[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR611.5]



[Page 113-114]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 611_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE NATIONAL 

SCIENCE FOUNDATION_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 

1964--Table of Contents

 

Sec. 611.5  Illustrative applications.



    The following examples will illustrate the application of the 

foregoing provisions to some of the programs aided by the Foundation. 

(In all cases the discrimination prohibited is discrimination on the 

ground of race, color, or national origin prohibited by title VI of the 

Act and this part, as a condition of the receipt of Federal financial 

assistance.)



    1. For support to elementary or secondary schools such as for the 

acquisition of equipment discrimination by the recipient school district 

in any of its elementary or secondary schools, or by the recipient 

private institution, in the admission of students, or in the treatment 

of its students in any aspect of the educational process, is prohibited. 

In this and the following illustration the prohibition of discrimination 

in the treatment of students or other trainees includes the prohibition 

of discrimination among the students or trainees in the availability or 

use of any academic, dormitory, eating, recreational, or other 

facilities of the grantee or other recipient.

    2. In a research, training, or other grant to a university for 

activities to be conducted in a graduate school, discrimination in the 

admission and treatment of students in the



[[Page 114]]



graduate school is prohibited, and the prohibition extends to the entire 

university.

    3. In a training grant to a hospital or other nonacademic 

institution, discrimination is prohibited in the selection of 

individuals to be trained and in their treatment by the grantee during 

their training. In a research or demonstration grant to such an 

institution, discrimination is prohibited with respect to any 

educational activity, any provision of medical or other services and any 

financial aid to individuals incident to the program.

    4. In grants to assist in the construction of facilities for 

research or for the provision of educational services, assurances will 

be required that services will be provided without discrimination, to 

the same extent that discrimination would be prohibited as a condition 

of Federal operating grants for the support of such services. Thus, as a 

condition of grants for the construction of academic, research, or other 

facilities at institutions of higher education, assurances will be 

required that there will be no discrimination in the admission or 

treatment of students. In other construction grants the assurances 

required will similarly be adapted to the nature of the activities to be 

conducted in the facilities for construction of which the grants have 

been authorized by Congress.

    5. Upon transfers of real or personal property for research or 

educational uses, discrimination is prohibited to the same extent as in 

the case of grants for the construction of facilities or the provision 

of equipment for like purposes.

    6. In some situations even though past discriminatory practices have 

been abandoned, the consequences of such practices continue to impede 

the full availability of a benefit. If the efforts required of the 

applicant or recipient under Sec. 611.6(d) to provide information as to 

the availability of the program or activity, and the rights of 

beneficiaries under this regulation, have failed to overcome these 

consequences, it will become necessary for such applicant or recipient 

to take additional steps to make the benefits fully available to racial 

and nationality groups previously subjected to discrimination. This 

action might take the form, for example, of special arrangements for 

obtaining referrals which will insure that groups previously subjected 

to discrimination are adequately served but not the establishment of 

discriminatory qualifications for participation in any program.

    7. Even though an applicant or recipient has never used 

discriminatory policies, the services and benefits of the program or 

activity it administers may not in fact be equally available to some 

racial or nationality groups. In such circumstances an applicant or 

recipient may properly give special consideration to race, color, or 

national origin to make the benefits of its program more widely 

available to such groups, not then being adequately served. For example, 

where a university is not adequately serving members of a particular 

racial or nationality group, it may establish special recruitment 

policies to make its program better known and more readily available to 

such group, and take other steps to provide that group with more 

adequate service.



[29 FR 16305, Dec. 4, 1964, as amended at 38 FR 17985, July 5, 1973; 68 

FR 51382, Aug. 26, 2003]