[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: 45CFR86.71] [Page 417-420] 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 F_Procedures [Interim] Sec. 86.71 Interim procedures. For the purposes of implementing this part during the period between its effective date and the final issuance by the Department of a consolidated procedural regulation applicable to title [[Page 418]] IX and other civil rights authorities administered by the Department, the procedural provisions applicable to title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference. These procedures may be found at 45 CFR 80-6 through 80-11 and 45 CFR Part 81. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) Subject Index to Title IX Preamble and Regulation \1\ --------------------------------------------------------------------------- \1\ Preamble paragraph numbers are in brackets [ ]. --------------------------------------------------------------------------- A Access to Course Offerings [43, 55, 56, 57, 58]; 86.34 Access to Schools Operated by LEA's, [44]; 86.35 Admissions, [5, 6, 30]; 86.15, 86.21 Affirmative and remedial action, [16, 17, 24]; 86.3 (a), (b) Administratively separate units, [30];86.15(b), 86.2(o) Educational Institutions, [30], 86.15(d), 86.2(n) General, 86.21(a), 86.2(p), Prohibitions relating to marital and parental status, [32, 36]; 86.21(c) Professional schools, [30], 86.2(m) Public institutions of undergraduate higher education, 86.15(e) Recruitment, [34, 35]; 86.23 Specific prohibitions, 86.21(b) Tests, [31]; 86.21(b)(2) Preference in admission, [35]; 86.22 Advertising, 86.59 Affirmative Action, see ``Remedial and Affirmative Actions'' Assistance to ``outside'' discriminatory organizations, [40, 53]; 86.31(b)(7), (c) Assurances, [18]; 86.4 Duration of obligation, 86.4(b) Form, 86.4(c) Athletics, [69 to 78]; 86.41 Adjustment period, [78]; 86.41(d) Contact sport defined, 86.41(d) Equal opportunity, [76, 77]; 86.41(d) Determining factors, 86.41(c) (i) to (x) Equipment, 86.41(c) Expenditures, 86.41(c) Facilities, 86.41(c) Travel, 86.41(c) Scholarships, [64, 65]; 86.37(d) General, [69, 70, 71, 72, 73, 74, 75]; 86.41(a) Separate teams, [75]; 86.41(b) B BFOQ, [96]; 86.61 C Comparable facilities Housing, [42, 54]; 86.32 Other, 86.33, 86.35(b) Compensation, [84, 87, 92]; 86.54 Counseling Disproportionate classes, [45, 59]; 86.36(c) General, [45, 59]; 86.36(a) Materials, [45, 59]; 86.36(b) Course Offerings Adjustment period, [55]; 86.34(a) (i) General, [7, 43]; 86.34 Music classes, [43]; 86.34(f) Physical education, [43, 56, 58]; Sex education, [43, 57]; 86.34(e) Coverage, [5]; 86.11 to 86.17 Exemptions Curricular materials, [52]; 86.42(a) D Definitions, [14, 15]; 86.2(a) to (r) Designation of responsible employee, [20, 22]; 86.8(a), (b) Dissemination of policy, [21]; 86.9 Distribution, 86.9(c) Notification of policy, [21]; 86.9(a) Publications, 86.9(b) Dress codes 86.31(b) (4) E Education Institutions Controlled by religious organizations, 86.12 Application, [28, 29]; 86.12(a) Exemption, [26]; 86.12(b) Education Program and Activities Benefiting from Federal financial assistance, [10, 11]; 86.11 General, [10, 11, 53]; 86.31(a) Programs not operated by recipient, [41, 54]; 86.31(c) Specific prohibitions, [38, 39, 40, 53]; 86.31 (b) Effective Date, [3] Employee responsible for Title IX, see ``Designation of Responsible Employee'' Employment Advertising, 86.59 Application, 86.51(b) Compensation, [84, 92]; 86.54 Employment criteria, 86.52 Fringe benefits, [88, 89]; 86.56 General, [81, 82, 87]; 86.51 Job Classification and Structure, 86.55 Marital and Parental Status, 86.57 Pregnancy, [85, 93]; 86.57(b) Pregnancy as Temporary Disability, [85, 93]; 86.57(c) Pregnancy