REG 7 CFR PART 15A-2012 EDUCATION PROGRAMS OR ACTIVITIES RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL ASSISTANCE.pdf

1、432 7 CFR Subtitle A (1112 Edition) 15.143 given by it pursuant to the regulations in this part, or to have otherwise failed to comply with the regulations in this part, unless and until it corrects its noncompliance and satisfies the Agen-cy that it will fully comply with the regulations in this pa

2、rt. 15.143 Decision where financial as-sistance affected. The Secretary shall make any final decision which provides for the suspen-sion or termination of, or the refusal to grant or continue Federal financial as-sistance, or the imposition of any other sanction available under the regula-tions in t

3、his part or the Act. PART 15aEDUCATION PRO-GRAMS OR ACTIVITIES RECEIV-ING OR BENEFITTING FROM FED-ERAL FINANCIAL ASSISTANCE Subpart AIntroduction Sec. 15a.1 Purpose and effective date. 15a.2 Definitions. 15a.3 Remedial and affirmative action and self-evaluation. 15a.4 Assurance required. 15a.5 Effec

4、t of other requirements. 15a.6 Effect of employment opportunities. 15a.7 Designation of responsible employee and adoption of grievance procedures. 15a.8 Dissemination of policy. Subpart BCoverage 15a.11 Application. 15a.12 Educational institutions controlled by religious organizations. 15a.13 Milita

5、ry and merchant marine edu-cational institution. 15a.14 Membership practices of certain or-ganizations. 15a.15 Exempt activities. 15a.16 Admission. 15a.17 Education institutions eligible to submit transition plans. 15a.18 Transition plans. Subpart CDiscrimination on the Basis of Sex in Admission and

6、 Recruitment Pro-hibited 15a.21 Admission. 15a.22 Preference in admission. 15a.23 Recruitment. Subpart DDiscrimination on the Basis of Sex in Education Programs and Activi-ties Prohibited 15a.31 Education programs and activities. 15a.32 Housing. 15a.33 Comparable facilities. 15a.34 Access to course

7、offerings. 15a.35 Access to schools operated by L.E.A.s. 15a.36 Counseling and use of appraisal and counseling materials. 15a.37 Financial assistance. 15a.38 Employment assistance to students. 15a.39 Health and insurance benefits and services. 15a.40 Marital or parental status. 15a.41 Athletics. 15a

8、.42 Textbooks and curricular material. Subpart EDiscrimination on the Basis of Sex in Employment in Education Pro-grams and Activities Prohibited 15a.51 Employment. 15a.52 Employment criteria. 15a.53 Recruitment. 15a.54 Compensation. 15a.55 Job classification and structure. 15a.56 Fringe benefits. 1

9、5a.57 Marital or parental status. 15a.58 Effect of State or local law or other requirements. 15a.59 Advertising. 15a.60 Pre-employment inquiries. 15a.61 Sex as a bona-fide occupational qual-ification. Subpart FProcedures (Interim) 15a.71 Interim procedures. APPENDIX TO SUBPART F AUTHORITY: Title IX

10、of the Education Amendments of 1972, Pub. L. 92318, as amended by sec. 3 of Pub. L. 93568, 88 Stat. 1855 and sec. 412 of Pub. L. 94482, 90 Stat. 2234 (except secs. 904 and 906 thereof); 20 U.S.C. 1681, 1682, 1683, 1685, 1686. SOURCE: 44 FR 21610, April 11, 1979, unless otherwise noted. Subpart AIntr

11、oduction 15a.1 Purpose and effective date. The purpose of this part is to effec-tuate title IX of the Education Amend-ments of 1972, as amended by Public Law 93568, 88 Stat. 1855 and Public Law 94482, 90 Stat. 2234 (except sec-tions 904 and 906 of those Amendments) which is designed to eliminate (wi

12、th certain exceptions) discrimination on VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-433 Office of the S

13、ecretary, USDA 15a.2 the basis of sex in any education pro-gram or activity receiving Federal fi-nancial assistance, whether or not such program or activity is offered or spon-sored by an educational institution as defined in this part. 15a.2 Definitions. As used in this part, the term: (a) Title IX

