[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1250.103-4]

[Page 219]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1250_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF 
 
Sec.  1250.103-4  Illustrative applications.

    (a) In training grant services discrimination is forbidden in the 
selection or eligibility of individuals to be trained and in their 
treatment by the grantee during their training. In any case where 
selection is made from a predetermined group, such as the students in an 
institution, the group must have been selected without discrimination.
    (b) In a research or training grant to a university for activities 
to be conducted in a graduate school, discrimination in the admission 
and treatment of students in the graduate school is prohibited and the 
prohibition extends to the entire university.
    (c) Discrimination in the treatment of students or other trainees 
includes the prohibition of discrimination among the students or 
trainees in the availability or use of any academic, dormitory, eating, 
recreational, or other facilities of the grantee or other recipient.
    (d) In a research or training grant, discrimination is prohibited 
with respect to the availability of any educational activity and any 
provision of medical or other services and any financial aid to 
individuals incident to the grant.
    (e) Upon transfers of real or personal property for research or 
educational uses, discrimination is forbidden to the same extent as in 
the case of grants for the construction of facilities or the provision 
of equipment for like purposes.
    (f) In some situations even though past discriminatory practices 
have been abandoned, the consequences of such practices continue to 
impede the full availability of a benefit. If the efforts required of 
the applicant or recipient under Sec.  1250.105 to provide information 
as to the availability of the program or activity, and the rights of 
beneficiaries under this regulation, have failed to overcome these 
consequences, it will become necessary for such applicant or recipient 
to take additional steps to make the benefits fully available to racial 
and nationality groups previously subjected to discrimination. This 
action might take the form, for example, of special arrangements for 
obtaining referrals or making selections which will insure that groups 
previously subjected to discrimination are adequately served.
    (g) Even though an applicant or recipient has never used 
discriminatory policies, the services and benefits of the program or 
activity it administers may not in fact be equally available to some 
racial or nationality groups. In such circumstances an applicant or 
recipient may properly give special consideration to race, color, or 
national origin to make the benefits of its program more widely 
available to such groups, not then being adequately served. For example, 
where a university is not adequately serving members of a particular 
racial or nationality group, it may establish special recruitment 
policies to make its program better known and more readily available to 
such group, and take other steps to provide that group with more 
adequate service.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973; 68 FR 
51350, Aug. 26, 2003]