1、14 24 CFR Subtitle A (4111 Edition) 1.10 of a decision on the basis of such infor-mation as is available. (b) Hearing procedures. Hearings shall be conducted in accordance with 24 CFR part 180. 38 FR 17949, July 5, 1973, as amended at 61 FR 52217, Oct. 4, 1996 1.10 Effect on other regulations; forms
2、 and instructions. (a) Effect on other regulations. All reg-ulations, orders, or like directions heretofore issued by any officer of the Department which impose require-ments designed to prohibit any dis-crimination against persons on the ground of race, color, or national ori-gin under any program
3、or activity to which this part applies, and which au-thorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any ap-plicant or recipient for failure to com-ply with such requirements, are hereby superseded to the extent that such dis-crimination is
4、 prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to January 3, 1965. Nothing in this part, however, shall be deemed to supersede any
5、of the following (including future amendments thereof): (1) Executive Orders 11246 and 11375 and regulations issued thereunder, or (2) Executive Order 11063 and regula-tions issued thereunder, or any other order, regulations or instructions, inso-far as such order, regulations, or in-structions, pro
6、hibit discrimination on the ground of race, color, or national origin in any program or activity or situation to which this part is inappli-cable, or prohibit discrimination on any other ground. (b) Forms and instructions. The re-sponsible Department official shall as-sure that forms and detailed in
7、struc-tions and procedures for effectuating this part are issued and promptly made available to interested persons. (c) Supervision and coordination. The Secretary may from time to time as-sign to officials of the Department, or to officials of other departments or agencies of the Government with th
8、e consent of such department or agency, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this part (other than re-sponsibility for final decision as pro-vided in 1.10), including the achieve-ment of effective coordination and maximum uniformity within t
9、he De-partment and within the Executive Branch of the Government in the appli-cation of title VI and this part to simi-lar programs or activities and in simi-lar situations. Any action taken, deter-mination made, or requirement im-posed by an official of another depart-ment or agency acting pursuant
10、 to an assignment of responsibility under this paragraph shall have the same effect as though such action had been taken by the responsible official of this Depart-ment. 38 FR 17949, July 5, 1973. Redesignated at 61 FR 52217, Oct. 4, 1996 PART 3NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROG
11、RAMS OR ACTIVITIES RE-CEIVING FEDERAL FINANCIAL ASSISTANCE Subpart AIntroduction Sec. 3.100 Purpose and effective date. 3.105 Definitions. 3.110 Remedial and affirmative action and self-evaluation. 3.115 Assurance required. 3.120 Transfers of property. 3.125 Effect of other requirements. 3.130 Effec
12、t of employment opportunities. 3.135 Designation of responsible employee and adoption of grievance procedures. 3.140 Dissemination of policy. Subpart BCoverage 3.200 Application. 3.205 Educational institutions and other en-tities controlled by religious organiza-tions. 3.210 Military and merchant ma
13、rine edu-cational institutions. 3.215 Membership practices of certain orga-nizations. 3.220 Admissions. 3.225 Educational institutions eligible to submit transition plans. 3.230 Transition plans. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00024 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223
14、077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-15 Office of the Secretary, HUD 3.105 3.235 Statutory amendments. Subpart CDiscrimination on the Basis of Sex in Admission and Recruitment Pro-hibited 3.300 Admissio
15、n. 3.305 Preference in admission. 3.310 Recruitment. Subpart DDiscrimination on the Basis of Sex in Education Programs or Activities Prohibited 3.400 Education programs or activities. 3.405 Housing. 3.410 Comparable facilities. 3.415 Access to course offerings. 3.420 Access to schools operated by LE
16、As. 3.425 Counseling and use of appraisal and counseling materials. 3.430 Financial assistance. 3.435 Employment assistance to students. 3.440 Health and insurance benefits and services. 3.445 Marital or parental status. 3.450 Athletics. 3.455 Textbooks and curricular material. Subpart EDiscriminati
17、on on the Basis of Sex in Employment in Education Pro-grams or Activities Prohibited 3.500 Employment. 3.505 Employment criteria. 3.510 Recruitment. 3.515 Compensation. 3.520 Job classification and structure. 3.525 Fringe benefits. 3.530 Marital or parental status. 3.535 Effect of state or local law
18、 or other re-quirements. 3.540 Advertising. 3.545 Pre-employment inquiries. 3.550 Sex as a bona fide occupational quali-fication. Subpart FProcedures 3.600 Notice of covered programs. 3.605 Enforcement procedures. AUTHORITY: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688. SOURCE: 65 FR 52865, 52
19、879, Aug. 30, 2000, un-less otherwise noted. Subpart AIntroduction 3.100 Purpose and effective date. The purpose of these Title IX regula-tions is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 168
20、5, 1686, 1687, 1688), which is designed to eliminate (with certain ex-ceptions) discrimination on the basis of sex in any education program or activ-ity receiving Federal financial assist-ance, whether or not such program or activity is offered or sponsored by an educational institution as defined i
21、n these Title IX regulations. The effec-tive date of these Title IX regulations shall be September 29, 2000. 3.105 Definitions. As used in these Title IX regulations, the term: Administratively separate unit means a school, department, or college of an educational institution (other than a local edu
22、cational agency) admission to which is independent of admission to any other component of such institu-tion. Admission means selection for part- time, full-time, special, associate, transfer, exchange, or any other enroll-ment, membership, or matriculation in or at an education program or activity o
23、perated by a recipient. Applicant means one who submits an application, request, or plan required to be approved by an official of the Federal agency that awards Federal fi-nancial assistance, or by a recipient, as a condition to becoming a recipient. Designated agency official means As-sistant Secr
