommendation
that appropriate proceedings be brought to enforce any rights of the
United States under any law of the United States, or any assurance or
other contractual undertaking; and
(2) Any applicable proceeding under State or local law.
(b) Noncompliance with Sec. 1211.115. If an applicant fails or
refuses to furnish an assurance or otherwise fails or refuses to comply
with a requirement imposed by or pursuant to Sec. 1211.115, Federal
financial assistance may be refused in accordance with the procedures
of paragraph (c) of this section. The agency shall not be required to
provide assistance in such a case during the pendency of the
administrative proceedings under paragraph (c) of this section except
that the agency shall continue assistance during the pendency of such
proceedings where such assistance is due and payable pursuant to an
application therefor approved prior to [the effective date of these
Title IX regulations].
(c) Termination of or refusal to grant or to continue Federal
financial assistance. (1) No order suspending, terminating or refusing
to grant or continue Federal financial assistance shall become
effective until:
(i) The designated agency official has advised the applicant or
recipient of its failure to comply and has determined that compliance
cannot be secured by voluntary means;
(ii) There has been an express finding on the record, after
opportunity for hearing, of a failure by the applicant or recipient to
comply with a requirement
[[Page 58597]]
imposed by or pursuant to these Title IX regulations; and
(iii) The expiration of 30 days after the Archivist has filed with
the committee of the House and the committee of the Senate having
legislative jurisdiction over the program involved, a full written
report of the circumstances and the grounds for such action.
(2) Any action to suspend or terminate or to refuse to grant or to
continue Federal financial assistance shall be limited to the
particular political entity, or part thereof, or other applicant or
recipient as to whom such a finding has been made and shall be limited
in its effect to the particular program, or part thereof, in which such
noncompliance has been so found.
(d) Other means authorized by law. (1) No action to effect
compliance by any other means authorized by law shall be taken until:
(i) The designated agency official has determined that compliance
cannot be secured by voluntary means;
(ii) The recipient has been notified of its failure to comply and
of the action to be taken to effect compliance; and
(iii) The expiration of at least 10 days from the mailing of such
notice to the recipient.
(2) During this period of at least 10 days additional efforts shall
be made to persuade the recipient to comply with these Title IX
regulations and to take such corrective action as may be appropriate.
Sec. 1211.620 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 1211.615(c), reasonable notice shall be given by
registered or certified mail, return receipt requested, to the affected
applicant or recipient. This notice shall advise the applicant or
recipient of the action proposed to be taken, the specific provision
under which the proposed action against it is to be taken, and the
matters of fact or law asserted as the basis for this action, and
either:
(1) Fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the designated
agency official that the matter be scheduled for hearing; or
(2) Advise the applicant or recipient that the matter in question
has been set down for hearing at a stated place and time. The time and
place so fixed shall be reasonable and shall be subject to change for
cause. The complainant, if any, shall be advised of the time and place
of the hearing. An applicant or recipient may waive a hearing and
submit written information and argument for the record. The failure of
an applicant or recipient to request a hearing for which a date has
been set shall be deemed to be a waiver of the right to a hearing under
20 U.S.C. 1682 and Sec. 1211.615(c) and consent to the making of a
decision on the basis of such information as may be filed as the
record.
(b) Time and place of hearing. Hearings shall be held at the
offices of the agency in Washington, DC, at a time fixed by the
designated agency official unless the official determines that the
convenience of the applicant or recipient or of the agency requires
that another place be selected. Hearings shall be held before a hearing
officer designated in accordance with 5 U.S.C. 556(b).
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient and the agency shall have the right to be
represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision,
and any administrative review thereof shall be conducted in conformity
with 5 U.S.C. 554-557 (sections 5 through 8 of the Administrative
Procedure Act), and in accordance with such rules of procedure as are
proper (and not inconsistent with this section) relating to the conduct
of the hearing, giving of notices subsequent to those provided for in
paragraph (a) of this section, taking of testimony, exhibits, arguments
and briefs, requests for findings, and other related matters. Both the
agency and the applicant or recipient shall be entitled to introduce
all relevant evidence on the issues as stated in the notice for hearing
or as determined by the hearing officer at the outset of or during the
hearing. Any person (other than a Government employee considered to be
on official business) who, having been invited or requested to appear
and testify as a witness on the Government's behalf, attends at a time
and place scheduled for a hearing provided for by these Title IX
regulations, may be reimbursed for his or her travel and actual
expenses of attendance in an amount not to exceed the amount payable
under the standardized travel regulations to a Government employee
traveling on official business.
(2) Technical rules of evidence shall not apply to hearings
conducted pursuant to these Title IX regulations, but rules or
principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination shall
be applied where reasonably necessary by the hearing officer. The
hearing officer may exclude irrelevant, immaterial, or unduly
repetitious evidence. All documents and other evidence offered or taken
for the record shall be open to examination by the parties and
opportunity shall be given to refute facts and arguments advanced on
either side of the issues. A transcript shall be made of the oral
evidence except to the extent the substance thereof is stipulated for
the record. All decisions shall be based upon the hearing record and
written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with these Title
IX regulations with respect to two or more programs to which these
Title IX regulations apply, or noncompliance with these Title IX
regulations and the regulations of one or more other Federal
departments or agencies issued under Title IX, the designated agency
official may, by agreement with such other departments or agencies
where applicable, provide for the conduct of consolidated or joint
hearings, and for the application to such hearings of rules of
procedures not inconsistent with these Title IX regulations. Final
decisions in such cases, insofar as these Title IX regulations are
concerned, shall be made in accordance with Sec. 1211.625.
