6 CFR Part 17

Pt. 17

6 CFR Ch. I (1–1–06 Edition)
17.305
17.310

from the complainant, it shall have 30
days from the date it received the additional information to make its determination on the appeal.
(k) The time limits cited in paragraphs (g) and (j) of this section may be
extended for an individual case when
the Officer for Civil Rights and Civil
Liberties determines that there is good
cause, based on the particular circumstances of that case, for the extension.
(l) The Department may delegate its
authority for conducting complaint investigations to other Federal agencies
and may contract with nongovernment
investigators to perform the investigation, but the authority for making the
final determination may not be delegated to another agency.

Subpart D—Discrimination on the Basis of
Sex in Education Programs or Activities
Prohibited
17.400 Education programs or activities.
17.405 Housing.
17.410 Comparable facilities.
17.415 Access to course offerings.
17.420 Access to schools operated by LEAs.
17.425 Counseling and use of appraisal and
counseling materials.
17.430 Financial assistance.
17.435 Employment assistance to students.
17.440 Health and insurance benefits and
services.
17.445 Marital or parental status.
17.450 Athletics.
17.455 Textbooks and curricular material.

Subpart E—Discrimination on the Basis of
Sex in Employment in Education Programs or Activities Prohibited

PART
17—NONDISCRIMINATION
ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

17.500 Employment.
17.505 Employment criteria.
17.510 Recruitment.
17.515 Compensation.
17.520 Job classification and structure.
17.525 Fringe benefits.
17.530 Marital or parental status.
17.535 Effect of state or local law or other
requirements.
17.540 Advertising.
17.545 Pre-employment inquiries.
17.550 Sex as a bona fide occupational qualification.

Subpart A—Introduction
Sec.
17.100 Purpose and effective date.
17.105 Definitions.
17.110 Remedial and affirmative action and
self-evaluation.
17.115 Assurance required.
17.120 Transfers of property.
17.125 Effect of other requirements.
17.130 Effect of employment opportunities.
17.135 Designation of responsible employee
and adoption of grievance procedures.
17.140 Dissemination of policy.

Subpart F—Procedures
17.600 Notice of covered programs.
17.605 Enforcement procedures.
17.635 Forms and instructions; coordination.

Subpart B—Coverage

AUTHORITY: Pub. L. 107–296, 116 Stat. 2135 (6
U.S.C. 1 et seq.); 5 U.S.C. 301; 20 U.S.C. 1681,
1682, 1683, 1685, 1686, 1687, 1688.

17.200 Application.
17.205 Educational institutions and other
entities controlled by religious organizations.
17.210 Military and merchant marine educational institutions.
17.215 Membership practices of certain organizations.
17.220 Admissions.
17.225 Educational institutions eligible to
submit transition plans.
17.230 Transition plans.
17.235 Statutory amendments.

SOURCE: 68 FR 10892, Mar. 6, 2003, unless
otherwise noted.

Subpart A—Introduction
§ 17.100

Purpose and effective date.

(a) 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

Subpart C—Discrimination on the Basis of
Sex in Admission and Recruitment Prohibited
17.300

Preference in admission.
Recruitment.

Admission.

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§ 17.105
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.
(h) 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.

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 March 6, 2003.
(b) The provisions established by this
part shall be effective for all components of the Department, including all
Department components that are
transferred to the Department, except
to the extent that a Department component already has existing Title IX
regulations.
§ 17.105 Definitions.
As used in these Title IX regulations,
the term:
(a) Administratively separate unit
means a school, department, or college
of an educational institution (other
than a local educational agency) admission to which is independent of admission to any other component of
such institution.
(b) 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.
(c) 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.
(d) Department means Department of
Homeland Security.
(e) Designated agency official means
the Officer for Civil Rights and Civil
Liberties, or the designee thereof.
(f) 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.
(g) Federal financial assistance means
any of the following, when authorized
or extended under a law administered

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§ 17.110

6 CFR Ch. I (1–1–06 Edition)

(i) 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.
(j) Institution of undergraduate higher
education means:
(1) An institution offering at least
two but less than four years of collegelevel study beyond the high school
level, leading to a diploma or an associate degree, or wholly or principally
creditable toward a baccalaureate degree;
(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.
(k) 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 semi-skilled 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.
(l) 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.
(m) 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.
(n) Secretary means Secretary of the
Department of Homeland Security.
(o) Student means a person who has
gained admission.

