[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 44CFR19.400]



[Page 226-227]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 19_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. 19.400  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



[[Page 227]]



receives Federal financial assistance. Sections 19.400 through 19.455 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 

Sec. Sec. 19.300 through 19.310 do not apply, or an entity, not a 

recipient, to which Sec. Sec. 19.300 through 19.310 would not apply if 

the entity were a recipient.

    (b) Specific prohibitions. Except as provided in Sec. Sec. 19.400 

through 19.455, 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 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.