[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR1211.110]



[Page 801]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

        CHAPTER XII--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

 

PART 1211_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 1211.110  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, 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 12086, 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 September 29, 2000:

    (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.