[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR86.3]



[Page 404]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 86_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart A_Introduction

 

Sec.  86.3  Remedial and affirmative action and self-evaluation.



    (a) Remedial action. If the Director 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 Director 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 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 Director upon request, a description 

of any modifications made pursuant to paragraph (c) (2) of this section 

and of any remedial steps taken pursuant to paragraph (c) (3) of this 

section.



(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 

U.S.C. 1681, 1682)



[40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975]