24、etary for Fair Housing and Equal Opportunity. Educational institution means a local educational agency (LEA) as defined by 20 U.S.C. 8801(18), a preschool, a private elementary or secondary school, or an applicant or recipient that is an insti-tution of graduate higher education, an institution of u
25、ndergraduate higher education, an institution of profes-sional education, or an institution of vocational education, as defined in this section. Federal financial assistance means any of the following, when authorized or extended under a law administered by the Federal agency that awards such assist
26、ance: (1) A grant or loan of Federal finan-cial assistance, including funds made available for: (i) The acquisition, construction, ren-ovation, restoration, or repair of a building or facility or any portion thereof; and VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00025 Fmt 8010 Sfmt
27、8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-16 24 CFR Subtitle A (4111 Edition) 3.105 (ii) Scholarships, loans, grants, wages, or other funds extended to any entity for payment to or o
28、n behalf of students admitted to that entity, or extended directly to such students for payment to that entity. (2) A grant 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 th
29、e fair market value of the property is not, upon such sale or transfer, prop-erly accounted for to the Federal Gov-ernment. (3) Provision of the services of Fed-eral personnel. (4) Sale or lease of Federal property or any interest therein at nominal con-sideration, or at consideration reduced for th
30、e purpose of assisting the recipi-ent or in recognition of public interest to be served thereby, or permission to use Federal property or any interest therein without consideration. (5) Any other contract, agreement, or arrangement that has as one of its pur-poses the provision of assistance to any
31、education program or activity, except a contract of insurance or guaranty. Institution of graduate higher edu-cation means an institution that: (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 li
32、b-eral arts and sciences; (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 of
33、fers no further 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. Institution of professional education means an institution (except any insti-tution of undergraduate higher edu-cation) th
34、at 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 accrediting agency recognized by the Secretary of Education. Institution of undergraduate higher education means: (1) An institution offering at least two but less t
35、han four years of college- level study beyond the 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 that certi
36、fies credentials or offers degrees, but that may or may not offer academic study. Institution of vocational education means a school or institution (except an institution of professional or grad-uate or undergraduate higher edu-cation) that has as its primary purpose preparation of students to pursu
37、e a technical, skilled, or semiskilled occu-pation 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 full-time study. Recipient means any State or polit-ical subdivision thereof, or any i
38、nstru-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 that operates an education program or activity that r
39、eceives such assistance, including any subunit, suc-cessor, assignee, or transferee thereof. Student means a person who has gained admission. Title IX means Title IX of the Edu-cation Amendments of 1972, Public Law 92318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 16811688) (except sections
40、 904 and 906 thereof), as amend-ed by section 3 of Public Law 93568, 88 Stat. 1855, by section 412 of the Edu-cation Amendments of 1976, Public Law 94482, 90 Stat. 2234, and by Section 3 of Public Law 100259, 102 Stat. 28, 2829 (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688). Title IX regulatio
41、ns means the provi-sions set forth at 3.100 through 3.605. Transition plan means a plan subject to the approval of the Secretary of Education pursuant to section 901(a)(2) of the Education Amendments of 1972, VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:SGML2
42、23077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-17 Office of the Secretary, HUD 3.115 20 U.S.C. 1681(a)(2), under which an edu-cational institution operates in mak-ing the transition from being an edu
43、-cational institution that admits only students of one sex to being one that admits students of both sexes without discrimination. 65 FR 52865, 52879, Aug. 30, 2000, as amended at 65 FR 52880, Aug. 30, 2000 3.110 Remedial and affirmative ac-tion and self-evaluation. (a) Remedial action. If the desig
44、nated agency official finds that a recipient has discriminated against persons on the basis of sex in an education pro-gram or activity, such recipient shall take such remedial action as the des-ignated agency official deems nec-essary to overcome the effects of such discrimination. (b) Affirmative
45、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 consistent with law to over-come the effects of conditions that re-sulted in limited participation therein by persons of a particular sex. Nothing i
46、n these Title IX regulations shall be interpreted to alter any affirmative ac-tion obligations that a recipient may have under Executive Order 11246, 3 CFR, 19641965 Comp., p. 339; as amend-ed by Executive Order 11375, 3 CFR, 19661970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 196619
47、70 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264. (c) Self-evaluation. Each recipient education institution shall, within one year of September 29, 2000: (1) Evaluate, in terms of the require-ments of the
48、se Title IX regulations, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and non- academic personnel working in connec-tion with the recipients education pro-gram or activity; (2) Modify any of these
49、policies and practices that do not or may not meet the requirements of these Title IX reg-ulations; and (3) Take appropriate remedial steps to eliminate the effects of any dis-crimination that resulted or may have resulted from adherence to these poli-cies and practices. (d) Availability of self-evaluation and related materials. Recipients shall main-tain on file for at least three years fol-lowing completion of the evaluation re-quired under paragraph (c)
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