Sec. 1211.625 Decisions and notices.
(a) Decisions by hearing officers. After a hearing is held by a
hearing officer such hearing officer shall either make an initial
decision, if so authorized, or certify the entire record including
recommended findings and proposed decision to the reviewing authority
for a final decision, and a copy of such initial decision or
certification shall be mailed to the applicant or recipient and to the
complainant, if any. Where the initial decision referred to in this
paragraph or in paragraph (c) of this section is made by the hearing
officer, the applicant or recipient or the counsel for the agency may,
within the period provided for in the rules of procedure issued by the
designated agency official, file with the reviewing authority
exceptions to the initial decision, with the reasons therefor. Upon the
filing of such exceptions the reviewing authority shall review the
initial decision and issue its own decision thereof including the
reasons therefor. In the absence of exceptions the initial decision
shall constitute the final decision, subject to the provisions of
paragraph (e) of this section.
(b) Decisions on record or review by the reviewing authority.
Whenever a record is certified to the reviewing authority for decision
or it reviews the decision of a hearing officer pursuant to
[[Page 58598]]
paragraph (a) or (c) of this section, the applicant or recipient shall
be given reasonable opportunity to file with it briefs or other written
statements of its contentions, and a copy of the final decision of the
reviewing authority shall be given in writing to the applicant or
recipient and to the complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 1211.620, the reviewing authority
shall make its final decision on the record or refer the matter to a
hearing officer for an initial decision to be made on the record. A
copy of such decision shall be given in writing to the applicant or
recipient, and to the complainant, if any.
(d) Rulings required. Each decision of a hearing officer or
reviewing authority shall set forth a ruling on each finding,
conclusion, or exception presented, and shall identify the requirement
or requirements imposed by or pursuant to these Title IX regulations
with which it is found that the applicant or recipient has failed to
comply.
(e) Review in certain cases by the Archivist of the United States.
If the Archivist has not personally made the final decision referred to
in paragraph (a), (b), or (c) of this section, a recipient or applicant
or the counsel for the agency may request the Archivist to review a
decision of the reviewing authority in accordance with rules of
procedure issued by the designated agency official. Such review is not
a matter of right and shall be granted only where the Archivist
determines there are special and important reasons therefor. The
Archivist may grant or deny such request, in whole or in part. The
Archivist may also review such a decision upon his own motion in
accordance with rules of procedure issued by the National Archives and
Records Administration. In the absence of a review under this
paragraph, a final decision referred to in paragraph (a), (b), or (c)
of this section shall become the final decision of the agency when the
Archivist transmits it as such to Congressional committees with the
report required under 20 U.S.C. 1682. Failure of an applicant or
recipient to file an exception with the reviewing authority or to
request review under this paragraph shall not be deemed a failure to
exhaust administrative remedies for the purpose of obtaining judicial
review.
(f) Content of orders. The final decision may provide for
suspension or termination of, or refusal to grant or continue Federal
financial assistance, in whole or in part, to which these Title IX
regulations apply, and may contain such terms, conditions, and other
provisions as are consistent with and will effectuate the purposes of
Title IX and these Title IX regulations, including provisions designed
to assure that no Federal financial assistance to which these Title IX
regulations apply will thereafter be extended under such law or laws to
the applicant or recipient determined by such decision to be in default
in its performance of an assurance given by it pursuant to these Title
IX regulations, or to have otherwise failed to comply with these Title
IX regulations unless and until it corrects its noncompliance and
satisfies the designated agency official that it will fully comply with
these Title IX regulations.
(g) Post-termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibility to receive Federal
financial assistance if it satisfies the terms and conditions of that
order for such eligibility or if it brings itself into compliance with
these Title IX regulations and provides reasonable assurance that it
will fully comply with these Title IX regulations. An elementary or
secondary school or school system which is unable to file an assurance
of compliance shall be restored to full eligibility to receive Federal
financial assistance if it files a court order or a plan for
desegregation which meets the applicable requirements and provides
reasonable assurance that it will comply with the court order or plan.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (f) of this section may at any time
request the designated agency official to restore fully its eligibility
to receive Federal financial assistance. Any such request shall be
supported by information showing that the applicant or recipient has
met the requirements of paragraph (g)(1) of this section. If the
designated agency official determines that those requirements have been
satisfied, the official shall restore such eligibility.
(3) If the designated agency official denies any such request, the
applicant or recipient may submit a request for a hearing in writing,
specifying why it believes such official to have been in error. It
shall thereupon be given an expeditious hearing, with a decision on the
record, in accordance with rules of procedure issued by the designated
agency official. The applicant or recipient will be restored to such
eligibility if it proves at such hearing that it satisfied the
requirements of paragraph (g)(1) of this section. While proceedings
under this paragraph (g) are pending, the sanctions imposed by the
order issued under paragraph (f) of this section shall remain in
effect.
Sec. 1211.630 Judicial review.
Action taken pursuant to 20 U.S.C. 1682 is subject to judicial
review as provided in 20 U.S.C. 1683.
Sec. 1211.635 Forms and instructions; coordination.
