[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: 45CFR618.430]



[Page 157-158]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 618_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. 618.430  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.

    (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.



[[Page 158]]



    (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 Sec. 618.450.