[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR15a.37]

[Page 390-391]
 
                          TITLE 7--AGRICULTURE
 
PART 15a_EDUCATION PROGRAMS OR ACTIVITIES RECEIVING OR BENEFITTING 
FROM FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
 Subpart D_Discrimination on the Basis of Sex in Education Programs and 
                          Activities Prohibited
 
Sec. 15a.37  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 which 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 which provides assistance to any of such recipient's students 
in a manner which discriminates on the basis of sex; or
    (3) Apply any rule or assist in application of any rule concerning 
eligibility for such assistance which 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

[[Page 391]]

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 which 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 designed for a member of that student's sex.
    (c) Athletic scholarships. (1) To the extent that a recipient awards 
athletic scholarships or grants-in-aids, 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) Separate athletic scholarships or grants-in-aid for members of 
each sex may be provided as part of separate athletic teams for members 
of each sex to the extent consistent with this paragraph and Sec. 
15a.41.