(a) Forms and instructions. The designated agency official shall
issue and promptly make available to interested persons forms and
detailed instructions and procedures for implementing these Title IX
regulations.
(b) Supervision and coordination. The Archivist or his designee may
from time to time assign to officials of the agency, or to officials of
other departments or agencies of the Government with the consent of
such departments or agencies, responsibilities in connection with the
effectuation of the purposes of Title IX and these Title IX regulations
(other than responsibility for review as provided in Sec. 1211.625(e)),
including the achievements of effective coordination and maximum
uniformity within the agency and within the Executive Branch of the
Government in the application of Title IX and these Title IX
regulations to similar programs and in similar situations. Any action
taken, determination made, or requirement imposed by an official of
another department or agency acting pursuant to an assignment of
responsibility under this section shall have the same effect as though
such action had been taken by the designated official of this agency.
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 23
RIN 2900-AJ11
FOR FURTHER INFORMATION CONTACT: Ventris C. Gibson, Deputy Assistant
Secretary for Resolution Management (08), Department of Veterans
Affairs, 810 Vermont Avenue, N.W., Washington, D.C. 20420, (202) 273-
9437.
List of Subjects in 38 CFR Part 23
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Educational research,
Educational study programs, Elementary and secondary education, Equal
educational opportunity, Equal employment opportunity, Grant programs--
education, Investigations, Loan programs--education, Religious
discrimination, Reporting and
[[Page 58599]]
recordkeeping requirements, Sex discrimination, Student aid, Women.
Approved: March 3, 1998.
Togo D. West, Jr.,
Acting Secretary.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR, chapter I, as follows:
1. Part 23 is added as set forth at the end of the common preamble
to read as follows:
PART 23--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
23.100 Purpose and effective date
23.105 Definitions
23.110 Remedial and affirmative action and self-evaluation
23.115 Assurance required
23.120 Transfers of property
23.125 Effect of other requirements
23.130 Effect of employment opportunities
23.135 Designation of responsible employee and adoption of
grievance procedures
23.140 Dissemination of policy
Subpart B--Coverage
23.200 Application
23.205 Educational institutions and other entities controlled by
religious organizations
23.210 Military and merchant marine educational institutions
23.215 Membership practices of certain organizations
23.220 Admissions
23.225 Educational institutions eligible to submit transition plans
23.230 Transition plans
23.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
23.300 Admission
23.305 Preference in admission
23.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
23.400 Education programs and activities
23.405 Housing
23.410 Comparable facilities
23.415 Access to course offerings
23.420 Access to schools operated by LEAs
23.425 Counseling and use of appraisal and counseling materials
23.430 Financial assistance
23.435 Employment assistance to students
23.440 Health and insurance benefits and services
23.445 Marital or parental status
23.450 Athletics
23.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
23.500 Employment
23.505 Employment criteria
23.510 Recruitment
23.515 Compensation
23.520 Job classification and structure
23.525 Fringe benefits
23.530 Marital or parental status
23.535 Effect of state or local law or other requirements
23.540 Advertising
23.545 Pre-employment inquiries
23.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
23.600 Notice of covered programs
23.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 23.105 [Amended]
2. In Sec. 23.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Deputy Assistant Secretary for Equal Opportunity'' is added in its
place.
3. In Sec. 23.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 23.100
through 23.605'' is added in its place.
4. Section 23.605 is added to read as follows:
Sec. 23.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 38 CFR 18.6 through
18.11.
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 5
FOR FURTHER INFORMATION CONTACT: Ann Goode, Office of Civil Rights,
Environmental Protection Agency, 401 M Street, S.W. (1201), Washington,
D.C. 20460, (202) 260-4575.
List of Subjects in 40 CFR Part 5
Administrative practice and procedure, Buildings and facilities,
Civil rights, Colleges and universities, Education, Educational
facilities, Educational research, Educational study programs,
Elementary and secondary education, Environmental protection, Equal
educational opportunity, Equal employment opportunity, Grant programs--
education, Loan programs--education, Reporting and recordkeeping
requirements, Sex discrimination, Student aid, Women.
Dated: January 15, 1998.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR, chapter I, subchapter A, as
follows:
1. Part 5 is added as set forth at the end of the common preamble
to read as follows:
PART 5--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS
AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
5.100 Purpose and effective date
5.105 Definitions
5.110 Remedial and affirmative action and self-evaluation
5.115 Assurance required
5.120 Transfers of property
5.125 Effect of other requirements
5.130 Effect of employment opportunities
5.135 Designation of responsible employee and adoption of grievance
procedures
5.140 Dissemination of policy
Subpart B--Coverage
5.200 Application
5.205 Educational institutions and other entities controlled by
religious organizations
5.210 Military and merchant marine educational institutions
5.215 Membership practices of certain organizations
5.220 Admissions
5.225 Educational institutions eligible to submit transition plans
5.230 Transition plans
5.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
5.300 Admission
5.305 Preference in admission
5.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
5.400 Education programs and activities
5.405 Housing
5.410 Comparable facilities
5.415 Access to course offerings
5.420 Access to schools operated by LEAs
5.425 Counseling and use of appraisal and counseling materials
5.430 Financial assistance
5.435 Employment assistance to students
5.440 Health and insurance benefits and services
5.445 Marital or parental status
5.450 Athletics
5.455 Textbooks and curricular material
[[Page 58600]]
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
5.500 Employment
5.505 Employment criteria
5.510 Recruitment
5.515 Compensation
5.520 Job classification and structure
5.525 Fringe benefits
5.530 Marital or parental status
5.535 Effect of state or local law or other requirements
5.540 Advertising
5.545 Pre-employment inquiries
5.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
5.600 Notice of covered programs
5.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 5.105 [Amended]
2. In Sec. 5.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and ``the
Director, Office of Civil Rights'' is added in its place.
