[Federal Register: August 30, 2000 (Volume 65, Number 169)]
[Rules and Regulations]
[Page 52857-52895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au00-15]
[[Page 52857]]
-----------------------------------------------------------------------
Part III
Nondiscrimination on the Basis of Sex in Education Programs or
Activities Receiving Federal Financial Assistance; Final Common 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 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
Corporation for National and Community Service
Department of Transportation
[[Page 52858]]
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
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 or
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; Corporation
for National and Community Service; Department of Transportation.
ACTION: Final common rule.
-----------------------------------------------------------------------
SUMMARY: This final 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 recipients of Federal
financial assistance from discriminating on the basis of sex in
education programs or activities. The promulgation of these Title IX
regulations will provide guidance to recipients of Federal financial
assistance who administer education programs or activities. The
provisions of this common rule will also promote consistent and
adequate enforcement of Title IX by the agencies identified above.
EFFECTIVE DATE: September 29, 2000.
FOR FURTHER INFORMATION CONTACT: Merrily A. Friedlander, Chief,
Coordination and Review Section, Civil Rights Division, U.S. Department
of Justice, P.O. Box 65960, Washington, D.C. 20035-6560. Telephone:
(202) 307-2222 (voice), (202) 307-2687 (TTY). Facsimile: (202) 307-
0595.
Copies of this common rule are available, upon request, in large
print and electronic file on computer disk. Other formats will be
considered upon request.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this 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 or
activities operated by recipients of Federal financial assistance from
the participating agencies. These Title IX regulations are presented as
a common rule because the standards established for the enforcement of
Title IX are the same for all of the participating agencies. The
procedures for how an agency will enforce Title IX, including the
conduct of investigations and compliance reviews, also follow the same
structure. All of the participating agencies except the Department of
the Treasury (``Treasury'') and the National Archives and Records
Administration (``NARA'') reference their respective procedures under
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d,
et seq.), because 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 is codified in that agency's portion of the Code of
Federal Regulations as indicated in this final common rule.
II. Rulemaking History
On October 29, 1999, the participating agencies published a Notice
of Proposed Rulemaking to implement Title IX. See 64 FR 58567
(1999).\1\ The 60-day notice and comment period during which comments
were submitted to the Department of Justice (DOJ) ended on December 28,
1999. DOJ received a total of 22 comments, five of which were submitted
by other Federal agencies. DOJ and the participating agencies have
carefully reviewed these comments and made various revisions to the
common rule as discussed below.\2\
---------------------------------------------------------------------------
\1\ In 1979 and 1980, two of the participating agencies
published notices of proposed rulemaking for Title IX, but the
proposed rules were never issued as final rules. On April 25, 1979,
the Veterans' Administration published a 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 the October 29,1999 Notice of
Proposed Rulemaking, these agencies initiated new rulemaking
proceedings.
\2\ Three agencies that participated in the Notice of Proposed
Rulemaking, the National Endowment for the Arts (NEA), the National
Endowment for the Humanities (NEH), and the Institute of Museum and
Library Services (IMLS) have decided to promulgate separate Title IX
regulations rather than participate in the final common rule. These
agencies are working to develop Title IX regulations that will
closely parallel the common rule but may include minimal changes to
reflect their specific agency missions. These agencies are currently
in the process of drafting such regulations and will continue to
enforce Title IX as the regulations are being developed.
---------------------------------------------------------------------------
[[Page 52859]]
III. Overview of the Common Rule
As set forth in this common 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 these Title IX
regulations 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. ED's 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 ED's regulations
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). 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 codify 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 ED's
regulations as the model for other agencies promotes that consistency.
As discussed in the Notice of Proposed Rulemaking, however, these
Title IX regulations are not identical to ED's regulations. See 64 FR
58569-58572. For example, the common rule includes modifications to be
consistent with Supreme Court precedent and statutory changes that are
not yet reflected in the Department of Education's regulations. In
addition, as discussed below, the participating agencies have made a
few additional revisions to the common rule in response to public
comments.
Summary of Regulations
Title IX prohibits recipients of Federal financial assistance from
discriminating on the basis of sex in educational programs or
activities. 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 or 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). \3\ Of course, Title IX
prohibits discrimination on the basis of sex in the operation of, and
the provision or denial of benefits by, education programs conducted by
noneducational institutions, including, but not limited to, prisons,
museums, job training institutes, and for profit and nonprofit
organizations.
---------------------------------------------------------------------------
\3\ See Office for Civil Rights, Dep't of Educ., Sexual
Harassment Guidance: Harassment of Students by School Employees,
Other Students, or Third Parties, www.ed.gov/offices/OCR/
ocrprod.html.
---------------------------------------------------------------------------
Thus, for example, these 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 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. Vocational training for inmates in prisons
receiving assistance from the Department of Justice is also covered by
these Title IX regulations. In short, these Title IX regulations apply
to the educational programs or activities of any entity receiving
financial assistance from the participating agencies.
Summary of Subparts
Subpart A sets forth definitions as well as provisions concerning
remedial action and affirmative action, required
[[Page 52860]]
assurances, adoption of grievance procedures, and notification of
nondiscrimination policies. The effect of state and other laws and
other requirements is also explained. Subpart B addresses the scope or
coverage of Title IX, and Subpart C addresses nondiscrimination on the
basis of sex in admission and recruitment practices with respect to
students.
