The purpose of these Title IX regulations is to effectuate Title IX of theEducation Amendments of 1972, as amended (except sections 904 and 906 of thoseAmendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which isdesigned to eliminate (with certain exceptions) discrimination on the basis ofsex in any education program or activity receiving Federal financial assistance,whether or not such program or activity is offered or sponsored by aneducational institution as defined in these Title IX regulations. The effectivedate of these Title IX regulations shall be September 29, 2000.

As used in these Title IX regulations, the term:

Administratively separate unit means a school, department, orcollege of an educational institution (other than a local educational agency)admission to which is independent of admission to any other component of suchinstitution.

Admission means selection for part-time, full-time, special,associate, transfer, exchange, or any other enrollment, membership, ormatriculation in or at an education program or activity operated by a recipient.

Applicant means one who submits an application, request, orplan required to be approved by an official of the Federal agency that awardsFederal financial assistance, or by a recipient, as a condition to becoming arecipient.

Designated agency official means the Assistant AttorneyGeneral, Civil Rights Division.

Educational institution means a local educational agency (LEA)as defined by 20 U.S.C. 8801(18), a preschool, a private elementary or secondaryschool, or an applicant or recipient that is an institution of graduate highereducation, an institution of undergraduate higher education, an institution ofprofessional education, or an institution of vocational education, as defined inthis section.

Federal financial assistance means any of the following, whenauthorized or extended under a law administered by the Federal agency thatawards such assistance:

(1) A grant or loan of Federal financial assistance, including funds madeavailable for:

(i) The acquisition, construction, renovation, restoration, or repair of abuilding or facility or any portion thereof; and

(ii) Scholarships, loans, grants, wages, or other funds extended to anyentity for payment to or on behalf of students admitted to that entity, orextended directly to such students for payment to that entity.

(2) A grant of Federal real or personal property or any interest therein,including surplus property, and the proceeds of the sale or transfer of suchproperty, if the Federal share of the fair market value of the property is not,upon such sale or transfer, properly accounted for to the Federal Government.

(3) Provision of the services of Federal personnel.

(4) Sale or lease of Federal property or any interest therein at nominalconsideration, or at consideration reduced for the purpose of assisting therecipient or in recognition of public interest to be served thereby, orpermission to use Federal property or any interest therein withoutconsideration.

(5) Any other contract, agreement, or arrangement that has as one of itspurposes the provision of assistance to any education program or activity,except a contract of insurance or guaranty.

Institution of graduate higher education means an institutionthat:

(1) Offers academic study beyond the bachelor of arts or bachelor of sciencedegree, whether or not leading to a certificate of any higher degree in theliberal arts and sciences;

(2) Awards any degree in a professional field beyond the first professionaldegree (regardless of whether the first professional degree in such field isawarded by an institution of undergraduate higher education or professionaleducation); or

(3) Awards no degree and offers no further academic study, but operatesordinarily for the purpose of facilitating research by persons who have receivedthe highest graduate degree in any field of study.

Institution of professional education means an institution(except any institution of undergraduate higher education) that offers a programof academic study that leads to a first professional degree in a field for whichthere is a national specialized accrediting agency recognized by the Secretaryof Education.

Institution of undergraduate higher education means:

(1) An institution offering at least two but less than four years of college-level study beyond the high school level, leading to a diploma or an associatedegree, or wholly or principally creditable toward a baccalaureate degree; or

(2) An institution offering academic study leading to a baccalaureate degree;or

(3) An agency or body that certifies credentials or offers degrees, but thatmay or may not offer academic study.

Institution of vocational education means a school orinstitution (except an institution of professional or graduate or undergraduatehigher education) that has as its primary purpose preparation of students topursue a technical, skilled, or semiskilled occupation or trade, or to pursuestudy in a technical field, whether or not the school or institution offerscertificates, diplomas, or degrees and whether or not it offers full-time study.

Recipient means any State or political subdivision thereof, orany instrumentality of a State or political subdivision thereof, any public orprivate agency, institution, or organization, or other entity, or any person, towhom Federal financial assistance is extended directly or through anotherrecipient and that operates an education program or activity that receives suchassistance, including any subunit, successor, assignee, or transferee thereof.

Student means a person who has gained admission.

Title IX means Title IX of the Education Amendments of 1972,Public Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C.1681-1688) (except sections 904 and 906 thereof), as amended by section 3of Public Law 93-568, 88 Stat. 1855, by section 412 of the EducationAmendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 ofPublic Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683,1685, 1686, 1687, 1688).

Title IX regulations means the provisions set forth at§§ 54.100 through 54.605.