(p) 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).
(q) Title IX regulations means the provisions of this part.
(r) 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.
§ 17.110 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.

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§ 17.125

(c) Self-evaluation. Each recipient
education institution shall, within one
year of March 6, 2003:
(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 nonacademic 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.

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.

§ 17.115 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 § 17.110(a)
to eliminate existing discrimination on
the basis of sex or to eliminate the effects of past discrimination whether

§ 17.120 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 §§ 17.205 through 17.235(a).
§ 17.125 Effect of other requirements.
(a) Effect of other Federal provisions.
The obligations imposed by these Title
IX regulations are independent of, and

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§ 17.130

6 CFR Ch. I (1–1–06 Edition)

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.

sponsibilities 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.
§ 17.140 Dissemination of policy.
(a) Notification of policy. (1) Each recipient shall implement specific and
continuing steps to notify applicants
for admission and employment, students and parents of elementary and
secondary school students, employees,
sources of referral of applicants for admission and employment, and all
unions or professional organizations
holding collective bargaining or professional agreements with the recipient,
that it does not discriminate on the
basis of sex in the educational programs or activities that it operates,
and that it is required by Title IX and
these Title IX regulations not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as
the designated agency official finds
necessary to apprise such persons of
the protections against discrimination
assured them by Title IX and these
Title IX regulations, but shall state at
least that the requirement not to discriminate in education programs or activities extends to employment therein, and to admission thereto unless
§§ 17.300 through 17.310 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 § 17.135,
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

§ 17.130 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.
§ 17.135 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 re-

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§ 17.215

March 6, 2003 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.

tity 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.
§ 17.210 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.
§ 17.215 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 1986 (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.

Subpart B—Coverage
§ 17.200 Application.
Except as provided in §§ 17.205
through 17.235(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.
§ 17.205 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 en-

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§ 17.220
§ 17.220

6 CFR Ch. I (1–1–06 Edition)
Admissions.

§ 17.230 Transition plans.
(a) Submission of plans. An institution
to which § 17.225 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 § 17.225
applies shall result in treatment of applicants to or students of such recipient in violation of §§ 17.300 through
17.310 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

(a) General. 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,
§§ 17.225, 17.230, and 17.300 through
17.310, each administratively separate
unit shall be deemed to be an educational institution.
(c) Application of §§ 17.300 through
17.310. Except as provided in paragraphs (d) and (e) of this section,
§§ 17.300 through 17.310 apply to each recipient. A recipient to which §§ 17.300
through 17.310 apply shall not discriminate on the basis of sex in admission or
recruitment in violation of §§ 17.300
through 17.310.
(d) Educational institutions. Except as
provided in paragraph (e) of this section as to recipients that are educational institutions, §§ 17.300 through
17.310 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.
Sections
17.300
through 17.310 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.
§ 17.225 Educational institutions eligible to submit transition plans.
(a) Application. This section applies
to each educational institution to
which §§ 17.300 through 17.310 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 §§ 17.300
through 17.310.

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§ 17.235

students on the basis of sex, each educational institution to which § 17.225
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.

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 20 U.S.C. 8801), 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

§ 17.235 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) For purposes of these Title IX regulations, program or activity or program means:
(1) All of the operations of any entity
described
in
paragraphs
(c)(1)(i)

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6 CFR Ch. I (1–1–06 Edition)
(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
§§ 17.300 through 17.310 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 § 17.235(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.

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 benefit or service related to a legal abortion.

Subpart C—Discrimination on the
Basis of Sex in Admission and
Recruitment Prohibited
§ 17.300 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 §§ 17.300
through 17.310 apply, except as provided in §§ 17.225 and 17.230.
(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 §§ 17.300 through 17.310
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

§ 17.305

Preference in admission.

A recipient to which §§ 17.300 through
17.310 apply shall not give preference to
applicants for admission, on the basis
of attendance at any educational institution or other school or entity that

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§ 17.400
(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 instate 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; or
(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

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 §§ 17.300 through 17.310.
§ 17.310 Recruitment.
(a) Nondiscriminatory recruitment. A
recipient to which §§ 17.300 through
17.310 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 § 17.110(a), and
may choose to undertake such efforts
as affirmative action pursuant to
§ 17.110(b).
(b) Recruitment at certain institutions.
A recipient to which §§ 17.300 through
17.310 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 §§ 17.300 through
17.310.