Subpart D addresses nondiscrimination on the basis of sex in
education programs or 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.
Subpart E covers the prohibitions of discrimination on the basis of
sex in employment in educational programs or 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. This subpart also includes
a provision to exempt from Title IX coverage employment actions where
sex is a bona fide occupational qualification.
Finally, Subpart F addresses the agencies' respective procedures
for implementation and enforcement of Title IX. By October 30, 2000,
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.
Enforcement Procedures
For those agencies that have regulations to enforce Title VI, such
procedures are 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 already promulgated
regulations under those statutes that similarly prohibit discrimination
on the basis of sex in programs that receive Federal financial
assistance. Such existing regulations remain in effect.
IV. Analysis of Comments and Revisions
The great majority of comments received expressed strong support
for these regulations, and many noted that they represent a long
overdue effort to provide an effective enforcement mechanism for Title
IX. Many of these comments also urged prompt and final adoption of the
common rule, emphasizing that the substance of the regulations should
not be open to extensive debate or modification because it is almost
identical to the Department of Education's longstanding Title IX
regulations that were the subject of an extensive public comment
process and congressional oversight and approval.
The participating agencies recognize the importance of ensuring
that the recipient community has the benefit of continued reliance on
past interpretations of Title IX and its regulations. Thus, the
participating agencies have attempted to follow the recommendation of
these commenters by endeavoring to minimize the extent to which these
Title IX regulations differ from the Department of Education's Title IX
rule.
The participating agencies have, however, carefully considered all
of the comments submitted regarding these Title IX regulations.
Responses to these comments, including specific clarifications and
revisions, are set forth below.
Other Federal Agencies With Title IX Regulations
The participating agencies received one comment noting that the
Supplementary Information Section of the proposed common rule cited
only the Department of Education as previously having published a
regulation to implement Title IX. This may have inadvertently given the
impression that no other Federal agencies have adopted Title IX
regulations.
The participating agencies therefore wish to clarify that, in fact,
three other Federal agencies have previously published Title IX rules.
The Department of Agriculture published 7 CFR part 15a on April 11,
1979; the Department of Health and Human Services (HHS) published 45
CFR part 86 on June 4, 1975; \4\; and the Department of Energy
published 10 CFR part 1040 on June 13, 1980.
---------------------------------------------------------------------------
\4\ HHS' Title IX regulations were originally published by HEW
but, pursuant to HEW's redesignation as HHS, all regulations in
effect on May 4, 1980 that refer to HEW were deemed to refer and
apply to HHS. See 20 U.S.C. 3508.
---------------------------------------------------------------------------
Comments Regarding the Danforth Amendment
Aside from comments expressing general support for the regulations,
the issue most frequently commented upon pertained to section
__.235(d), which incorporates the Civil Rights Restoration Act's
``abortion neutrality'' provision, commonly known as the Danforth
Amendment. More specifically, these comments concerned section
__.235(d)(1), which provides that: ``Nothing in these Title IX
regulations shall be construed to require or prohibit any person, or
public or private entity, to provide or pay for any benefit or service,
including the use of facilities, related to an abortion. Medical
procedures, benefits, services, and the use of facilities necessary to
save the life of a pregnant woman or to address complications related
to an abortion are not subject to this section.''
One comment argued that the exceptions set forth by this provision
were too broad and should not include an exception to save the life of
a pregnant woman. Eight comments, however, expressed concern that the
exceptions delineated in section __.235(d)(1) were too narrow and
should be expanded to include an additional exception for those cases
in which pregnancy is the result of rape or incest.
After carefully reviewing these comments, the text of the
amendment, and the relevant legislative history, the participating
agencies have concluded that the exceptions set forth in the proposed
common rule are neither too broad nor too narrow and are consistent
with Congressional intent in adopting the Danforth Amendment. Thus,
this provision has not been changed in the final common rule.
Comments Pertaining to the Presentation of Artistic Content
The participating agencies received a number of comments requesting
clarification regarding the potential application of the common rule to
the presentation of artistic content. In response to these comments,
the participating agencies wish to confirm that this common rule does
not cover,
[[Page 52861]]
and is not intended to infringe upon, the presentation of artistic
content protected by the First Amendment's guarantee of freedom of
expression.
Indeed, normal rules of statutory construction require Federal
agencies, wherever possible, to interpret statutory language in such a
way as to avoid potential conflicts with the Constitution. The
participating agencies fully intend to enforce the common rule in a
manner consistent with this principle.
Comments Regarding Coverage
The participating agencies also received several comments related
to coverage of the common rule. A few of these comments expressed
concern that the common rule expands the scope of Title IX. This
concern, however, is unfounded. The educational programs or activities
operated by recipients of Federal funding have been covered by Title IX
since its enactment in 1972. The common rule is merely an implementing
regulation and does not expand the scope of coverage mandated by Title
IX.
In addressing this concern, it is of course important to note that
Title IX was amended by the Civil Rights Restoration Act of 1987, which
defined the terms ``program'' and ``program or activity.'' Thus, the
scope of coverage set forth by the common rule is based upon the
mandate of Title IX as amended by the CRRA. The common rule
incorporates the statutory definitions of ``program'' and ``program or
activity'' but does not expand the scope of covered programs in any
way.