3. In Sec. 5.105 in the definition of ``Title IX regulations,'' the
brackets and text within brackets are removed and ``Secs. 5.100 through
5.605'' is added in its place.
4. Section 5.605 is added to read as follows:
Sec. 5.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 40 CFR 7.105 through
7.135.
GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-4
RIN 3090-AG58
FOR FURTHER INFORMATION CONTACT: James M. Taylor, Director, Office of
Civil Rights, General Services Administration, 1800 F Street, N.W.,
Room 5127, Washington, D.C. 20405, (202) 501-0767.
List of Subjects in 41 CFR Part 101-4
Civil rights, Government property management, Sex discrimination,
Women.
James M. Taylor,
Director, Office of Civil Rights.
For the reasons stated in the preamble, the General Services
Administration proposes to amend 41 CFR, chapter 101, subchapter A, as
follows:
1. Part 101-4 is added as set forth at the end of the common
preamble to read as follows:
PART 101-4--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
101-4.100 Purpose and effective date
101-4.105 Definitions
101-4.110 Remedial and affirmative action and self-evaluation
101-4.115 Assurance required
101-4.120 Transfers of property
101-4.125 Effect of other requirements
101-4.130 Effect of employment opportunities
101-4.135 Designation of responsible employee and adoption of
grievance procedures
101-4.140 Dissemination of policy
Subpart B--Coverage
101-4.200 Application
101-4.205 Educational institutions and other entities controlled by
religious organizations
101-4.210 Military and merchant marine educational institutions
101-4.215 Membership practices of certain organizations
101-4.220 Admissions
101-4.225 Educational institutions eligible to submit transition
plans
101-4.230 Transition plans
101-4.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
101-4.300 Admission
101-4.305 Preference in admission
101-4.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
101-4.400 Education programs and activities
101-4.405 Housing
101-4.410 Comparable facilities
101-4.415 Access to course offerings
101-4.420 Access to schools operated by LEAs
101-4.425 Counseling and use of appraisal and counseling materials
101-4.430 Financial assistance
101-4.435 Employment assistance to students
101-4.440 Health and insurance benefits and services
101-4.445 Marital or parental status
101-4.450 Athletics
101-4.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
101-4.500 Employment
101-4.505 Employment criteria
101-4.510 Recruitment
101-4.515 Compensation
101-4.520 Job classification and structure
101-4.525 Fringe benefits
101-4.530 Marital or parental status
101-4.535 Effect of state or local law or other requirements
101-4.540 Advertising
101-4.545 Pre-employment inquiries
101-4.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
101-4.600 Notice of covered programs
101-4.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 101-4.105 [Amended]
2. In Sec. 101-4.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and ``the
Associate Administrator for Equal Employment Opportunity'' is added in
its place.
3. In Sec. 101-4.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 101-4.100
through 101-4.605'' is added in its place.
4. Section 101-4.605 is added to read as follows:
Sec. 101-4.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 41 CFR part 101-6,
subpart 101-6.2.
DEPARTMENT OF THE INTERIOR
43 CFR Part 41
RIN 1090-AA64
FOR FURTHER INFORMATION CONTACT: Melvin C. Fowler, Office for Equal
Opportunity, MS 5221, U.S. Department of the Interior, Washington, D.C.
20240, (202) 208-3455.
List of Subjects in 43 CFR Part 41
Adult education, Athletics, Civil rights, Colleges and
universities, Counseling, Education, Educational facilities,
Educational research, Educational study programs, Elementary and
secondary education, Equal educational opportunity, Equal employment
opportunity, Grant programs--education, Investigations, Loan programs--
education, Marital status discrimination, Religious discrimination,
Reporting and recordkeeping requirements, Research, Sex discrimination,
Scholarships, Student aid, Training, Vocational education, Vocational
training, Women.
[[Page 58601]]
Dated: September 21, 1999.
John Berry,
Assistant Secretary--Policy, Management, and Budget.
For the reasons stated in the preamble, the Department of the
Interior proposes to amend 43 CFR, subtitle A, as follows:
1. Part 41 is added as set forth at the end of the common preamble
to read as follows:
PART 41--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
41.100 Purpose and effective date
41.105 Definitions
41.110 Remedial and affirmative action and self-evaluation
41.115 Assurance required
41.120 Transfers of property
41.125 Effect of other requirements
41.130 Effect of employment opportunities
41.135 Designation of responsible employee and adoption of
grievance procedures
41.140 Dissemination of policy
Subpart B--Coverage
41.200 Application
41.205 Educational institutions and other entities controlled by
religious organizations
41.210 Military and merchant marine educational institutions
41.215 Membership practices of certain organizations
41.220 Admissions
41.225 Educational institutions eligible to submit transition plans
41.230 Transition plans
41.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
41.300 Admission
41.305 Preference in admission
41.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
41.400 Education programs and activities
41.405 Housing
41.410 Comparable facilities
41.415 Access to course offerings
41.420 Access to schools operated by LEAs
41.425 Counseling and use of appraisal and counseling materials
41.430 Financial assistance
41.435 Employment assistance to students
41.440 Health and insurance benefits and services
41.445 Marital or parental status
41.450 Athletics
41.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
41.500 Employment
41.505 Employment criteria
41.510 Recruitment
41.515 Compensation
41.520 Job classification and structure
41.525 Fringe benefits
41.530 Marital or parental status
41.535 Effect of state or local law or other requirements
41.540 Advertising
41.545 Pre-employment inquiries
41.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
41.600 Notice of covered programs
41.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 41.105 [Amended]
2. In Sec. 41.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Deputy Assistant Secretary for Workforce Diversity'' is added in its
place.
