[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 34CFR106.41]



[Page 421-422]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 106_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

 Subpart D_Discrimination on the Basis of Sex in Education Programs or 

                          Activities Prohibited

 

Sec. 106.41  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 this part, 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. A recipient which 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 Director will 

consider, among other factors:

    (1) Whether the selection of sports and levels of competition 

effectively accommodate the interests and abilities of members of both 

sexes;

    (2) The provision of equipment and supplies;

    (3) Scheduling of games and practice time;

    (4) Travel and per diem allowance;

    (5) Opportunity to receive coaching and academic tutoring;

    (6) Assignment and compensation of coaches and tutors;

    (7) Provision of locker rooms, practice and competitive facilities;

    (8) Provision of medical and training facilities and services;

    (9) Provision of housing and dining facilities and services;

    (10) Publicity.



[[Page 422]]





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 Assistant Secretary 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 which operates or sponsors 

interscholastic, intercollegiate, club or intramural athletics at the 

elementary school level shall comply fully with this section as 

expeditiously as possible but in no event later than one year from the 

effective date of this regulation. A recipient which operates or 

sponsors interscholastic, intercollegiate, club or intramural athletics 

at the secondary or post-secondary school level shall comply fully with 

this section as expeditiously as possible but in no event later than 

three years from the effective date of this regulation.



(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 

374; 20 U.S.C. 1681, 1682; and Sec. 844, Education Amendments of 1974, 

Pub. L. 93-380, 88 Stat. 484)