One comment specifically questioned whether youth training programs
conducted by the National Guard Bureau in conjunction with State
Adjutant Generals would be covered by this rule. If such education or
training programs are operated by recipients of Federal funding, they
are covered by Title IX (and have been since 1972), and will be covered
by these Title IX regulations.
A few comments also noted the need for additional guidance and
clarification regarding what constitutes a covered education program or
activity. In response to this concern, the participating agencies note
that, pursuant to section __.600, each Federal agency will be
publishing a list of covered programs in the Federal Register by
October 30, 2000. The participating agencies will also periodically
republish such lists to reflect changes in covered programs.
Individuals with questions about whether specific programs are covered
may also raise them with the Federal funding agency or with the
Department of Justice.
Comment Regarding the Definition of an ``Educational Institution''
One comment expressed concern that the definition of an
``educational institution'' covered by Title IX and set forth in the
proposed common rule was too limited as it would not encompass certain
entities outside the traditional school setting such as an orchestra.
In response to this concern, the participating agencies note that this
definition is the same as the definition of an ``educational
institution'' set forth in the Department of Education's regulations
and has not been modified in the final common rule. However, it is
important to note that the key to coverage under Title IX and these
Title IX regulations is an education program or activity operated by a
recipient of Federal funding; while educational institutions are
certainly one type of covered education program, clearly there are many
others as well.
Comment Regarding the Definition of ``Recipient''
One comment argued that the definition of ``recipient'' set forth
in the common rule is inconsistent with the Supreme Court's decision in
NCAA v. Smith, 525 U.S. 459 (1999). Noting that the definition of a
recipient includes any person or entity ``to whom Federal financial
assistance is extended directly or through another recipient,'' this
comment asserted that inclusion of the phrase ``or through another
recipient'' would permit the government to argue that money received
from a recipient by a third party makes that third party a recipient as
well.
The concerns expressed in this comment are unfounded. Inclusion of
the phrase ``or through another recipient'' merely ensures that sub-
recipients (entities that receive Federal financial assistance through
sub-grants from primary recipients) are covered by these Title IX
regulations. Coverage of sub-recipients is in no way inconsistent with
the NCAA decision or with the principle that indirect beneficiaries are
not covered by Title IX. The definition of recipient set forth in the
common rule in no way expands the scope of coverage of Title IX or
these Title IX regulations and has, therefore, not been modified in the
final common rule.
Comments Regarding Single-sex Programs
Several comments inquired about the viability of single-sex
programs such as an educational science program targeted at young women
and designed to encourage their interest in a profession in which they
are underrepresented. Such courses may, under appropriate
circumstances, be permissible as part of a remedial or affirmative
action program as provided for by section __.110 of these Title IX
regulations.
In addition, other single-sex programs may be permissible under the
common rule. For example, these Title IX regulations do not apply to
the membership practices of many voluntary youth service organizations
or 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 the Camp Fire Girls. See Section __.215.
Other examples of single-sex programs that are exempt from coverage
under these Title IX regulations are programs or activities undertaken
by the American Legion in connection with the organization or operation
of a Boys State conference, a Boys Nation conference, a Girls State
conference, or a Girls Nation conference. See Section __.235(b).
It also should be noted that the U.S. Department of Education, in
consultation with the Department of Justice, is reviewing provisions in
ED's current Title IX regulations regarding single-sex programs to
determine whether Title IX can and should be interpreted to permit
certain sex-segregated educational programs or activities that are not
based upon sex stereotyping, provided, of course, that equal
educational opportunities and benefits are afforded to students of both
sexes. Any proposed rule changes will be published in a proposed form
for public comment, and conforming changes will be made in the
regulations covered by this notice.
One comment also expressed concern that the regulations might
preclude orchestras from establishing single-sex choirs necessary for
the authentic presentation of certain artistic works. In response to
this concern, the participating agencies note that these Title IX
regulations specifically provide, consistent with the Department of
Education's longstanding regulations, that recipients may make
requirements based on vocal range or quality that may result in a
chorus or choruses of one or predominantly one sex. See Section
__.415(b)(6).
Finally, individuals or entities with more specific questions
regarding the viability of a particular program may of course seek
further guidance from the Federal funding agency or the Department of
Justice.
[[Page 52862]]
Application of the Common Rule Outside Educational Institutions
Some comments raised concerns regarding the application of this
common rule to educational programs or activities conducted outside
traditional educational institutions. They noted that because this
common rule is an extension of the Department of Education's Title IX
regulations, which were designed to apply to schools, portions of the
common rule may not always be a ``perfect fit'' for educational
programs or activities operated by other entities. These comments
therefore requested that agencies be given flexibility in applying
these Title IX regulations to the wide variety of unique education
programs or activities operated by recipients of Federal financial
assistance.
