[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: 45CFR86.31]



[Page 409-410]

 

                        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 D_Discrimination on the Basis of Sex in Education Programs or 

                          Activities Prohibited

 

Sec.  86.31  Education programs or activities.





    (a) General. Except as provided elsewhere in this part, no person 

shall, on the basis of sex, be excluded from participation in, be denied 

the benefits of,



[[Page 410]]



or be subjected to discrimination under any academic, extracurricular, 

research, occupational training, or other education program or activity 

operated by a recipient which receives Federal financial assistance. 

This subpart does not apply to actions of a recipient in connection with 

admission of its students to an education program or activity of (1) a 

recipient to which Subpart C does not apply, or (2) an entity, not a 

recipient, to which Subpart C would not apply if the entity were a 

recipient.

    (b) Specific prohibitions. Except as provided in this subpart, in 

providing any aid, benefit, or service to a student, a recipient shall 

not, on the basis of sex:

    (1) Treat one person differently from another in determining whether 

such person satisfies any requirement or condition for the provision of 

such aid, benefit, or service;

    (2) Provide different aid, benefits, or services or provide aid, 

benefits, or services in a different manner;

    (3) Deny any person any such aid, benefit, or service;

    (4) Subject any person to separate or different rules of behavior, 

sanctions, or other treatment;

    (5) Discriminate against any person in the application of any rules 

of appearance;

    (6) Apply any rule concerning the domicile or residence of a student 

or applicant, including eligibility for in-state fees and tuition;

    (7) Aid or perpetuate discrimination against any person by providing 

significant assistance to any agency, organization, or person which 

discriminates on the basis of sex in providing any aid, benefit or 

service to students or employees;

    (8) Otherwise limit any person in the enjoyment of any right, 

privilege, advantage, or opportunity.

    (c) Assistance administered by a recipient educational institution 

to study at a foreign institution. A recipient educational institution 

may administer or assist in the administration of scholarships, 

fellowships, or other awards established by foreign or domestic wills, 

trusts, or similar legal instruments, or by acts of foreign governments 

and restricted to members of one sex, which are designed to provide 

opportunities to study abroad, and which are awarded to students who are 

already matriculating at or who are graduates of the recipient 

institution; Provided, a recipient educational institution which 

administers or assists in the administration of such scholarships, 

fellowship, or other awards which are restricted to members of one sex 

provides, or otherwise makes available reasonable opportunities for 

similar studies for members of the other sex. Such opportunities may be 

derived from either domestic or foreign sources.

    (d) Aid, benefits, or services not provided by recipient. (1) This 

paragraph applies to any recipient which requires participation by any 

applicant, student, or employee in any education program or activity not 

operated wholly by such recipient, or which facilitates, permits, or 

considers such participation as part of or equivalent to an education 

program or activity operated by such recipient, including participation 

in educational consortia and cooperative employment and student-teaching 

assignments.

    (2) Such recipient;

    (i) Shall develop and implement a procedure designed to assure 

itself that the operator or sponsor of such other education program or 

activity takes no action affecting any applicant, student, or employee 

of such recipient which this part would prohibit such recipient from 

taking; and

    (ii) Shall not facilitate, require, permit, or consider such 

participation if such action occurs.



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

U.S.C. 1681, 1682)



[40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]