Transition plan means a plan subject to the approval of theSecretary of Education pursuant to section 901(a)(2) of the Education Amendmentsof 1972, 20 U.S.C. 1681(a)(2), under which an educational institution operatesin making the transition from being an educational institution that admits onlystudents of one sex to being one that admits students of both sexes withoutdiscrimination.

(a) Remedial action. If the designated agency official findsthat a recipient has discriminated against persons on the basis of sex in aneducation program or activity, such recipient shall take such remedial action asthe designated agency official deems necessary to overcome the effects of suchdiscrimination.

(b) Affirmative action. In the absence of a finding ofdiscrimination on the basis of sex in an education program or activity, arecipient may take affirmative action consistent with law to overcome theeffects of conditions that resulted in limited participation therein by personsof a particular sex. Nothing in these Title IX regulations shall be interpretedto alter any affirmative action obligations that a recipient may have underExecutive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended byExecutive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended byExecutive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended byExecutive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order12107, 3 CFR, 1978 Comp., p. 264.

(c) Self-evaluation. Each recipient education institutionshall, within one year of September 29, 2000:

(1) Evaluate, in terms of the requirements of these Title IX regulations, itscurrent policies and practices and the effects thereof concerning admission ofstudents, treatment of students, and employment of both academic and non-academic personnel working in connection with the recipient's education programor activity;

(2) Modify any of these policies and practices that do not or may not meetthe requirements of these Title IX regulations; and

(3) Take appropriate remedial steps to eliminate the effects of anydiscrimination that resulted or may have resulted from adherence to thesepolicies and practices.

(d) Availability of self-evaluation and related materials.Recipients shall maintain on file for at least three years following completionof the evaluation required under paragraph (c) of this section, and shallprovide to the designated agency official upon request, a description of anymodifications made pursuant to paragraph (c)(2) of this section and of anyremedial steps taken pursuant to paragraph (c)(3) of this section.

(a) General. Either at the application stage or the awardstage, Federal agencies must ensure that applications for Federal financialassistance or awards of Federal financial assistance contain, be accompanied by,or be covered by a specifically identified assurance from the applicant orrecipient, satisfactory to the designated agency official, that each educationprogram or activity operated by the applicant or recipient and to which theseTitle IX regulations apply will be operated in compliance with these Title IXregulations. An assurance of compliance with these Title IX regulations shallnot be satisfactory to the designated agency official if the applicant orrecipient to whom such assurance applies fails to commit itself to take whateverremedial action is necessary in accordance with § 54.110(a) toeliminate existing discrimination on the basis of sex or to eliminate theeffects of past discrimination whether occurring prior to or subsequent to thesubmission to the designated agency official of such assurance.

(b) Duration of obligation. (1) In the case of Federalfinancial assistance extended to provide real property or structures thereon,such assurance shall obligate the recipient or, in the case of a subsequenttransfer, the transferee, for the period during which the real property orstructures are used to provide an education program or activity.

(2) In the case of Federal financial assistance extended to provide personalproperty, such assurance shall obligate the recipient for the period duringwhich it retains ownership or possession of the property.

(3) In all other cases such assurance shall obligate the recipient for theperiod during which Federal financial assistance is extended.

(c) Form. (1) The assurances required by paragraph (a) of thissection, which may be included as part of a document that addresses otherassurances or obligations, shall include that the applicant or recipient willcomply with all applicable Federal statutes relating to nondiscrimination. Theseinclude but are not limited to: Title IX of the Education Amendments of 1972, asamended (20 U.S.C. 1681-1683, 1685-1688).

(2) The designated agency official will specify the extent to which suchassurances will be required of the applicant's or recipient's subgrantees,contractors, subcontractors, transferees, or successors in interest.

If a recipient sells or otherwise transfers property financed in whole or inpart with Federal financial assistance to a transferee that operates anyeducation program or activity, and the Federal share of the fair market value ofthe property is not upon such sale or transfer properly accounted for to theFederal Government, both the transferor and the transferee shall be deemed to berecipients, subject to the provisions of §§ 54.205 through54.235(a).

(a) Effect of other Federal provisions. The obligations imposedby these Title IX regulations are independent of, and do not alter, obligationsnot to discriminate on the basis of sex imposed by Executive Order 11246, 3 CFR,1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR,1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR,1966-1970 Comp., p. 803; as amended by Executive Order 12087, 3 CFR, 1978Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264;sections 704 and 855 of the Public Health Service Act (42 U.S.C. 295m, 298b-2);Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e etseq.); the Equal Pay Act of 1963 (29 U.S.C. 206); and any other Act ofCongress or Federal regulation.

