1、277 Office of the Secretary of Transportation 25.105 70 FR 611, Jan. 4, 2005, as amended at 73 FR 33329, June 12, 2008 PART 25NONDISCRIMINATION ON THE BASIS OF SEX IN EDU-CATION PROGRAMS OR ACTIVI-TIES RECEIVING FEDERAL FINAN-CIAL ASSISTANCE Subpart AIntroduction Sec. 25.100 Purpose and effective da
2、te. 25.105 Definitions. 25.110 Remedial and affirmative action and self-evaluation. 25.115 Assurance required. 25.120 Transfers of property. 25.125 Effect of other requirements. 25.130 Effect of employment opportunities. 25.135 Designation of responsible employee and adoption of grievance procedures
3、. 25.140 Dissemination of policy. Subpart BCoverage 25.200 Application. 25.205 Educational institutions and other entities controlled by religious organiza-tions. 25.210 Military and merchant marine edu-cational institutions. 25.215 Membership practices of certain orga-nizations. 25.220 Admissions.
4、25.225 Educational institutions eligible to submit transition plans. 25.230 Transition plans. 25.235 Statutory amendments. Subpart CDiscrimination on the Basis of Sex in Admission and Recruitment Pro-hibited 25.300 Admission. 25.305 Preference in admission. 25.310 Recruitment. Subpart DDiscriminatio
5、n on the Basis of Sex in Education Programs or Activities Prohibited 25.400 Education programs or activities. 25.405 Housing. 25.410 Comparable facilities. 25.415 Access to course offerings. 25.420 Access to schools operated by LEAs. 25.425 Counseling and use of appraisal and counseling materials. 2
6、5.430 Financial assistance. 25.435 Employment assistance to students. 25.440 Health and insurance benefits and services. 25.445 Marital or parental status. 25.450 Athletics. 25.455 Textbooks and curricular material. Subpart EDiscrimination on the Basis of Sex in Employment in Education Pro-grams or
7、Activities Prohibited 25.500 Employment. 25.505 Employment criteria. 25.510 Recruitment. 25.515 Compensation. 25.520 Job classification and structure. 25.525 Fringe benefits. 25.530 Marital or parental status. 25.535 Effect of state or local law or other requirements. 25.540 Advertising. 25.545 Pre-
8、employment inquiries. 25.550 Sex as a bona fide occupational quali-fication. Subpart FProcedures 25.600 Notice of covered programs. 25.605 Enforcement procedures. AUTHORITY: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688. SOURCE: 65 FR 52865, 52894, Aug. 30, 2000, un-less otherwise noted. Subpar
9、t AIntroduction 25.100 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, 1685, 1686, 1687, 1688), which is designed to elimina
10、te (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 in these Title IX regulations. The effec-tive date
11、of these Title IX regulations shall be September 29, 2000. 25.105 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 educational agency) admission to which is independen
12、t of admission to any other component of such institu-tion. Admission means selection for part- time, full-time, special, associate, VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for Res
13、aleNo reproduction or networking permitted without license from IHS-,-,-278 49 CFR Subtitle A (10110 Edition) 25.105 transfer, exchange, or any other enroll-ment, membership, or matriculation in or at an education program or activity operated by a recipient. Applicant means one who submits an applic
14、ation, 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 Di-rector, Departmental Office of Civil Rights. Educational institution means a
15、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 undergraduate higher education, an institution of profes-sional education, or a
16、n 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 assistance: (1) A grant or loan of Federal finan-cial assistance, including funds ma
17、de available for: (i) The acquisition, construction, ren-ovation, 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 d
18、irectly 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 the fair market value of the property is not, upon such sale
19、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 the purpose of assisting the recipi-ent or in recognition of
20、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 education program or activity, except a contract of insuran
21、ce 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 lib-eral arts and sciences; (2) Awards any degree in a profes
22、-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 academic study, but operates ordinarily for
23、 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) that offers a program of aca-demic study that leads to a firs
24、t 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 than four years of college- level study beyond the high scho
25、ol 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 certifies credentials or offers degrees, but that may or may not
26、 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 pursue a technical, skilled, or semiskilled occu-pation or trade
27、, or to pursue study in a VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-279 Office of the Secretary of Tran
28、sportation 25.115 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 instru-mentality of a State or political sub-division thereof, any p
29、ublic 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 receives such assistance, including any subunit, suc-cessor, assigne
30、e, 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 904 and 906 thereof), as amend-ed by section 3 of Public Law 93568
31、, 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 regulations means the provi-sions set forth at 25.100 through 25.605. Transi
32、tion 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, 20 U.S.C. 1681(a)(2), under which an edu-cational institution operates in mak-ing the transition from being an edu-cational institution that admits only stu
33、dents of one sex to being one that admits students of both sexes without discrimination. 25.110 Remedial and affirmative ac-tion and self-evaluation. (a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education pr
34、o-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 action. In the absence of a finding of discrimination on the basis of sex in an education program or activity, a reci
35、pient 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 in these Title IX regulations shall be interpreted to alter any affirmative ac-tion obligations that a recipient may h
36、ave 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, 19661970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107
37、, 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 these Title IX regulations, its current policies and practices and the effects thereof concerning admission of students,
38、 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 policies and practices that do not or may not meet the requirements of these Title IX reg-ulations; and (3) Take appr
39、opriate 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 t
40、he evaluation re-quired under paragraph (c) of this sec-tion, and shall provide to the des-ignated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this sec-tion and of any remedial steps taken pursuant to paragraph (c)(3) of this sec-tion. 25.115
41、 Assurance required. (a) General. Either at the application stage or the award stage, Federal agen-cies must ensure that applications for Federal financial assistance or awards of Federal financial assistance contain, be accompanied by, or be covered by a specifically identified assurance from VerDa
42、te Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-280 49 CFR Subtitle A (10110 Edition) 25.120 the applicant or reci
43、pient, satisfactory to the designated agency official, that each education program or activity op-erated by the applicant or recipient and to which these Title IX regulations apply will be operated in compliance with these Title IX regulations. An as-surance of compliance with these Title IX regulat
44、ions shall not be satisfactory to the designated agency official if the applicant or recipient to whom such as-surance applies fails to commit itself to take whatever remedial action is necessary in accordance with 25.110(a) to eliminate existing discrimination on the basis of sex or to eliminate th
45、e ef-fects of past discrimination whether occurring prior to or subsequent to the submission to the designated agency official of such assurance. (b) Duration of obligation. (1) In the case of Federal financial assistance ex-tended to provide real property or structures thereon, such assurance shall
46、 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 assurance
47、shall obligate the recipient for the period during which it retains ownership or posses-sion of the property. (3) In all other cases such assurance shall obligate the recipient for the pe-riod during which Federal financial as-sistance is extended. (c) Form. (1) The assurances required by paragraph
48、(a) of this section, which may be included as part of a document that addresses other assurances or obli-gations, shall include that the appli-cant or recipient will comply with all applicable Federal statutes relating to nondiscrimination. These include but are not limited to: Title IX of the Edu-c
49、ation Amendments of 1972, as amend-ed (20 U.S.C. 16811683, 16851688). (2) The designated agency official will specify the extent to which such assurances will be required of the ap-plicants or recipients subgrantees, contractors, subcontractors, trans-ferees, or successors in interest. 25.120 Transfers of property. If a recipient sells or otherwise trans-fers property financed in whole or in part with Federal financial assistance to a transferee that ope