3. In Sec. 41.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 41.100
through 41.605'' is added in its place.
4. Section 41.605 is added to read as follows:
Sec. 41.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 43 CFR 17.5 through 17.11
and 43 CFR part 4, subpart I.
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 19
RIN 3067-AC71
FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Federal Emergency
Management Agency, 500 C Street, SW., Room 407, Washington, DC 20472,
(202) 646-4122.
List of Subjects in 44 CFR Part 19
Administrative practice and procedure, Civil rights, Colleges and
universities, Discrimination, Discrimination in education,
Discrimination in employment, Education, Educational facilities,
Educational research, Educational study programs, Elementary and
secondary education, Employment, Equal educational opportunity, Equal
employment opportunity, Federal aid programs, Grant programs--
education, Investigations, Marital status discrimination,
Nondiscrimination, Reporting and recordkeeping requirements, Schools,
Secondary education, Sex discrimination, Student aid, Universities,
Women.
Pauline C. Campbell,
Director, Office of Equal Rights.
For the reasons stated in the preamble, the Federal Emergency
Management Agency proposes to amend 44 CFR, chapter I, subchapter A, as
follows:
1. Part 19 is added as set forth at the end of the common preamble
to read as follows:
PART 19--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
19.100 Purpose and effective date
19.105 Definitions
19.110 Remedial and affirmative action and self-evaluation
19.115 Assurance required
19.120 Transfers of property
19.125 Effect of other requirements
19.130 Effect of employment opportunities
19.135 Designation of responsible employee and adoption of
grievance procedures
19.140 Dissemination of policy
Subpart B--Coverage
19.200 Application
19.205 Educational institutions and other entities controlled by
religious organizations
19.210 Military and merchant marine educational institutions
19.215 Membership practices of certain organizations
19.220 Admissions
19.225 Educational institutions eligible to submit transition plans
19.230 Transition plans
19.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
19.300 Admission
19.305 Preference in admission
19.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
19.400 Education programs and activities
19.405 Housing
19.410 Comparable facilities
19.415 Access to course offerings
19.420 Access to schools operated by LEAs
19.425 Counseling and use of appraisal and counseling materials
19.430 Financial assistance
19.435 Employment assistance to students
[[Page 58602]]
19.440 Health and insurance benefits and services
19.445 Marital or parental status
19.450 Athletics
19.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
19.500 Employment
19.505 Employment criteria
19.510 Recruitment
19.515 Compensation
19.520 Job classification and structure
19.525 Fringe benefits
19.530 Marital or parental status
19.535 Effect of state or local law or other requirements
19.540 Advertising
19.545 Pre-employment inquiries
19.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
19.600 Notice of covered programs.
19.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 19.105 [Amended]
2. In Sec. 19.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Director, Office of Equal Rights'' is added in its place.
3. In Sec. 19.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 19.100
through 19.605'' is added in its place.
4. Section 19.605 is added to read as follows:
Sec. 19.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 44 CFR 7.10 through 7.15.
NATIONAL SCIENCE FOUNDATION
45 CFR Part 618
FOR FURTHER INFORMATION CONTACT: Anita Eisenstadt, Assistant General
Counsel, 4201 Wilson Boulevard, Room 1265, Arlington, Virginia 22230,
(703) 306-1060.
List of Subjects in 45 CFR Part 618
Civil rights, Colleges and universities, Education, Education of
individuals with disabilities, Educational facilities, Educational
research, Educational study programs, Elementary and secondary
education, Equal educational opportunity, Equal employment opportunity,
Grant programs--education, Individuals with disabilities, Sex
discrimination, Women.
Lawrence Rudolph,
General Counsel.
For the reasons stated in the preamble, the National Science
Foundation proposes to amend 45 CFR, chapter VI, as follows:
1. Part 618 is added as set forth at the end of the common preamble
to read as follows:
PART 618--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
618.100 Purpose and effective date
618.105 Definitions
618.110 Remedial and affirmative action and self-evaluation
618.115 Assurance required
618.120 Transfers of property
618.125 Effect of other requirements
618.130 Effect of employment opportunities
618.135 Designation of responsible employee and adoption of
grievance procedures
618.140 Dissemination of policy
Subpart B--Coverage
618.200 Application
618.205 Educational institutions and other entities controlled by
religious organizations
618.210 Military and merchant marine educational institutions
618.215 Membership practices of certain organizations
618.220 Admissions
618.225 Educational institutions eligible to submit transition
plans
618.230 Transition plans
618.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
618.300 Admission
618.305 Preference in admission
618.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
618.400 Education programs and activities
618.405 Housing
618.410 Comparable facilities
618.415 Access to course offerings
618.420 Access to schools operated by LEAs
618.425 Counseling and use of appraisal and counseling materials
618.430 Financial assistance
618.435 Employment assistance to students
618.440 Health and insurance benefits and services
618.445 Marital or parental status
618.450 Athletics
618.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
618.500 Employment
618.505 Employment criteria
618.510 Recruitment
618.515 Compensation
618.520 Job classification and structure
618.525 Fringe benefits
618.530 Marital or parental status
618.535 Effect of state or local law or other requirements
618.540 Advertising
618.545 Pre-employment inquiries
618.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
618.600 Notice of covered programs
618.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 618.105 [Amended]
2. In Sec. 618.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``General Counsel and head of the policy office, Division of Contracts,
Policy, and Oversight'' is added in its place.