(b) Effect of State or local law or other requirements. Theobligation to comply with these Title IX regulations is not obviated oralleviated by any State or local law or other requirement that would render anyapplicant or student ineligible, or limit the eligibility of any applicant orstudent, on the basis of sex, to practice any occupation or profession.

(c) Effect of rules or regulations of private organizations.The obligation to comply with these Title IX regulations is not obviated oralleviated by any rule or regulation of any organization, club, athletic orother league, or association that would render any applicant or studentineligible to participate or limit the eligibility or participation of anyapplicant or student, on the basis of sex, in any education program or activityoperated by a recipient and that receives Federal financial assistance.

(a) Designation of responsible employee. Each recipient shalldesignate at least one employee to coordinate its efforts to comply with andcarry out its responsibilities under these Title IX regulations, including anyinvestigation of any complaint communicated to such recipient alleging itsnoncompliance with these Title IX regulations or alleging any actions that wouldbe prohibited by these Title IX regulations. The recipient shall notify all itsstudents and employees of the name, office address, and telephone number of theemployee or employees appointed pursuant to this paragraph.

(b) Complaint procedure of recipient. A recipient shall adoptand publish grievance procedures providing for prompt and equitable resolutionof student and employee complaints alleging any action that would be prohibitedby these Title IX regulations.

(a) Notification of policy. (1) Each recipient shall implementspecific 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 unionsor professional organizations holding collective bargaining or professionalagreements with the recipient, that it does not discriminate on the basis of sexin the educational programs or activities that it operates, and that it isrequired by Title IX and these Title IX regulations not to discriminate in sucha manner. Such notification shall contain such information, and be made in suchmanner, as the designated agency official finds necessary to apprise suchpersons of the protections against discrimination assured them by Title IX andthese Title IX regulations, but shall state at least that the requirement not todiscriminate in education programs or activities extends to employment therein,and to admission thereto unless §§ 54.300 through 54.310 do notapply to the recipient, and that inquiries concerning the application of TitleIX and these Title IX regulations to such recipient may be referred to theemployee designated pursuant to § 54.135, or to the designated agencyofficial.

(2) Each recipient shall make the initial notification required by paragraph(a)(1) of this section within 90 days of September 29, 2000 or of the date theseTitle IX regulations first apply to such recipient, whichever comes later, whichnotification shall include publication in:

(i) Newspapers and magazines operated by such recipient or by student,alumnae, or alumni groups for or in connection with such recipient; and

(ii) Memoranda or other written communications distributed to every studentand employee of such recipient.

(b) Publications. (1) Each recipient shall prominently includea statement of the policy described in paragraph (a) of this section in eachannouncement, bulletin, catalog, or application form that it makes available toany person of a type, described in paragraph (a) of this section, or which isotherwise used in connection with the recruitment of students or employees.

(2) A recipient shall not use or distribute a publication of the typedescribed in paragraph (b)(1) of this section that suggests, by text orillustration, that such recipient treats applicants, students, or employeesdifferently on the basis of sex except as such treatment is permitted by theseTitle IX regulations.

(c) Distribution. Each recipient shall distribute withoutdiscrimination on the basis of sex each publication described in paragraph(b)(1) of this section, and shall apprise each of its admission and employmentrecruitment representatives of the policy of nondiscrimination described inparagraph (a) of this section, and shall require such representatives to adhereto such policy.

(a) General. No person shall, on the basis of sex, be deniedadmission, or be subjected to discrimination in admission, by any recipient towhich §§ 54.300 through §§ 54.310 apply, exceptas provided in §§ 54.225 and §§ 54.230.

(b) Specific prohibitions. (1) In determining whether a personsatisfies any policy or criterion for admission, or in making any offer ofadmission, a recipient to which §§ 54.300 through 54.310 applyshall not:

(i) Give preference to one person over another on the basis of sex, byranking applicants separately on such basis, or otherwise;

(ii) Apply numerical limitations upon the number or proportion of persons ofeither sex who may be admitted; or

(iii) Otherwise treat one individual differently from another on the basis ofsex.

(2) A recipient shall not administer or operate any test or other criterionfor admission that has a disproportionately adverse effect on persons on thebasis of sex unless the use of such test or criterion is shown to predictvalidly success in the education program or activity in question and alternativetests or criteria that do not have such a disproportionately adverse effect areshown to be unavailable.

