[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR106.3]



[Page 411-412]

 

                           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 A_Introduction

 

Sec.  106.3  Remedial and affirmative action and self-evaluation.



    (a) Remedial action. If the Assistant Secretary finds that a 

recipient has discriminated against persons on the basis of sex in an 

education program or activity, such recipient shall take such remedial 

action as the Assistant Secretary deems necessary to overcome the 

effects of such discrimination.

    (b) Affirmative action. In the absence of a finding of 

discrimination on the basis of sex in an education program or activity, 

a recipient may take affirmative action to overcome the effects of 

conditions which resulted in limited participation therein by persons of 

a particular sex. Nothing herein shall be interpreted to alter any 

affirmative action obligations which a recipient may have under 

Executive Order 11246.

    (c) Self-evaluation. Each recipient education institution shall, 

within one year of the effective date of this part:

    (1) Evaluate, in terms of the requirements of this part, its current 

policies and practices and the effects thereof concerning admission of 

students, treatment of students, and employment of both academic and 

non-academic personnel working in connection with the recipient's 

education program or activity;

    (2) Modify any of these policies and practices which do not or may 

not meet the requirements of this part; and

    (3) Take appropriate remedial steps to eliminate the effects of any 

discrimination which resulted or may



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have resulted from adherence to these policies and practices.

    (d) Availability of self-evaluation and related materials. 

Recipients shall maintain on file for at least three years following 

completion of the evaluation required under paragraph (c) of this 

section, and shall provide to the Assistant Secretary upon request, a 

description of any modifications made pursuant to paragraph (c)(ii) of 

this section and of any remedial steps taken pursuant to paragraph 

(c)(iii) of this section.



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

374; 20 U.S.C. 1681, 1682)