Leave, [85, 93, 94]; 86.57(d) Pre-Employment Inquiry Recruitment, [83, 90, 91, 95] Sex as a BFOQ, [96]; 86.61 Student Employment, [66]; 86.38 Tenure, 86.51(b) (2) Exemptions, [5, 27, 28, 29, 30, 53]; 86.12(b), 86.13, 86.14, 86.15(a), 86.15(d), 86.16 [[Page 419]] F Federal Financial Assistance, 86.2(a) Financial Assistance to students, [46, 60, 61]; 86.37 Athletic Scholarships, [46, 64, 65]; 86.37(d) Foreign institutions, study at [63]; 86.31(c) General, 86.37 Non-need scholarships, [62]; 86.37(b) Pooling of sex-restrictive, [46, 61, 62]; 86.37(b) Sex-restrictive assistance through foreign or domestic wills [46, 61, 62]; 86.37(b) Foreign Scholarships, see ``Financial assistance'' 86.37 and ``Assistance to `outside' discriminatory organizations'', 86.31(c) Fraternities/Sororities Social, [53, 27, 28]; 86.14(a) Business/professional, [40, 53, 27, 28]; 86.31(b) (7) Honor societies, [40, 53]; 86.31(b) (7) Fringe benefits, [67, 88, 89]; 86.56, 86.39 Part-time employees, [89] G Grievance Procedure, see ``Designation of responsible employee'', 86.8(a) (b) H Health and Insurance Benefits and Services, [67, 88, 93]; 86.39, 86.56 Honor societies, [40, 53]; 86.31(b) (7) Housing, 86.32 Generally, [42]; 86.32(b) Provided by recipient, 86.32(b) Other housing, [54]; 86.32(c) J Job Classification and Structure, 86.55 L LEA's, [44]; 86.35 M Marital and Parental Status Employment General, [85, 93, 94]; 86.57 Pregnancy, [85, 93, 94]; 86.57(b) Pregnancy as a temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) Students General, [49]; 86.40(a) (b) Pregnancy and related conditions, [50]; 86.40(b) (1) (2) (3) (4) (5) Class participation, [50]; 86.40(b) (1) Physician certification, [50]; 86.40(b) (2) Special classes, [50]; 86.40(b) (3) Temporary leave, [50]; 86.40(b) (4) (5) Membership Practices of Social fraternities and sororities, [27, 28, 53]; 86.14(a) Voluntary youth service organizations, [27, 28, 53]; 86.14(c) YMCA, YWCA and others, [27, 28, 53]; 86.14(b) Military and Merchant Marine Educational Institutions, [29]; 86.13 P Pooling, see ``Financial Assistance'', 86.37 Pre-employment Inquiries Marital status, [86, 95]; 86.60(a) Sex, 86.60(b) Preference in Admissions, [35]; 86.22 See also ``Remedial and Affirmative Action'' Pregnancy, Employment General, [85, 93, 94]; 86.57 Pregnancy, [85, 93, 94]; 86.57(b) Pregnancy as temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) Students General, [49, 50]; 86.40(a) and (b) Pregnancy and related conditions; [50]; 86.40(b) (1) to (5) Class Participation, [50, 55, 58]; 86.40(b) (1) Physical certification, [50]; 86.40(b) (2) Special class, [50]; 86.40 (b) (3) Temporary leave, [50]; 86.40(b) (4), (5) Private Undergraduate Professional Schools, [30]; 86.15(d) Purpose of Regulation, [13]; 86.1 R Real Property, 86.2(g) Recruitment Employment Nondiscrimination, [83, 91]; 86.53(a) Patterns, 86.53(b) Student Nondiscrimination, [34, 35]; 86.23(a) Recruitment at certain institutions, 86.23 (b) Religious Organizations Application, [29, 28]; 86.12(a) Exemption, [26]; 86.12(b) Remedial and Affirmative Actions, [16, 17, 24]; 86.3 S Scholarships, see ``Financial Assistance'', 86.37 Self-evaluation, [16, 22]; 86.3(c) (d) Surplus Property (see Transfer of Property 86.5) Duration of obligation 86.4(b) Real Property 86.4(b) (1) T Textbooks and curricular materials, [52, 79, 80]; 86.42 Termination of funds, [10, 11] Transfer of property, 86.5 Transition Plans Content of plans, 86.17(b) Different from Adjustment period, [78]; 86.41(d) Submission of plans, 86.17(a) [[Page 420]] Appendix A to Part 86--Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs [Note] Note: For the text of these guidelines, see 45 CFR Part 80, Appendix B. [44 FR 17168, Mar. 21, 1979]