(c) Prohibitions relating to marital or parental status. Indetermining whether a person satisfies any policy or criterion for admission, orin making any offer of admission, a recipient to which §§ 54.300through 54.310 apply:

(1) Shall not apply any rule concerning the actual or potential parental,family, or marital status of a student or applicant that treats personsdifferently on the basis of sex;

(2) Shall not discriminate against or exclude any person on the basis ofpregnancy, childbirth, termination of pregnancy, or recovery therefrom, orestablish or follow any rule or practice that so discriminates or excludes;

(3) Subject to § 54.235(d), shall treat disabilities related topregnancy, childbirth, termination of pregnancy, or recovery therefrom in thesame manner and under the same policies as any other temporary disability orphysical condition; and

(4) Shall not make pre-admission inquiry as to the marital status of anapplicant for admission, including whether such applicant is “Miss”or “Mrs.” A recipient may make pre-admission inquiry as to the sexof an applicant for admission, but only if such inquiry is made equally of suchapplicants of both sexes and if the results of such inquiry are not used inconnection with discrimination prohibited by these Title IX regulations.

A recipient to which §§ 54.300 through 54.310 apply shall notgive preference to applicants for admission, on the basis of attendance at anyeducational institution or other school or entity that admits as students onlyor predominantly members of one sex, if the giving of such preference has theeffect of discriminating on the basis of sex in violation of§§ 54.300 through 54.310.

(a) Nondiscriminatory recruitment. A recipient to which§§ 54.300 through 54.310 apply shall not discriminate on thebasis of sex in the recruitment and admission of students. A recipient may berequired to undertake additional recruitment efforts for one sex as remedialaction pursuant to § 54.110(a), and may choose to undertake suchefforts as affirmative action pursuant to § 54.110(b).

(b) Recruitment at certain institutions. A recipient to which§§ 54.300 through 54.310 apply shall not recruit primarily orexclusively at educational institutions, schools, or entities that admit asstudents only or predominantly members of one sex, if such actions have theeffect of discriminating on the basis of sex in violation of§§ 54.300 through 54.310.

(a) General. Except as provided elsewhere in these Title IXregulations, no person shall, on the basis of sex, be excluded fromparticipation in, be denied the benefits of, or be subjected to discriminationunder any academic, extracurricular, research, occupational training, or othereducation program or activity operated by a recipient that receives Federalfinancial assistance. Sections 54.400 through 54.455 do not apply to actions ofa recipient in connection with admission of its students to an education programor activity of a recipient to which §§ 54.300 through 54.310 donot apply, or an entity, not a recipient, to which §§ 54.300through 54.310 would not apply if the entity were a recipient.

(b) Specific prohibitions. Except as provided in§§ 54.400 through 54.455, in providing any aid, benefit, orservice to a student, a recipient shall not, on the basis of sex:

(1) Treat one person differently from another in determining whether suchperson 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, orservices 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) Apply any rule concerning the domicile or residence of a student orapplicant, including eligibility for in-state fees and tuition;

(6) Aid or perpetuate discrimination against any person by providingsignificant assistance to any agency, organization, or person that discriminateson the basis of sex in providing any aid, benefit, or service to students oremployees;

(7) Otherwise limit any person in the enjoyment of any right, privilege,advantage, or opportunity.

(c) Assistance administered by a recipient educational institutionto study at a foreign institution. A recipient educational institution mayadminister or assist in the administration of scholarships, fellowships, orother awards established by foreign or domestic wills, trusts, or similar legalinstruments, or by acts of foreign governments and restricted to members of onesex, that are designed to provide opportunities to study abroad, and that areawarded to students who are already matriculating at or who are graduates of therecipient institution; Provided, that a recipient educationalinstitution that administers or assists in the administration of suchscholarships, fellowships, or other awards that are restricted to members of onesex provides, or otherwise makes available, reasonable opportunities for similarstudies for members of the other sex. Such opportunities may be derived fromeither domestic or foreign sources.

(d) Aids, benefits or services not provided by recipient. (1)This paragraph (d) applies to any recipient that requires participation by anyapplicant, student, or employee in any education program or activity notoperated wholly by such recipient, or that facilitates, permits, or considerssuch participation as part of or equivalent to an education program or activityoperated by such recipient, including participation in educational consortia andcooperative employment and student-teaching assignments.

(2) Such recipient:

(i) Shall develop and implement a procedure designed to assure itself thatthe operator or sponsor of such other education program or activity takes noaction affecting any applicant, student, or employee of such recipient thatthese Title IX regulations would prohibit such recipient from taking; and

(ii) Shall not facilitate, require, permit, or consider such participation ifsuch action occurs.

(a) Generally. A recipient shall not, on the basis of sex,apply different rules or regulations, impose different fees or requirements, oroffer different services or benefits related to housing, except as provided inthis section (including housing provided only to married students).

(b) Housing provided by recipient. (1) A recipient may provideseparate housing on the basis of sex.

