[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: 45CFR86.37]



[Page 412-413]

 

                        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.  86.37  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 amount 

or types of such assistance, limit eligibility for such assistance which 

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 which provides assistance to any of such 

recipient's students in a manner which discriminates on the basis of 

sex; or (3) apply any rule or assist in application of any rule 

concerning eligibility for such assistance which 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 which 

requires 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



[[Page 413]]



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.

    (2) Separate athletic scholarships or grants-in-aid for members of 

each sex may be provided as part of separate athletic teams for members 

of each sex to the extent consistent with this paragraph and Sec.  

86.41.



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

U.S.C. 1681, 1682; and sec. 844, Education Amendments of 1974, Pub. L. 

93-380, 88 Stat. 484)



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