In response to these comments, it should be noted that individual
funding agencies may consider developing agency-specific guidance to
address particular areas of concern. In addition, to further address
these comments, the participating agencies have modified two provisions
of the common rule to reflect its application to educational programs
or activities outside traditional educational institutions. These
modifications extend the exceptions in sections __.235(b)(3) and
__.415(b)(5) to include education programs or activities other than
those in a traditional educational institution. Thus, section
__.235(b)(3) now provides that these Title IX regulations do not
preclude:
Father-son or mother-daughter activities at an educational
institution or in an education program or activity, but if such
activities are provided for students of one sex, opportunities for
reasonably comparable activities shall be provided to students of the
other sex;
and section __.415(b)(5) now reads:
portions of classes in elementary and secondary schools or portions
of education programs or activities that deal exclusively with human
sexuality may be conducted in separate sessions for boys and girls.
Comments Regarding Collegiate Athletics
Two comments raised concerns about the potential application of the
common rule to collegiate athletic programs. These comments criticized
the standards used to enforce Title IX in the collegiate athletic
context and expressed concern that the participating agencies failed to
fully take into account the likely costs of the common rule with regard
to collegiate athletic programs and athletic scholarships. In response
to these concerns, the participating agencies wish to clarify that
virtually all collegiate athletic programs are already covered by the
Department of Education's Title IX regulations, and have been since
1975, and will not be affected by this common rule.
Comments Regarding Quotas
A few comments expressed concerns about the possibility that the
common rule might result in the application of gender-based quotas to
academic programs. Such concerns are unfounded as the common rule
neither permits nor imposes quotas.
These Title IX regulations do not permit or require the use of
academic quotas. The Department of Education has had Title IX
regulations for 25 years without once imposing a quota, and nothing in
these Title IX regulations permits or requires the participating
agencies to impose quotas.
The concerns about academic quotas expressed in these comments
appear to stem from a number of misconceptions about the Department of
Education's enforcement of Title IX in athletics, and the applicability
of these enforcement standards to academic programs.
First, the Department of Education's Office for Civil Rights
(``OCR'') does not use quotas to enforce Title IX in athletics. In
fact, the First Circuit has expressly rejected the notion that OCR uses
an impermissible quota system when evaluating whether institutions are
providing athletic opportunities to male and female students on a
nondiscriminatory basis. See Cohen v. Brown, 101 F.3d 155, 170-71, 175-
76 (1st Cir. 1996), cert. denied, 520 U.S. 1186 (1997).
Second, fears about academic quotas are unfounded because such
fears are based on the further erroneous assumption that the same
standards are used to evaluate athletic and academic programs.
Athletics differ from academics in that institutions are permitted to
provide many athletic opportunities on a sex-segregated basis. In other
words, many athletic programs are sex-segregated by design, whereas
Title IX requires that most academic programs be offered to all
students regardless of sex. Thus, since most academic classes are not
segregated by sex, different standards are used for assessing
compliance with Title IX in academic programs.
In short, since OCR does not use a quota system when assessing
whether male and female students have equal opportunities to
participate in athletics, and since academic programs are not evaluated
by the same standards as single-sex athletic programs, there is no
validity to claims that the common rule will result in quotas for
academic programs.
Indeed, in the 28 years since its passage, Title IX has
significantly advanced the goal of creating equal educational
opportunities for both sexes. Title IX has never permitted or required
quotas in classrooms, and nothing in the common rule will permit or
require quotas in classrooms. These Title IX regulations are not
designed to regulate the number of men and women in particular courses,
and the common rule will not lead to decreased educational
opportunities for either sex. Rather, the common rule is simply
designed to ensure that the participating agencies have an effective
means of enforcing the equal opportunity mandates of Title IX.
Comments Regarding Affirmative Action and Disparate Impact
One of the comments raised a few additional concerns about quotas.
One of these concerns dealt with the affirmative action provisions of
the common rule. This comment criticized the inclusion of the phrase
``consistent with law'' in section __.110(b), arguing that this fails
to codify governing judicial decisions and encourages agencies to defer
to interpretations of law advanced by political bureaucrats. The
inclusion of this phrase, however, simply reflects the evolving nature
of judicial decisions with respect to this issue and is merely designed
to ensure that enforcement of these regulations is consistent with
current judicial decisions. This entire common rule must, of course,
always be interpreted consistent with governing law.
A second concern raised by this comment concerned the standard for
disparate impact set forth in the regulations and the possibility that
recipients might adopt quotas in order to avoid complaints. More
specifically, this comment claimed that the disparate impact provisions
in the common rule are contrary to existing Federal law regarding
disparate impact under Title VII. This claim, however, is without merit
as the disparate impact provisions of the common rule are consistent
with Title VII and governing Supreme Court case law, as applied and
interpreted by the Equal Employment Opportunity Commission.
Comments Questioning the Need for This Common Rule
A few comments questioned the need for these Title IX regulations
and urged that they be withdrawn. More specifically, one comment noted
a lack of evidence of discrimination in
[[Page 52863]]
education and questioned whether the common rule would provide any
benefit for Americans. Similarly, two comments expressed concern that
the rule regulates in areas already covered by other statutes and
regulations and, thus, would create confusion in enforcement. One
comment also raised concerns about the possibility that the rule might
have unintended consequences for the construction industry.
In response to these concerns, it is important to reiterate that
the participating agencies are promulgating these regulations in order
to comply with a congressional mandate. As originally enacted in 1972,
Title IX directed all Federal agencies providing financial assistance
to recipients that operate education programs or activities to adopt
regulations to achieve the statute's objectives. See 20 U.S.C. 1682.