(2) Housing provided by a recipient to students of one sex, when compared tothat provided to students of the other sex, shall be as a whole:

(i) Proportionate in quantity to the number of students of that sex applyingfor such housing; and

(ii) Comparable in quality and cost to the student.

(c) Other housing. (1) A recipient shall not, on the basis ofsex, administer different policies or practices concerning occupancy by itsstudents of housing other than that provided by such recipient.

(2)(i) A recipient which, through solicitation, listing, approval of housing,or otherwise, assists any agency, organization, or person in making housingavailable to any of its students, shall take such reasonable action as may benecessary to assure itself that such housing as is provided to students of onesex, when compared to that provided to students of the other sex, is as a whole:

(A) Proportionate in quantity; and

(B) Comparable in quality and cost to the student.

(ii) A recipient may render such assistance to any agency, organization, orperson that provides all or part of such housing to students of only one sex.

A recipient may provide separate toilet, locker room, and shower facilitieson the basis of sex, but such facilities provided for students of one sex shallbe comparable to such facilities provided for students of the other sex.

(a) A recipient shall not provide any course or otherwise carry out any ofits education program or activity separately on the basis of sex, or require orrefuse participation therein by any of its students on such basis, includinghealth, physical education, industrial, business, vocational, technical, homeeconomics, music, and adult education courses.

(b)(1) With respect to classes and activities in physical education at theelementary school level, the recipient shall comply fully with this section asexpeditiously as possible but in no event later than one year from September 29,2000. With respect to physical education classes and activities at the secondaryand post-secondary levels, the recipient shall comply fully with this section asexpeditiously as possible but in no event later than three years from September29, 2000.

(2) This section does not prohibit grouping of students in physical educationclasses and activities by ability as assessed by objective standards ofindividual performance developed and applied without regard to sex.

(3) This section does not prohibit separation of students by sex withinphysical education classes or activities during participation in wrestling,boxing, rugby, ice hockey, football, basketball, and other sports the purpose ormajor activity of which involves bodily contact.

(4) Where use of a single standard of measuring skill or progress in aphysical education class has an adverse effect on members of one sex, therecipient shall use appropriate standards that do not have such effect.

(5) Portions of classes in elementary and secondary schools, or portions ofeducation programs or activities, that deal exclusively with human sexuality maybe conducted in separate sessions for boys and girls.

(6) Recipients may make requirements based on vocal range or quality that mayresult in a chorus or choruses of one or predominantly one sex.

A recipient that is a local educational agency shall not, on the basis ofsex, exclude any person from admission to:

(a) Any institution of vocational education operated by such recipient; or

(b) Any other school or educational unit operated by such recipient, unlesssuch recipient otherwise makes available to such person, pursuant to the samepolicies and criteria of admission, courses, services, and facilities comparableto each course, service, and facility offered in or through such schools.

(a) Counseling. A recipient shall not discriminate against anyperson on the basis of sex in the counseling or guidance of students orapplicants for admission.

(b) Use of appraisal and counseling materials. A recipient thatuses testing or other materials for appraising or counseling students shall notuse different materials for students on the basis of their sex or use materialsthat permit or require different treatment of students on such basis unless suchdifferent materials cover the same occupations and interest areas and the use ofsuch different materials is shown to be essential to eliminate sex bias.Recipients shall develop and use internal procedures for ensuring that suchmaterials do not discriminate on the basis of sex. Where the use of a counselingtest or other instrument results in a substantially disproportionate number ofmembers of one sex in any particular course of study or classification, therecipient shall take such action as is necessary to assure itself that suchdisproportion is not the result of discrimination in the instrument or itsapplication.

(c) Disproportion in classes. Where a recipient finds that aparticular class contains a substantially disproportionate number of individualsof one sex, the recipient shall take such action as is necessary to assureitself that such disproportion is not the result of discrimination on the basisof sex in counseling or appraisal materials or by counselors.

(a) General. Except as provided in paragraphs (b) and (c) ofthis section, in providing financial assistance to any of its students, arecipient shall not:

(1) On the basis of sex, provide different amounts or types of suchassistance, limit eligibility for such assistance that is of any particular typeor source, apply different criteria, or otherwise discriminate;

(2) Through solicitation, listing, approval, provision of facilities, orother services, assist any foundation, trust, agency, organization, or personthat provides assistance to any of such recipient's students in a manner thatdiscriminates on the basis of sex; or

(3) Apply any rule or assist in application of any rule concerningeligibility for such assistance that treats persons of one sex differently frompersons 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 todomestic or foreign wills, trusts, bequests, or similar legal instruments or byacts of a foreign government that require that awards be made to members of aparticular sex specified therein; Provided, that the overalleffect of the award of such sex-restricted scholarships, fellowships, and otherforms 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 ofnondiscriminatory criteria and not on the basis of availability of fundsrestricted to members of a particular sex;

(ii) An appropriate sex-restricted scholarship, fellowship, or other form offinancial 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 underparagraph (b)(2)(i) of this section because of the absence of a scholarship,fellowship, or other form of financial assistance designated for a member ofthat student's sex.