Subpart D—Discrimination on the
Basis of Sex in Education Programs or Activities Prohibited
§ 17.400 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 17.400 through 17.455 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 §§ 17.300 through
17.310 do not apply, or an entity, not a
recipient, to which §§ 17.300 through
17.310 would not apply if the entity
were a recipient.
(b) Specific prohibitions. Except as provided in §§ 17.400 through 17.455, in providing any aid, benefit, or service to a
student, a recipient shall not, on the
basis of sex:

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6 CFR Ch. I (1–1–06 Edition)

program or activity not operated wholly by such recipient, or that facilitates,
permits, or considers such participation as part of or equivalent to an education program or activity operated by
such recipient, including participation
in educational consortia and cooperative employment and student-teaching
assignments.
(2) Such recipient:
(i) Shall develop and implement a
procedure designed to assure itself that
the operator or sponsor of such other
education program or activity takes no
action affecting any applicant, student,
or employee of such recipient that
these Title IX regulations would prohibit such recipient from taking; and
(ii) Shall not facilitate, require, permit, or consider such participation if
such action occurs.
§ 17.405

vided 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.
§ 17.410

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.
§ 17.415

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 physical education classes and activities 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 March
6, 2003. 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
March 6, 2003.
(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.

Housing.

(a) General. 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 pro-

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§ 17.430

(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.

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.

§ 17.420 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.

§ 17.430 Financial assistance.
(a) General. Except as provided in
paragraphs (b) and (c) of this section,
in providing financial assistance to any
of its students, a recipient shall not:
(1) On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance that is of any particular type or
source, apply different criteria, or otherwise discriminate;
(2) Through solicitation, listing, approval, provision of facilities, or other
services, assist any foundation, trust,
agency, organization, or person that
provides assistance to any of such recipient’s students in a manner that discriminates on the basis of sex; or
(3) Apply any rule or assist in application of any rule concerning eligibility for such assistance that treats
persons of one sex differently from persons of the other sex with regard to
marital or parental status.
(b) Financial aid established by certain
legal instruments. (1) A recipient may
administer or assist in the administration of scholarships, fellowships, or
other forms of financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or similar
legal instruments or by acts of a foreign government that require that
awards be made to members of a particular sex specified therein; Provided,
that the overall effect of the award of
such sex-restricted scholarships, fellowships, and other forms of financial
assistance does not discriminate on the
basis of sex.

§ 17.425 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

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(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 § 17.450.

§ 17.440 Health and insurance benefits
and services.
Subject to § 17.235(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
§§ 17.500 through 17.550 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.
§ 17.445 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 § 17.235(d), a recipient
shall treat pregnancy, childbirth, false
pregnancy, termination of pregnancy
and recovery therefrom in the same

§ 17.435 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 §§ 17.500 through 17.550.

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§ 17.450

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.

scholastic, intercollegiate, club, or intramural athletics shall provide equal
athletic opportunity for members of
both sexes. In determining whether
equal opportunities are available, the
designated agency official will consider, among other factors:
(i) Whether the selection of sports
and levels of competition effectively
accommodate the interests and abilities of members of both sexes;
(ii) The provision of equipment and
supplies;
(iii) Scheduling of games and practice time;
(iv) Travel and per diem allowance;
(v) Opportunity to receive coaching
and academic tutoring;
(vi) Assignment and compensation of
coaches and tutors;
(vii) Provision of locker rooms, practice, and competitive facilities;
(viii) Provision of medical and training facilities and services;
(ix) Provision of housing and dining
facilities and services; and
(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
March 6, 2003. 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
March 6, 2003.

§ 17.450 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 inter-

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6 CFR Ch. I (1–1–06 Edition)
(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.

§ 17.455 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
§ 17.500

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 therefore, 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
§§ 17.500 through 17.550, 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.
Sections
17.500
through 17.550 apply to:
(1) Recruitment, advertising, and the
process of application for employment;

§ 17.505 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.
§ 17.510 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

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§ 17.530

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 §§ 17.500 through
17.550.
§ 17.515

of employment not subject to the provisions of § 17.515.
(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.