These Title IX regulations are thus nothing more than a long overdue
effort to provide a regulatory enforcement mechanism for those Federal
agencies that failed to adopt their own Title IX regulations when the
statute was originally enacted.
In short, the adoption of these Title IX regulations is mandated by
law. As such, the participating agencies are required to promulgate
these regulations regardless of whether there may be any overlap with
other statutes or regulations.
Comments Regarding Assurances
Several comments expressed concern that the requirement that
assurances be provided with each and every application for Federal
financial assistance would hinder efforts to streamline the Federal
grants process. The participating agencies appreciate the importance of
simplifying the grants process and of ensuring that agencies are able
to obtain assurances as efficiently as possible. As such, the
participating agencies have modified section __.115 of the final common
rule to provide agencies with greater flexibility in dealing with this
issue.
Specifically, the participating agencies have eliminated the
requirement that every application for Federal financial assistance
contain or be accompanied by an assurance. Instead, the final common
rule requires only that all applications for Federal financial
assistance, or awards of Federal financial assistance, ``contain, be
accompanied by, or be covered by'' an assurance. What is important is
that the grant recipient understand its responsibilities under Title
IX. However, by giving agencies the flexibility to obtain assurances at
either the application or the award stage of the process, and by
eliminating the need for grant-by-grant certifications, the final
common rule establishes a less burdensome process for dealing with
assurances. Thus, the first sentence of section __.115(a) has been
amended to read as follows:
Either at the application stage or the award stage, Federal
agencies must ensure that applications for Federal financial
assistance or awards of Federal financial assistance contain, be
accompanied by, or be covered by a specifically identified assurance
from the applicant or recipient, satisfactory to the designated
agency official, that each education program or activity operated by
the applicant or recipient and to which these Title IX regulations
apply will be operated in compliance with these Title IX
regulations.
In attempting to further ensure the existence of sufficient
flexibility in dealing with assurances, the participating agencies have
also modified section __.115(c)(1) regarding the content and form of
these assurances. The proposed common rule appeared to contain a
requirement that agencies use exact language in their assurances. In
response to a comment requesting permission to use equivalent language,
the participating agencies have modified this provision so that it now
reads as follows:
The assurances required * * * shall include that the applicant
or recipient will comply with all applicable Federal statutes
relating to nondiscrimination. These include but are not limited to:
*** Title IX of the Education Amendments of 1972, as amended (20
U.S.C. 1681-1683, 1685-1688).
Comments Regarding Financial and Administrative Burdens
A few comments also raised concerns about the potential financial
and administrative burdens associated with these Title IX regulations.
More specifically, one comment expressed concern about the broad powers
of designated agency officials and noted that recipients might be
burdened by having to respond to 25 differing agency interpretations of
the common rule.
In response to this comment, the participating agencies wish to
clarify a few points. First, this comment makes the unlikely
assumptions that a recipient is funded by all of the participating
agencies and that these agencies have significantly different
interpretations of these regulations. Second, even in those cases in
which a recipient is funded by more than one Federal agency, there are
unlikely to be duplicative enforcement efforts.
Indeed, the participating agencies are working to develop a
Delegation Agreement to share enforcement responsibilities and
information. This Delegation Agreement will ensure that Title IX is
enforced in the most efficient and effective manner, while at the same
time avoiding duplicative inquiries by the Federal government and any
undue burden on recipients due to multiple inquiries.
Several comments also questioned whether the common rule properly
complied with all regulatory and statutory requirements. More
specifically, one comment raised concerns about the Paperwork Reduction
Act provisions of these Title IX regulations.
In response to this comment, the participating agencies note that
OMB has indeed reviewed this common rule and approved the Paperwork
Reduction Act provisions. In addition, as discussed above, the
participating agencies have modified the provisions regarding
assurances, thus further reducing the information collection
requirements associated with these regulations.
It is also worth noting that many of the concerns raised regarding
the Paperwork Reduction Act estimates were based on the mistaken
assumption that all entities covered by the common rule are subject to
the self-evaluation requirements.\5\ As explained in the preamble to
the proposed rule, however, the participating agencies estimate that
fewer than 10 entities are likely to be affected by these requirements.
---------------------------------------------------------------------------
\5\ The provisions regarding self-evaluation require that
recipient educational institutions evaluate their current services,
policies, and practices and make any modifications necessary to
ensure compliance with Title IX.
---------------------------------------------------------------------------
The self-evaluation provisions were included in the common rule to
allow for the possible but rare instance where this requirement might
continue to be relevant for certain recipients. It is important to note
that this requirement applies only to recipient educational
institutions, and virtually all such recipients are already covered by
the Department of Education's regulations and have previously complied
with these provisions. Moreover, as explained in the preamble to the
proposed rule, if a recipient educational institution 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, unless the previously conducted self-evaluation is found to be
incomplete or not in compliance with the regulations. Thus, concerns
regarding the paperwork burdens associated with this provision are
unfounded.
Other comments questioned whether the requirements of the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the
[[Page 52864]]
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
609, and the Congressional Review Act, 5 U.S.C. 801-808, had been met.