(c) Athletic scholarships. (1) To the extent that a recipientawards athletic scholarships or grants-in-aid, it must provide reasonableopportunities for such awards for members of each sex in proportion to thenumber of students of each sex participating in interscholastic orintercollegiate athletics.

(2) A recipient may provide separate athletic scholarships or grants-in-aidfor members of each sex as part of separate athletic teams for members of eachsex to the extent consistent with this paragraph (c) and § 54.450.

Subject to § 54.235(d), in providing a medical, hospital,accident, or life insurance benefit, service, policy, or plan to any of itsstudents, a recipient shall not discriminate on the basis of sex, or providesuch benefit, service, policy, or plan in a manner that would violate§§ 54.500 through 54.550 if it were provided to employees of therecipient. This section shall not prohibit a recipient from providing anybenefit or service that may be used by a different proportion of students of onesex than of the other, including family planning services. However, anyrecipient that provides full coverage health service shall provide gynecologicalcare.

(a) Status generally. A recipient shall not apply any ruleconcerning a student's actual or potential parental, family, or marital statusthat treats students differently on the basis of sex.

(b) Pregnancy and related conditions. (1) A recipient shall notdiscriminate against any student, or exclude any student from its educationprogram or activity, including any class or extracurricular activity, on thebasis of such student's pregnancy, childbirth, false pregnancy, termination ofpregnancy, or recovery therefrom, unless the student requests voluntarily toparticipate in a separate portion of the program or activity of the recipient.

(2) A recipient may require such a student to obtain the certification of aphysician that the student is physically and emotionally able to continueparticipation as long as such a certification is required of all students forother physical or emotional conditions requiring the attention of a physician.

(3) A recipient that operates a portion of its education program or activityseparately for pregnant students, admittance to which is completely voluntary onthe part of the student as provided in paragraph (b)(1) of this section, shallensure that the separate portion is comparable to that offered to non-pregnantstudents.

(4) Subject to § 54.235(d), a recipient shall treat pregnancy,childbirth, false pregnancy, termination of pregnancy and recovery therefrom inthe same manner and under the same policies as any other temporary disabilitywith respect to any medical or hospital benefit, service, plan, or policy thatsuch recipient administers, operates, offers, or participates in with respect tostudents admitted to the recipient's educational program or activity.

(5) In the case of a recipient that does not maintain a leave policy for itsstudents, or in the case of a student who does not otherwise qualify for leaveunder such a policy, a recipient shall treat pregnancy, childbirth, falsepregnancy, termination of pregnancy, and recovery therefrom as a justificationfor a leave of absence for as long a period of time as is deemed medicallynecessary by the student's physician, at the conclusion of which the studentshall be reinstated to the status that she held when the leave began.

(a) General. No person shall, on the basis of sex, be excludedfrom participation in, be denied the benefits of, be treated differently fromanother person, or otherwise be discriminated against in any interscholastic,intercollegiate, club, or intramural athletics offered by a recipient, and norecipient shall provide any such athletics separately on such basis.

(b) Separate teams. Notwithstanding the requirements ofparagraph (a) of this section, a recipient may operate or sponsor separate teamsfor members of each sex where selection for such teams is based upon competitiveskill or the activity involved is a contact sport. However, where a recipientoperates or sponsors a team in a particular sport for members of one sex butoperates or sponsors no such team for members of the other sex, and athleticopportunities for members of that sex have previously been limited, members ofthe excluded sex must be allowed to try out for the team offered unless thesport involved is a contact sport. For the purposes of these Title IXregulations, contact sports include boxing, wrestling, rugby, ice hockey,football, basketball, and other sports the purpose or major activity of whichinvolves bodily contact.

(c) Equal opportunity. (1) A recipient that operates orsponsors interscholastic, intercollegiate, club, or intramural athletics shallprovide equal athletic opportunity for members of both sexes. In determiningwhether equal opportunities are available, the designated agency official willconsider, among other factors:

(i) Whether the selection of sports and levels of competition effectivelyaccommodate the interests and abilities of members of both sexes;

(ii) The provision of equipment and supplies;

(iii) Scheduling of games and practice time;

(iv) Travel and per diem allowance;

(v) Opportunity to receive coaching and academic tutoring;

(vi) Assignment and compensation of coaches and tutors;

(vii) Provision of locker rooms, practice, and competitive facilities;

(viii) Provision of medical and training facilities and services;

(ix) Provision of housing and dining facilities and services;

(x) Publicity.

