[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2006]

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

[CITE: 45CFR618.450]



[Page 158-159]

 

                        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.  618.450  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



[[Page 159]]



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 these Title IX regulations, 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. (1) A recipient that 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 designated 

agency official will consider, among other factors:

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

effectively accommodate the interests and abilities of members of both 

sexes;

    (ii) The provision of equipment and supplies;

    (iii) Scheduling of games and practice time;

    (iv) Travel and per diem allowance;

    (v) Opportunity to receive coaching and academic tutoring;

    (vi) Assignment and compensation of coaches and tutors;

    (vii) Provision of locker rooms, practice, and competitive 

facilities;

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

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

    (x) Publicity.

    (2) For purposes of paragraph (c)(1) of this section, 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 

designated agency official 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 that 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 

September 29, 2000. A recipient that operates or sponsors 

interscholastic, intercollegiate, club, or intramural athletics at the 

secondary or postsecondary school level shall comply fully with this 

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

years from September 29, 2000.