3. In Sec. 618.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 618.100
through 618.605'' is added in its place.
4. Section 618.605 is added to read as follows:
Sec. 618.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 45 CFR part 611.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Part 1155
FOR FURTHER INFORMATION CONTACT: Hope O'Keeffe, Deputy General Counsel,
National Endowment for the Arts, 1100 Pennsylvania Avenue, N.W.,
Washington, D.C. 20506, (202) 682-5418 (voice), (202) 682-5496 (TDD),
(202) 682-5572 (facsimile).
List of Subjects in 45 CFR Part 1155
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Education of
individuals with disabilities, Educational research, Educational study
programs, Elementary and secondary education, Equal educational
opportunity, Equal
[[Page 58603]]
employment opportunity, Grant programs--education, Individuals with
disabilities, Investigations, Marital status discrimination, Religious
discrimination, Reporting and recordkeeping requirements, Sex
discrimination, Student aid, Women.
Hope O'Keeffe,
Deputy General Counsel.
For the reasons stated in the preamble, the National Endowment for
the Arts proposes to amend 45 CFR, chapter XI, subchapter B, as
follows:
1. Part 1155 is added as set forth at the end of the common
preamble to read as follows:
PART 1155--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
1155.100 Purpose and effective date
1155.105 Definitions
1155.110 Remedial and affirmative action and self-evaluation
1155.115 Assurance required
1155.120 Transfers of property
1155.125 Effect of other requirements
1155.130 Effect of employment opportunities
1155.135 Designation of responsible employee and adoption of
grievance procedures
1155.140 Dissemination of policy
Subpart B--Coverage
1155.200 Application
1155.205 Educational institutions and other entities controlled by
religious organizations
1155.210 Military and merchant marine educational institutions
1155.215 Membership practices of certain organizations
1155.220 Admissions
1155.225 Educational institutions eligible to submit transition
plans
1155.230 Transition plans
1155.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
1155.300 Admission
1155.305 Preference in admission
1155.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
1155.400 Education programs and activities
1155.405 Housing
1155.410 Comparable facilities
1155.415 Access to course offerings
1155.420 Access to schools operated by LEAs
1155.425 Counseling and use of appraisal and counseling materials
1155.430 Financial assistance
1155.435 Employment assistance to students
1155.440 Health and insurance benefits and services
1155.445 Marital or parental status
1155.450 Athletics
1155.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
1155.500 Employment
1155.505 Employment criteria
1155.510 Recruitment
1155.515 Compensation
1155.520 Job classification and structure
1155.525 Fringe benefits
1155.530 Marital or parental status
1155.535 Effect of state or local law or other requirements
1155.540 Advertising
1155.545 Pre-employment inquiries
1155.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
1155.600 Notice of covered programs
1155.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 1155.105 [Amended]
2. In Sec. 1155.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Director, Office of Civil Rights'' is added in its place.
3. In Sec. 1155.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 1155.100
through 1155.605'' is added in its place.
4. Section 1155.605 is added to read as follows:
Sec. 1155.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 45 CFR part 1110.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Part 1171
RIN 3136-AA11
FOR FURTHER INFORMATION CONTACT: Virginia R. Canter, General Counsel,
1100 Pennsylvania Avenue, NW, Suite 530, Washington, DC 20506, (202)
606-8322.
List of Subjects in 45 CFR Part 1171
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Equal educational opportunity, Grant
programs--education, Investigations, Reporting and recordkeeping
requirements, Sex discrimination, Student aid, Women.
Virginia R. Canter,
General Counsel.
For the reasons stated in the preamble, the National Endowment for
the Humanities proposes to amend 45 CFR, chapter XI, subchapter D as
follows:
1. Part 1171 is added as set forth at the end of the common
preamble to read as follows:
PART 1171--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
1171.100 Purpose and effective date
1171.105 Definitions
1171.110 Remedial and affirmative action and self-evaluation
1171.115 Assurance required
1171.120 Transfers of property
1171.125 Effect of other requirements
1171.130 Effect of employment opportunities
1171.135 Designation of responsible employee and adoption of
grievance procedures
1171.140 Dissemination of policy
Subpart B--Coverage
1171.200 Application
1171.205 Educational institutions and other entities controlled by
religious organizations
1171.210 Military and merchant marine educational institutions
1171.215 Membership practices of certain organizations
1171.220 Admissions
1171.225 Educational institutions eligible to submit transition
plans
1171.230 Transition plans
1171.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
1171.300 Admission
1171.305 Preference in admission
1171.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
1171.400 Education programs and activities
1171.405 Housing
1171.410 Comparable facilities
1171.415 Access to course offerings
1171.420 Access to schools operated by LEAs
1171.425 Counseling and use of appraisal and counseling materials
1171.430 Financial assistance
1171.435 Employment assistance to students
[[Page 58604]]
1171.440 Health and insurance benefits and services
1171.445 Marital or parental status
1171.450 Athletics
1171.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
1171.500 Employment
1171.505 Employment criteria
1171.510 Recruitment
1171.515 Compensation
1171.520 Job classification and structure
1171.525 Fringe benefits
1171.530 Marital or parental status
1171.535 Effect of state or local law or other requirements
1171.540 Advertising
1171.545 Pre-employment inquiries
1171.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
1171.600 Notice of covered programs
1171.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 1171.105 [Amended]