(2) For purposes of paragraph (c)(1) of this section, unequal aggregateexpenditures for members of each sex or unequal expenditures for male and femaleteams if a recipient operates or sponsors separate teams will not constitutenoncompliance with this section, but the designated agency official may considerthe failure to provide necessary funds for teams for one sex in assessingequality of opportunity for members of each sex.

(d) Adjustment period. A recipient that operates or sponsorsinterscholastic, intercollegiate, club, or intramural athletics at theelementary school level shall comply fully with this section as expeditiously aspossible but in no event later than one year from September 29, 2000. Arecipient that operates or sponsors interscholastic, intercollegiate, club, orintramural athletics at the secondary or postsecondary school level shall complyfully with this section as expeditiously as possible but in no event later thanthree years from September 29, 2000.

Nothing in these Title IX regulations shall be interpreted as requiring orprohibiting or abridging in any way the use of particular textbooks orcurricular materials.

(a) General. (1) No person shall, on the basis of sex, beexcluded from participation in, be denied the benefits of, or be subjected todiscrimination in employment, or recruitment, consideration, or selectiontherefor, whether full-time or part-time, under any education program oractivity operated by a recipient that receives Federal financial assistance.

(2) A recipient shall make all employment decisions in any education programor activity operated by such recipient in a nondiscriminatory manner and shallnot limit, segregate, or classify applicants or employees in any way that couldadversely affect any applicant's or employee's employment opportunities orstatus because of sex.

(3) A recipient shall not enter into any contractual or other relationshipwhich directly or indirectly has the effect of subjecting employees or studentsto discrimination prohibited by §§ 54.500 through 54.550,including relationships with employment and referral agencies, with laborunions, and with organizations providing or administering fringe benefits toemployees of the recipient.

(4) A recipient shall not grant preferences to applicants for employment onthe basis of attendance at any educational institution or entity that admits asstudents only or predominantly members of one sex, if the giving of suchpreferences has the effect of discriminating on the basis of sex in violation ofthese Title IX regulations.

(b) Application. The provisions of §§ 54.500through 54.550 apply to:

(1) Recruitment, advertising, and the process of application for employment;

(2) Hiring, upgrading, promotion, consideration for and award of tenure,demotion, transfer, layoff, termination, application of nepotism policies, rightof return from layoff, and rehiring;

(3) Rates of pay or any other form of compensation, and changes incompensation;

(4) Job assignments, classifications, and structure, including positiondescriptions, lines of progression, and seniority lists;

(5) The terms of any collective bargaining agreement;

(6) Granting and return from leaves of absence, leave for pregnancy,childbirth, false pregnancy, termination of pregnancy, leave for persons ofeither sex to care for children or dependents, or any other leave;

(7) Fringe benefits available by virtue of employment, whether or notadministered by the recipient;

(8) Selection and financial support for training, including apprenticeship,professional meetings, conferences, and other related activities, selection fortuition assistance, selection for sabbaticals and leaves of absence to pursuetraining;

(9) Employer-sponsored activities, including social or recreational programs;and

(10) Any other term, condition, or privilege of employment.

A recipient shall not administer or operate any test or other criterion forany employment opportunity that has a disproportionately adverse effect onpersons on the basis of sex unless:

(a) Use of such test or other criterion is shown to predict validlysuccessful performance in the position in question; and

(b) Alternative tests or criteria for such purpose, which do not have suchdisproportionately adverse effect, are shown to be unavailable.

(a) Nondiscriminatory recruitment and hiring. A recipient shallnot discriminate on the basis of sex in the recruitment and hiring of employees.Where a recipient has been found to be presently discriminating on the basis ofsex in the recruitment or hiring of employees, or has been found to have sodiscriminated in the past, the recipient shall recruit members of the sex sodiscriminated against so as to overcome the effects of such past or presentdiscrimination.

(b) Recruitment patterns. A recipient shall not recruitprimarily or exclusively at entities that furnish as applicants only orpredominantly members of one sex if such actions have the effect ofdiscriminating on the basis of sex in violation of §§54.500 through54.550.

A recipient shall not make or enforce any policy or practice that, on thebasis of sex:

(a) Makes distinctions in rates of pay or other compensation;

(b) Results in the payment of wages to employees of one sex at a rate lessthan that paid to employees of the opposite sex for equal work on jobs theperformance of which requires equal skill, effort, and responsibility, and thatare performed under similar working conditions.