As discussed in the Supplementary Information Section of the
proposed rule, many of the requirements set forth in these statutes do
not apply to these regulations since this common rule is not a ``major
rule.'' In setting forth the factual basis for this determination, the
participating agencies explained that this common rule is not a ``major
rule'' in large part because these regulations do not impose any new
substantive obligations on Federal funding recipients. More
specifically, the participating agencies explained that:
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 individuals receive
notice of 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 that 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 requires a covered recipient to designate an
employee to coordinate Title IX compliance efforts. In many cases, if
not most, that person would be the same person currently responsible
for handling complaints under the other antidiscrimination laws. 64 FR
58573. As such, the participating agencies have certified that this
common rule is not a ``major rule.'' These statutes therefore require
no further action by the participating agencies.
Nevertheless, upon careful consideration of these comments, the
participating agencies have decided to delete one of the notice
provisions in the common rule. Specifically, the participating agencies
have modified section __.140 of the common rule to delete the
requirement that notice be published in local newspapers. This
modification should further reduce any potential financial and
administrative costs associated with these regulations.
Minor Editorial Changes
Finally, in addition to the modifications discussed above, the
participating agencies have made a few minor editorial changes to the
common rule. Most of these changes are simply designed to ensure that
the terms ``program'' and ``program or activity'' are not used in any
manner other than that contemplated by the CRRA.
As discussed above, the participating agencies carefully considered
all comments submitted in response to the Notice of Proposed
Rulemaking, the majority of which expressed strong support for these
Title IX regulations. Although the participating agencies have made
several modifications in response to concerns raised during the notice
and comment period, they have endeavored to minimize changes to the
substantive nondiscrimination provisions of the rule to promote
consistency with the Department of Education's Title IX regulations. In
doing so, the participating agencies hope to ensure that recipients and
beneficiaries will have the benefit of continued reliance on past
interpretations of Title IX and Title IX regulations, since the
Department of Education's regulations have been the subject of
extensive public comment, congressional review, and judicial scrutiny.
V. Applicable Executive Orders and Regulatory Certifications
Executive Order 12067
These Title IX regulations have been reviewed by the Equal
Employment Opportunity Commission pursuant to Executive Order 12067.
Executive Order 12866
These Title IX regulations have 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 the Office of Management and Budget.
Small Business Regulatory Enforcement Fairness Act of 1996
The participating agencies have determined that these Title IX
regulations are 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-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.
Unfunded Mandates Reform Act of 1995
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 they will not significantly
or uniquely affect small governments.
The Regulatory Flexibility Act
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 them 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
[[Page 52865]]
already are subject to the Title IX regulations of other agencies.
As discussed above, 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
In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C.
3507(d), OMB has reviewed and approved the information collection
requirements associated with this common rule. OMB control number 1190-
0016.
Executive Order 13132
These Title IX regulations will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. These Title IX regulations do not
subject recipients of Federal funding to any new substantive
obligations because all recipients of Federal funding that operate
education programs or activities have been bound by Title IX's
antidiscrimination provision since 1972. Moreover, these Title IX
regulations are required by statute; Congress specifically directed
Federal agencies to adopt implementing regulations when Title IX was
enacted. Therefore, in accordance with section 6 of Executive Order
13132, the participating agencies have determined that this rule does
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement. No further action is
required.
Text of the Common Rule
The text of this common rule appears below:
[PART/Subpart]__--NONDISCRIMINATION ON THE BASIS OF SEX IN
EDUCATION PROGRAMS OR 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 or
Activities Prohibited
__.400 Education programs or 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 or 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
Sec. __.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 sponsored by an educational institution as
defined in these Title IX regulations. The effective date of these
Title IX regulations shall be September 29, 2000.
Sec. __.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
[[Page 52866]]
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 Public Law 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.
Sec. __.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.
[[Page 52867]]
(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.
Sec. __.115 Assurance required.
(a) General. Either at the application stage or the award stage,
Federal agencies must ensure that applications for Federal financial
assistance or awards of Federal financial assistance contain, be
accompanied by, or be covered by a specifically identified assurance
from the applicant or recipient, satisfactory to the designated agency
official, that each education program or activity operated by the
applicant or recipient and to which these Title IX regulations apply
will be operated in compliance with these Title IX regulations. An
assurance of compliance with these Title IX regulations shall not be
satisfactory to the designated agency official if the applicant or
recipient to whom such assurance applies fails to commit itself to take
whatever remedial action is necessary in accordance with 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 applicable Federal statutes relating to
nondiscrimination. These include but are not limited to: Title IX of
the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683,
1685-1688).
(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.
Sec. __.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).
Sec. __.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.
Sec. __.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.
Sec. __.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 student and employee complaints alleging any action that
would be prohibited by these Title IX regulations.
Sec. __.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,
[[Page 52868]]
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 or 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 September 29, 2000
or of the date these Title IX regulations first apply to such
recipient, whichever comes later, which notification shall include
publication in:
(i) Newspapers and magazines operated by such recipient or by
student, alumnae, or alumni groups for or in connection with such
recipient; and
(ii) 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
Sec. __.200 Application.
Except as provided in Secs. __.205 through __.235(a), these Title
IX regulations apply to every recipient and to each education program
or activity operated by such recipient that receives Federal financial
assistance.
Sec. __.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.
Sec. __.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.