2. In Sec. 1171.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``General Counsel'' is added in its place.
3. In Sec. 1171.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 1171.100
through 1171.605'' is added in its place.
4. Section 1171.605 is added to read as follows:
Sec. 1171.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 45 CFR part 1110.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum and Library Services
45 CFR Part 1182
RIN 3137-AA09
FOR FURTHER INFORMATION CONTACT: Mary Ann Bittner, Institute of Museum
and Library Services, 1100 Pennsylvania Avenue, N.W., Room 510,
Washington, D.C. 20506, (202) 606-8536.
List of Subjects in 45 CFR Part 1182
Administrative practice and procedure, Civil rights, Education,
Equal educational opportunity, Grant programs--education,
Investigations, Reporting and recordkeeping requirements, Sex
discrimination, Student aid, Women.
Mary Ann Bittner,
Director of Legislative and Public Affairs.
For the reasons stated in the preamble, the Institute of Museum and
Library Services proposes to amend 45 CFR, chapter XI, subchapter E, as
follows:
1. Part 1182 is added as set forth at the end of the common
preamble to read as follows:
PART 1182--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
1182.100 Purpose and effective date
1182.105 Definitions
1182.110 Remedial and affirmative action and self-evaluation
1182.115 Assurance required
1182.120 Transfers of property
1182.125 Effect of other requirements
1182.130 Effect of employment opportunities
1182.135 Designation of responsible employee and adoption of
grievance procedures
1182.140 Dissemination of policy
Subpart B--Coverage
1182.200 Application
1182.205 Educational institutions and other entities controlled by
religious organizations
1182.210 Military and merchant marine educational institutions
1182.215 Membership practices of certain organizations
1182.220 Admission
1182.225 Educational institutions eligible to submit transition
plans
1182.230 Transition plans
1182.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
1182.300 Admission
1182.305 Preference in admission
1182.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs
and Activities Prohibited
1182.400 Education programs and activities.
1182.405 Housing
1182.410 Comparable facilities
1182.415 Access to course offerings
1182.420 Access to schools operated by LEAs
1182.425 Counseling and use of appraisal and counseling materials
1182.430 Financial assistance
1182.435 Employment assistance to students
1182.440 Health and insurance benefits and services
1182.445 Marital or parental status
1182.450 Athletics
1182.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
1182.500 Employment
1182.505 Employment criteria
1182.510 Recruitment
1182.515 Compensation
1182.520 Job classification and structure
1182.525 Fringe benefits
1182.530 Marital or parental status
1182.535 Effect of state or local law or other requirements
1182.540 Advertising
1182.545 Pre-employment inquiries
1182.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
1182.600 Notice of covered programs
1182.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 1182.105 [Amended]
2. In Sec. 1182.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Director, Policy, Planning and Budget'' is added in its place.
3. In Sec. 1182.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 1182.100
through 1182.605'' is added in its place.
4. Section 1182.605 is added to read as follows:
Sec. 1182.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 45 CFR part 1110.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2555
FOR FURTHER INFORMATION CONTACT: Nancy B. Voss, Director, Equal
Opportunity, Corporation for National and Community Service, 1201 New
York Avenue, N.W., Washington, D.C. 20525, (202) 606-5000, extension
308.
List of Subjects in 45 CFR Part 2555
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Educational research,
Educational study programs, Elementary and secondary education, Equal
educational opportunity, Equal employment opportunity, Grant
[[Page 58605]]
programs--education, Investigations, Loan programs--education,
Reporting and recordkeeping requirements, Sex discrimination, Student
aid, Women.
Thomasenia P. Duncan,
General Counsel.
For the reasons stated in the preamble, the Corporation for
National and Community Service proposes to amend 45 CFR, chapter XXV,
as follows:
1. Part 2555 is added as set forth at the end of the common
preamble to read as follows:
PART 2555--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
2555.100 Purpose and effective date
2555.105 Definitions
2555.110 Remedial and affirmative action and self-evaluation
2555.115 Assurance required
2555.120 Transfers of property
2555.125 Effect of other requirements
2555.130 Effect of employment opportunities
2555.135 Designation of responsible employee and adoption of
grievance procedures
2555.140 Dissemination of policy
Subpart B--Coverage
2555.200 Application
2555.205 Educational institutions and other entities controlled by
religious organizations
2555.210 Military and merchant marine educational institutions
2555.215 Membership practices of certain organizations
2555.220 Admission
2555.225 Educational institutions eligible to submit transition
plans
2555.230 Transition plans
2555.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
2555.300 Admission
2555.305 Preference in admission
2555.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
2555.400 Education programs and activities
2555.405 Housing
2555.410 Comparable facilities
2555.415 Access to course offerings
2555.420 Access to schools operated by LEAs
2555.425 Counseling and use of appraisal and counseling materials
2555.430 Financial assistance
2555.435 Employment assistance to students
2555.440 Health and insurance benefits and services
2555.445 Marital or parental status
2555.450 Athletics
2555.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
2555.500 Employment.
2555.505 Employment criteria
2555.510 Recruitment
2555.515 Compensation
2555.520 Job classification and structure
2555.525 Fringe benefits
2555.530 Marital or parental status
2555.535 Effect of state or local law or other requirements
2555.540 Advertising
2555.545 Pre-employment inquiries
2555.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
2555.600 Notice of covered programs
2555.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 2555.105 [Amended]
2. In Sec. 2555.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Director, Equal Opportunity'' is added in its place.