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.

§ 17.530 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 § 17.235(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 jobrelated 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

§ 17.520 Job classification and structure.
A recipient shall not:
(a) Classify a job as being for males
or for females;
(b) Maintain or establish separate
lines of progression, seniority lists, career ladders, or tenure systems based
on sex; or
(c) Maintain or establish separate
lines of progression, seniority systems,
career ladders, or tenure systems for
similar jobs, position descriptions, or
job requirements that classify persons
on the basis of sex, unless sex is a bona
fide occupational qualification for the
positions in question as set forth in
§ 17.550.
§ 17.525

Fringe benefits.

(a) ‘‘Fringe benefits’’ defined. For purposes of these Title IX regulations, the
term 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

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§ 17.535

6 CFR Ch. I (1–1–06 Edition)

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.

§ 17.550 Sex as a bona fide occupational qualification.
A recipient may take action otherwise prohibited by §§ 17.500 through
17.550 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.

§ 17.535 Effect of state or local law or
other requirements.
(a) Prohibitory requirements. The obligation to comply with §§ 17.500 through
17.550 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.
§ 17.540

Subpart F—Procedures
§ 17.600

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.
§ 17.545

Notice of covered programs.

Within 60 days of March 6, 2003, each
component of the Department that
awards Federal financial assistance
shall publish in the FEDERAL REGISTER
a notice of the programs covered by
these Title IX regulations. Each such
component 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 Department’s office that enforces Title IX.
§ 17.605

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 6 CFR part 21.

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 preemployment 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.

§ 17.635 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.

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Office of the Secretary, DHS

§ 21.3

(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 § 17.625(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.

§ 21.1 Purpose.
The purpose of this part is to effectuate the provisions of title VI of the
Civil Rights Act of 1964 (the Act) to the
end that no person in the United States
shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity
receiving Federal financial assistance
from the Department of Homeland Security. The provisions established by
this part shall be effective for all components of the Department, including
all Department components that are
transferred to the Department, except
to the extent that a Department component already has existing title VI
regulations.
§ 21.3 Application.
(a) This part applies to any program
for which Federal financial assistance
is authorized under a law administered
by the Department, including the types
of Federal financial assistance listed in
appendix A to this part. It also applies
to money paid, property transferred, or
other Federal financial assistance extended after the effective date of this
part pursuant to an application approved before that effective date. This
part does not apply to:
(1) Any Federal financial assistance
by way of insurance or guaranty contracts;
(2) Money paid, property transferred,
or other assistance extended before the
effective date of this part, except
where such assistance was subject to
the title VI regulations of any agency
whose responsibilities are now exercised by this Department;
(3) Any assistance to any individual
who is the ultimate beneficiary; or
(4) Any employment practice, under
any such program, of any employer,
employment agency, or labor organization, except to the extent described in
§ 21.5(c). The fact that a type of Federal
financial assistance is not listed in appendix A to this part shall not mean, if
title VI of the Act is otherwise applicable, that a program is not covered.
Other types of Federal financial assistance under statutes now in force or
hereinafter enacted may be added to
appendix A to this part.

PART
21—NONDISCRIMINATION
ON THE BASIS OF RACE, COLOR,
OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT
OF HOMELAND SECURITY
Sec.
21.1 Purpose.
21.3 Application.
21.4 Definitions.
21.5 Discrimination prohibited.
21.7 Assurances required.
21.9 Compliance information.
21.11 Conduct of investigations.
21.13 Procedure for effecting compliance.
21.15 Hearings.
21.17 Decisions and notices.
21.19 Judicial review.
21.21 Effect on other regulations, forms, and
instructions.
APPENDIX A TO PART 21—ACTIVITIES TO WHICH
THIS PART APPLIES
APPENDIX B TO PART 21—ACTIVITIES TO WHICH
THIS PART APPLIES WHEN A PRIMARY OBJECTIVE OF THE FEDERAL FINANCIAL ASSISTANCE IS TO PROVIDE EMPLOYMENT
AUTHORITY: 5 U.S.C. 310, 42 U.S.C. 2000d–
2000d–7.
SOURCE: 68 FR 10904, Mar. 6, 2003, unless
otherwise noted.

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