14、 means title IX of the Edu-cation Amendments of 1972, Public Law 92318, as amended by section 3 of Pub-lic Law 93568, 88 Stat. 1855 and section 412 of Public Law 94482, 90 Stat. 2234 (except sections 904 and 906 thereof); 20 U.S.C. 1681, 1682, 1683, 1685, 1686. (b) Department means the Department of

15、 Agriculture, and includes each of its operating agencies and other organiza-tional units. (c) Secretary means the Secretary of Agriculture or any officer or employees of the Department to whom the Sec-retary has heretofore delegated, or to whom the Secretary may hereafter del-egate, the authority t

16、o act for the Sec-retary under the regulations in this part. (d) Federal financial assistance means any of the following, when authorized or extended under a law administered by the Department: (1) A grant or loan of Federal finan-cial assistance, including (i) The acquisition, construction, ren-ova

17、tion, restoration, or repair of a building or facility or any portion thereof; and (ii) Scholarships, loans, grants, wages or other funds extended to any entity for payment to or on behalf of students admitted to that entity, or extended directly to such students for payment to that entity. (2) A gr

18、ant of Federal real or per-sonal property or any interest therein, including surplus property, and the proceeds of the sale or transfer of such property, if the Federal share of the fair market value of the property is not, upon such sale or transfer, prop-erly accounted for to the Federal Gov-ernme

19、nt. (3) Provision of the services of Fed-eral personnel. (4) Sale or lease of Federal property of any interest therein at nominal con-sideration, or at consideration reduced for the purpose of assisting the recipi-ent, or in recognition of public interest to served thereby, or permission to use Fede

20、ral property or any interest there-in without consideration. (5) Any other contract, agreement, or arrangement which has as one of its purposes the provision of assistance to any education program or activity, ex-cept a contract of insurance or guar-anty. (e) Recipient means the State or polit-ical

21、subdivision thereof, of any instru-mentality of a State or political sub-division thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is ex-tended directly or through another re-cipient and which operates an edu-ca

22、tion program or activity which re-ceives or benefits from such assistance, including any subunit, successor, as-signee, or transferee thereof. (f) Applicant means one who submits an application, request, or plan re-quired to be approved by a Department official, or by a recipient, as a condi-tion to

23、 becoming a recipient. (g) Educational institution means a local educational agency (L.E.A.) as defined by section 801(f) of the Elemen-tary and Secondary Education Act of 1965 (20 U.S.C. 881), a preschool, a pri-vate elementary or secondary school, or an applicant or recipient of the type defined b

24、y paragraph (h), (i), (j), or (k) of this section. (h) Institution of graduate higher edu-cation means an institution which: (1) Offers academic study beyond the bachelor of arts or bachelor of science degree, whether or not leading to a cer-tificate of any higher degree in the lib-eral arts and sci

25、ences; or (2) Awards any degree in a profes-sional field beyond the first profes-sional degree (regardless of whether the first professional degree in such field is awarded by an institution of undergraduate higher education or pro-fessional education); or (3) Awards no degree and offers no further

26、academic study, but operates ordinarily for the purpose of facili-tating research by persons who have received the highest graduate degree in any field of study. (i) Institution of undergraduate higher education means: VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00443 Fmt 8010 Sfmt 80

27、10 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-434 7 CFR Subtitle A (1112 Edition) 15a.3 (1) An institution offering at least two but less than four years of college level study beyond the

28、 high school level, leading to a diploma or an asso-ciate degree, or wholly or principally creditable toward a baccalaureate de-gree; or (2) An institution offering academic study leading to a baccalaureate de-gree; or (3) An agency or body which certifies credentials or offers degrees, but which ma

29、y or may not offer academic study. (j) Institution of professional education means an institution (except any insti-tution of undergraduate higher edu-cation) which offers a program of aca-demic study that leads to a first profes-sional degree in a field for which there is a national specialized acc

30、rediting agency recognized by the United States Commissioner of Education. (k) Institution of vocational education means a school or institution (except an institution of professional or grad-uate or undergraduate higher edu-cation) which has as its primary pur-pose preparation of students to pursue