3. In Sec. 2555.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 2555.100
through 2555.605'' is added in its place.
4. Section 2555.605 is added to read as follows:
Sec. 2555.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 45 CFR 1203.6 through
1203.12.
DEPARTMENT OF TRANSPORTATION
49 CFR Part 25
FOR FURTHER INFORMATION CONTACT: Marc Brenman, Department Office of
Civil Rights, Room 10217, 400 7th Street, S.W., Washington, D.C. 20590,
(202) 366-1119 or Nancy Dunham, Senior Attorney-Advisor; Civil Rights,
Office of Environmental, Civil Rights, and General Law, Room 5432, 400
7th Street, S.W., Washington, D.C. 20590, (202) 366-8072.
List of Subjects in 49 CFR Part 25
Administrative practice and procedure, Civil rights, Colleges and
universities, Discrimination, Education of individuals with
disabilities, Education, Educational facilities, Educational research,
Educational study programs, Elementary and secondary education, Equal
educational opportunity, Equal employment opportunity, Equal
opportunity, Gender discrimination, Grant programs--education,
Individuals with disabilities, Investigations, Loan Programs--
education, Reporting and recordkeeping requirements, Sex
discrimination, Student aid, Training, Women.
Rodney Slater,
Secretary of Transportation.
For the reasons stated in the preamble, the Department of
Transportation proposes to amend 49 CFR, subtitle A, as follows:
1. Part 25 is added as set forth at the end of the common preamble
to read as follows:
PART 25--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION
PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
Subpart A--Introduction
Sec.
25.100 Purpose and effective date
25.105 Definitions
25.110 Remedial and affirmative action and self-evaluation
25.115 Assurance required
25.120 Transfers of property
25.125 Effect of other requirements
25.130 Effect of employment opportunities
25.135 Designation of responsible employee and adoption of
grievance procedures
25.140 Dissemination of policy
Subpart B--Coverage
25.200 Application
25.205 Educational institutions and other entities controlled by
religious organizations
25.210 Military and merchant marine educational institutions
25.215 Membership practices of certain organizations
25.220 Admission
25.225 Educational institutions eligible to submit transition plans
25.230 Transition plans
25.235 Statutory amendments
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
25.300 Admission
25.305 Preference in admission
25.310 Recruitment
Subpart D--Discrimination on the Basis of Sex in Education Programs and
Activities Prohibited
25.400 Education programs and activities
25.405 Housing
25.410 Comparable facilities
25.415 Access to course offerings
25.420 Access to schools operated by LEAs
25.425 Counseling and use of appraisal and counseling materials
25.430 Financial assistance
[[Page 58606]]
25.435 Employment assistance to students
25.440 Health and insurance benefits and services
25.445 Marital or parental status
25.450 Athletics
25.455 Textbooks and curricular material
Subpart E--Discrimination on the Basis of Sex in Employment in
Education Programs and Activities Prohibited
25.500 Employment
25.505 Employment criteria
25.510 Recruitment
25.515 Compensation
25.520 Job classification and structure
25.525 Fringe benefits
25.530 Marital or parental status
5.535 Effect of state or local law or other requirements
25.540 Advertising
25.545 Pre-employment inquiries
25.550 Sex as a bona fide occupational qualification
Subpart F--Procedures
25.600 Notice of covered programs
25.605 Enforcement procedures
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
Sec. 25.105 [Amended]
2. In Sec. 25.105 in the definition of ``designated agency
official,'' the brackets and text within brackets are removed and
``Director, Departmental Office of Civil Rights'' is added in its
place.
3. In Sec. 25.105 in the definition of ``Title IX regulations,''
the brackets and text within brackets are removed and ``Secs. 25.100
through 25.605'' is added in its place.
4. Section 25.605 is added to read as follows:
Sec. 25.605 Enforcement procedures.
The investigative, compliance, and enforcement procedural
provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) (``Title VI'') are hereby adopted and applied to these Title IX
regulations. These procedures may be found at 49 CFR part 21.
[FR Doc. 99-27372 Filed 10-28-99; 8:45 am]
BILLING CODES 7590-01-P, 8025-01-P, 7510-01-P, 3510-BP-P, 8120-08-P,
4710-10-P, 6116-01-P, 4210-28-P, 4410-13-P, 4510-23-P, 4810-25-P, 5000-
04-P, 7515-01-P, 8320-01-P, 6560-50-P, 6820-34-P, 4310-RE-P, 6718-01-P,
7555-01-P, 7537-01-P, 7536-01-P, 7036-01-P, 6050-28-P, 4910-62-P
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