A recipient shall not:

(a) Classify a job as being for males or for females;

(b) Maintain or establish separate lines of progression, seniority lists,career ladders, or tenure systems based on sex; or

(c) Maintain or establish separate lines of progression, seniority systems,career ladders, or tenure systems for similar jobs, position descriptions, orjob requirements that classify persons on the basis of sex, unless sex is a bonafide occupational qualification for the positions in question as set forth in§54.550.

(a) “Fringe benefits” defined. For purposes ofthese Title IX regulations, fringe benefits means: Any medical,hospital, accident, life insurance, or retirement benefit, service, policy orplan, any profit-sharing or bonus plan, leave, and any other benefit or serviceof employment not subject to the provision of §54.515.

(b) Prohibitions. A recipient shall not:

(1) Discriminate on the basis of sex with regard to making fringe benefitsavailable to employees or make fringe benefits available to spouses, families,or dependents of employees differently upon the basis of the employee's sex;

(2) Administer, operate, offer, or participate in a fringe benefit plan thatdoes not provide for equal periodic benefits for members of each sex and forequal contributions to the plan by such recipient for members of each sex; or

(3) Administer, operate, offer, or participate in a pension or retirementplan that establishes different optional or compulsory retirement ages based onsex or that otherwise discriminates in benefits on the basis of sex.

(a) General. A recipient shall not apply any policy or take anyemployment action:

(1) Concerning the potential marital, parental, or family status of anemployee or applicant for employment that treats persons differently on thebasis of sex; or

(2) Which is based upon whether an employee or applicant for employment isthe head of household or principal wage earner in such employee's or applicant'sfamily unit.

(b) Pregnancy. A recipient shall not discriminate against orexclude from employment any employee or applicant for employment on the basis ofpregnancy, childbirth, false pregnancy, termination of pregnancy, or recoverytherefrom.

(c) Pregnancy as a temporary disability. Subject to§54.235(d), a recipient shall treat pregnancy, childbirth, false pregnancy,termination of pregnancy, recovery therefrom, and any temporary disabilityresulting therefrom as any other temporary disability for all job-relatedpurposes, including commencement, duration, and extensions of leave, payment ofdisability income, accrual of seniority and any other benefit or service, andreinstatement, and under any fringe benefit offered to employees by virtue ofemployment.

(d) Pregnancy leave. In the case of a recipient that does notmaintain a leave policy for its employees, or in the case of an employee withinsufficient leave or accrued employment time to qualify for leave under such apolicy, a recipient shall treat pregnancy, childbirth, false pregnancy,termination of pregnancy, and recovery therefrom as a justification for a leaveof absence without pay for a reasonable period of time, at the conclusion ofwhich the employee shall be reinstated to the status that she held when theleave began or to a comparable position, without decrease in rate ofcompensation or loss of promotional opportunities, or any other right orprivilege of employment.

(a) Prohibitory requirements. The obligation to comply with§§54.500 through 54.550 is not obviated or alleviated by the existenceof any State or local law or other requirement that imposes prohibitions orlimits upon employment of members of one sex that are not imposed upon membersof the other sex.

(b) Benefits. A recipient that provides any compensation,service, or benefit to members of one sex pursuant to a State or local law orother requirement shall provide the same compensation, service, or benefit tomembers of the other sex.

A recipient shall not in any advertising related to employment indicatepreference, limitation, specification, or discrimination based on sex unless sexis a bona fide occupational qualification for the particular job in question.

A recipient may take action otherwise prohibited by §§54.500through 54.550 provided it is shown that sex is a bona fide occupationalqualification for that action, such that consideration of sex with regard tosuch action is essential to successful operation of the employment functionconcerned. A recipient shall not take action pursuant to this section that isbased upon alleged comparative employment characteristics or stereotypedcharacterizations of one or the other sex, or upon preference based on sex ofthe recipient, employees, students, or other persons, but nothing contained inthis section shall prevent a recipient from considering an employee's sex inrelation to employment in a locker room or toilet facility used only by membersof one sex.

Within 60 days of September 29, 2000, each Federal agency that awards Federalfinancial assistance shall publish in the Federal Register anotice of the programs covered by these Title IX regulations. Each such Federalagency shall periodically republish the notice of covered programs to reflectchanges in covered programs. Copies of this notice also shall be made availableupon request to the Federal agency's office that enforces Title IX.

The investigative, compliance, and enforcement procedural provisions of TitleVI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (“Title VI”)are hereby adopted and applied to these Title IX regulations. These proceduresmay be found at 28 CFR 42.106 through 42.111.