[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: 45CFR86.9]



[Page 406]

 

                        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.  86.9  Dissemination of policy.



    (a) Notification of policy. (1) Each recipient shall implement 

specific and continuing steps to notify applicants for admission and 

employment, students and parents of elementary and secondary school 

students, employees, sources of referral of applicants for admission and 

employment, and all unions or professional organizations holding 

collective bargaining or professional agreements with the recipient, 

that it does not discriminate on the basis of sex in the educational 

programs or activities which it operates, and that is required by title 

IX and this part not to discriminate in such a manner. Such notification 

shall contain such information, and be made in such manner, as the 

Director finds necessary to apprise such persons of the protections 

against discrimination assured them by title IX and this part, but shall 

state at least that the requirement not to discriminate in education 

programs and activities extends to employment therein, and to admission 

thereto unless Subpart C does not apply to the recipient, and that 

inquiries concerning the application of title IX and this part to such 

recipient may be referred to the employee designated pursuant to Sec.  

86.8, or to the Director.

    (2) Each recipient shall make the initial notification required by 

paragraph (a) (1) of this section within 90 days of the effective date 

of this part or of the date this part first applies to such recipient, 

whichever comes later, which notification shall include publication in:

    (i) Local newspapers;

    (ii) Newspapers and magazines operated by such recipient or by 

student, alumnae, or alumni groups for or in connection with such 

recipient; and

    (iii) Memoranda or other written communications distributed to every 

student and employee of such recipient.

    (b) Publications. (1) Each recipient shall prominently include a 

statement of the policy described in paragraph (a) of this section in 

each announcement, bulletin, catalog, or application form which it makes 

available to any person of a type, described in paragraph (a) of this 

section, or which is otherwise used in connection with the recruitment 

of students or employees.

    (2) A recipient shall not use or distribute a publication of the 

type described in this paragraph which suggests, by text or 

illustration, that such recipient treats applicants, students, or 

employees differently on the basis of sex except as such treatment is 

permitted by this part.

    (c) Distribution. Each recipient shall distribute without 

discrimination on the basis of sex each publication described in 

paragraph (b) of this section, and shall apprise each of its admission 

and employment recruitment representatives of the policy of 

nondiscrimination described in paragraph (a) of this section, and 

require such representatives to adhere to such policy.



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

U.S.C. 1681, 1682)



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