Sec. __.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.
Sec. __.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.
Sec. __.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.
[[Page 52869]]
Sec. __.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.
Sec. __.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 or in an education program or activity, but if such
activities are provided for students of one sex, opportunities for
reasonably comparable activities shall be provided to students of the
other sex;
(4) Any scholarship or other financial assistance awarded by an
institution of higher education to an individual because such
individual has received such award in a single-sex pageant based upon a
combination of factors related to the individual's personal appearance,
poise, and talent. The pageant, however, must comply with other
nondiscrimination provisions of Federal law.
(c) Program or activity or program means:
(1) All of the operations of any entity described in paragraphs
(c)(1)(i) through (iv) of this section, any part of which is extended
Federal financial assistance:
(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 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
[[Page 52870]]
benefit or service related to a legal abortion.
Subpart C--Discrimination on the Basis of Sex in Admission and
Recruitment Prohibited
Sec. __.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 Secs. __.310 apply, except as
provided in Secs. __.225 and Secs. __.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.
Sec. __.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.
Sec. __.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
or Activities Prohibited
Sec. __.400 Education programs or 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 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) Aids, benefits or services not provided 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
[[Page 52871]]
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.
Sec. __.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.
Sec. __.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.
Sec. __.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 September 29, 2000. 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 September 29,
2000.
(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, or
portions of education programs or activities, 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.
Sec. __.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.
Sec. __.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 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.
Sec. __.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
[[Page 52872]]
(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.
Sec. __.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.
Sec. __.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.
Sec. __.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 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 separate
portion 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.
Sec. __.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
[[Page 52873]]
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
September 29, 2000. 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 September 29, 2000.
Sec. __.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 or Activities Prohibited
Sec. __.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.
Sec. __.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.
Sec. __.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 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.
Sec. __.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.
Sec. __.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
[[Page 52874]]
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.
Sec. __.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.
Sec. __.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.
Sec. __.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.
Sec. __.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.
Sec. __.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.
Sec. __.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.
Subpart F--Procedures
Sec. __.600 Notice of covered programs.
Within 60 days of September 29, 2000, 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.
Final Adoption of the Common Rule
The final 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, DC 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
[[Page 52875]]
discrimination, State agreement program, Student aid, Women.
William D. Travers,
Executive Director for Operations, Nuclear Regulatory Commission.
For the reasons stated in the preamble, the Nuclear Regulatory
Commission amends 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
OR 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 or
Activities Prohibited
5.400 Education programs or 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 or 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: 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, Colleges and
universities, Educational facilities, Equal employment opportunity,
Grant programs--education, Loan programs--education, Reporting and
recordkeeping requirements, Sex discrimination, Women.
Aida Alvarez,
Administrator, Small Business Administration.
For the reasons stated in the preamble, the Small Business
Administration amends 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.
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
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 or 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.
[[Page 52876]]
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 or Activities
Prohibited
113.400 Education programs or 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
or 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
or Activities Receiving Federal Financial Assistance
Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.
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, DC
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.
Dated: June 1, 2000.
Daniel S. Goldin,
Administrator, National Aeronautics and Space Administration.
For the reasons stated in the preamble, the National Aeronautics
and Space Administration amends 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 OR 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.
Subpart D--Discrimination on the Basis of Sex in Education Programs or
Activities Prohibited
1253.400 Education programs or 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 or 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
[[Page 52877]]
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: Lawrence N. Self, Acting Director,
Office of Civil Rights, Department of Commerce, Room 6010, Washington,
DC 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.
Lawrence N. Self,
Acting Director, Office of Civil Rights, Department of Commerce.
For the reasons stated in the preamble, the Department of Commerce
amends 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 OR 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 or
Activities Prohibited
8a.400 Education programs or 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 or 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
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, Tennessee Valley
Authority.
For the reasons stated in the preamble, the Tennessee Valley
Authority amends 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 OR 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.
[[Page 52878]]
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 or
Activities Prohibited
1317.400 Education programs or 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 or 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.
David G. Carpenter,
Acting Under Secretary of State for Management.
For the reasons stated in the preamble, the Department of State
amends 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 OR 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.
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 or
Activities Prohibited
146.400 Education programs or 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 or 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:
[[Page 52879]]
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, Agency for
International Development.
For the reasons stated in the preamble, the Agency for
International Development amends 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 OR 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 or
Activities Prohibited
229.400 Education programs or 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 or 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.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 3
[Agency Docket No. FR-4301-F-02]
RIN 2501-AC42
FOR FURTHER INFORMATION CONTACT: David H. Enzel, Deputy Assistant
Secretary for Enforcement and Programs, Office of Fair Housing and
Equal Opportunity, Department of Housing and Urban Development, 451
Seventh Street, Washington, D.C. 20410-0500, (202) 708-0836. (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 amends 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
OR 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.
[[Page 52880]]
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 or
Activities Prohibited
3.400 Education programs or 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 or 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. 2320-2000]
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: August 10, 2000.
Janet Reno,
Attorney General.
For the reasons stated in the preamble, the Department of Justice
amends 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 OR 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.
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 or
Activities Prohibited
54.400 Education programs or 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 or 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
[[Page 52881]]
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.
Alexis M. Herman,
Secretary of Labor.