31、 a technical, skilled, or semiskilled oc-cupation or trade, or to pursue study in a technical field, whether or not the school or institution offers certificates, diplomas, or degrees and whether or not it offers fulltime study. (l) Administratively separate unit means a school, department or colleg

32、e of an educational institution (other than a local educational agency) ad-mission to which is independent of ad-mission to any other component of such institution. (m) Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enroll-ment, membership, p

33、articipation, or matriculation in or at an education program or activity operated by a re-cipient. (n) Student means a person who has gained admission. (o) Transition plan means a plan sub-ject to the approval of the United States Commissioner of Education pur-suant to section 901(a) of the Educatio

34、n Amendments of 1972, under which an educational institution operates in making the transition from being an educational institution which admits only students of one sex to being one which admits students of both sexes without discrimination. (p) Educational recipient means an educational instituti

35、on as defined in 15a.2(g) and every other recipient which has education as a significant purpose. (q) Education program or activity means: (1) Every program or activity oper-ated by an educational recipient; and (2) Every program or activity oper-ated by other recipients where a sig-nificant purpose

36、 of the finanical assist-ance is education, (r) United States means the States of the United States, the District of Co-lumbia, Puerto Rico, the Virgin Is-lands, American Samoa, Guam, Wake Island, the Canal Zone, and the terri-tories and possessions of the United States, and the term State means any

37、 one of the foregoing. 15a.3 Remedial and affirmative ac-tion and self-evaluation. (a) Remedial action. If the Secretary finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial ac-tion as the Secretary

38、deems necessary to overcome the effects of such dis-crimination. (b) Affirmative action. In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirma-tive action to overcome the effects of conditions which resulted in limited par

39、ticipation therein by persons of a particular sex. Nothing herein shall be interpreted to alter any affirmative ac-tion obligations which a recipient may have under Executive Order 11246. (c) Self-evaluation. Each recipient shall, within one year of the effective date of this part: (1) Evaluate in t

40、erms of the require-ments of this part, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employ-ment of both academic and non-aca-demic personnel working in connection with the recipients education program or activity; VerDate Ma

41、r2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-435 Office of the Secretary, USDA 15a.5 (2) Modify any of these polici

42、es and practices which do not or may not meet the requirements of this part; and (3) Take appropriate remedial steps to eliminate the effects of any dis-crimination which resulted or may have resulted from adherence to these policies and practices. (d) Availability of self-evaluation and related mat

43、erials. Recipients shall main-tain on file for at least three years fol-lowing the effective date of this part or completion of the evaluation required under paragraph (c) of this section, whichever is longer, and shall provide to the Secretary upon request, a de-scription of any modifications made

44、pursuant to paragraph (c)(1) of this sec-tion and of any remedial steps taken pursuant to paragraph (c)(3) of this sec-tion. 15a.4 Assurance required. (a) General. Every application for Federal financial assistance for any education program or activity shall as condition of its approval contain or b

45、e accompanied by an assurance from the applicant or recipient, satisfactory to the Secretary, that each education pro-gram or activity operated by the appli-cant or recipient and to which this part applies will be operated in compliance with this part. An assurance of compli-ance with this part shal

46、l not be satis-factory to the Secretary if the appli-cant or recipient to whom such assur-ance applies fails to commit itself to take whatever remedial action is nec-essary in accordance with 15a.3(a) to eliminate existing discrimination on the basis of sex or to eliminate the ef-fects of past discr

47、imination whether occurring prior or subsequent to the submission to the Secretary of such as-surance. (b) Transfers of property. If a recipient sells or otherwise transfers property fi-nanced in whole or in part with Federal financial assistance to a transferee which operates any education program

48、or activity, and the Federal share of the fair market value of the property is not upon such sale or transfer properly accounted for to the Federal Govern-ment both the transferor and the trans-feree shall be deemed to be recipients, subject to the provisions of subpart B. (c) Duration of obligation

49、. (1) In the case of Federal financial assistance ex-tended to provide real property or structures thereon, such assurance shall obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used to provide an education program or ac-tivity. (2) In the case of Federal financial as-sistance extended to provide personal property, such assurances shall obli-gate the recipient for the