For the reasons stated in the preamble, the Department of Labor
amends 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 OR 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 or
Activities Prohibited
36.400 Education programs or 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 or 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 [Reserved]
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. Section 36.605 is added and Sec. 36.610 is added and reserved 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.
Sec. 36.610 [Reserved]
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 6069
Metropolitan Square, Washington, D.C. 20220, (202) 622-1170.
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.
Lisa G. Ross,
Acting Assistant Secretary for Management and Chief Financial Officer,
Department of the Treasury.
For the reasons stated in the preamble, the Department of the
Treasury amends 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 OR 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.
[[Page 52882]]
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 or
Activities Prohibited
28.400 Education programs or 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 or 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 requirements.
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.
Sec. 28.105 [Amended]
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 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
[[Page 52883]]
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 September 29, 2000.
(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 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
[[Page 52884]]
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. The
Secretary also may 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 (e), 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 (e) 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 that 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 that meets the applicable requirements and provides
reasonable assurance that
[[Page 52885]]
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.
Dated: July 10, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
For the reasons stated in the preamble, the Department of Defense
amends 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 OR 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.
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 or
Activities Prohibited
196.400 Education programs or 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 or 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
[[Page 52886]]
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 Planning
Staff (NPLN), 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.
John W. Carlin,
Archivist of the United States.
For the reasons stated in the preamble, the National Archives and
Records Administration amends 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 OR 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 or
Activities Prohibited
1211.400 Education programs or 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 or 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:
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,
[[Page 52887]]
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 September 29, 2000.
(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 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
[[Page 52888]]
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 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
(e), 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 (e) shall not be deemed a failure
to exhaust administrative remedies for the purpose of obtaining
judicial review.
[[Page 52889]]
(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 that 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 that 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 recordkeeping requirements, Sex
discrimination, Student aid, Women.
Approved: August 3, 2000.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 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 OR 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 or
Activities Prohibited
23.400 Education programs or 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.
[[Page 52890]]
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 or 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 Resolution Management'' 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, 1200 Pennsylvania Ave, N.W. (1201A),
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: July 11, 2000.
Carol M. Browner,
Administrator, Environmental Protection Agency.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 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
OR 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 or
Activities Prohibited
5.400 Education programs or 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 or 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
Administrative practice and procedure, Civil rights, Colleges and
universities, Education, Educational facilities, Elementary and
secondary
[[Page 52891]]
education, Government property management, Reporting and recordkeeping
requirements, Sex discrimination, Women.
Thurman M. Davis, Sr.,
Deputy Administrator, General Services Administration.
For the reasons stated in the preamble, the General Services
Administration amends 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 OR 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 or
Activities Prohibited
101-4.400 Education programs or 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 or 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 Civil Rights'' 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
Administrative practice and procedure, 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.
Dated: July 3, 2000.
John Berry,
Assistant Secretary--Policy, Management, and Budget, Department of the
Interior.
For the reasons stated in the preamble, the Department of the
Interior amends 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 OR 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 or
Activities Prohibited
41.400 Education programs or activities.
41.405 Housing.
41.410 Comparable facilities.
41.415 Access to course offerings.
[[Page 52892]]
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 or 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, (telefax) (202) 646-4320, or (email)
Pauline.Campbell@fema.gov.
List of Subjects in 44 CFR Part 19
Administrative practice and procedure, Civil rights, Colleges and
universities, 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, Reporting and
recordkeeping requirements, Schools, Secondary education, Sex
discrimination, Student aid, Universities, Women.
Dated: June 30, 2000.
Pauline C. Campbell,
Director, Office of Equal Rights, Federal Emergency Management Agency.
For the reasons stated in the preamble, the Federal Emergency
Management Agency amends 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 OR 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 or
Activities Prohibited
19.400 Education programs or 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.
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 or 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.
[[Page 52893]]
List of Subjects in 45 CFR Part 618
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,
Individuals with disabilities, Reporting and recordkeeping
requirements, Sex discrimination, Women.
Lawrence Rudolph,
General Counsel, National Science Foundation.
For the reasons stated in the preamble, the National Science
Foundation amends 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 OR 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 or
Activities Prohibited
618.400 Education programs or 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 or 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.
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 programs--
education, Investigations, Loan programs--education, Reporting and
recordkeeping requirements, Sex discrimination, Student aid, Women.
Thomasenia P. Duncan,
General Counsel, Corporation for National and Community Service.
For the reasons stated in the preamble, the Corporation for
National and Community Service amends 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 OR 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.
[[Page 52894]]
2555.310 Recruitment.
Subpart D--Discrimination on the Basis of Sex in Education Programs or
Activities Prohibited
2555.400 Education programs or 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 or 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 voice, (202) 366-8538 TTY, email:
marc.brenman@ost.dot.gov; 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
voice, (202) 366-8538 TTY, email: nancy.dunham@ost.dot.gov.
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 E. Slater,
Secretary of Transportation.
For the reasons stated in the preamble, the Department of
Transportation amends 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 OR 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 or
Activities Prohibited
25.400 Education programs or 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.
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 or 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.
25.535 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:
[[Page 52895]]
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. 00-20916 Filed 8-29-00; 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, 4210-32-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, 6050-28-P, 4910-62-P