PART 86—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Authority: 20 U.S.C. 1681 through 1688; Pub. L. 100-259, 102 Stat. 28 (Mar. 22, 1988). Source: 40 FR 24137, June 4, 1975, unless otherwise noted. Subpart A—Introduction § 86.1 Purpose and effective date. The purpose of this part is to effectuate title IX of the Education Amendments of 1972, as amended by Pub. L. 93-568, 88 Stat. 1855 (except sections 904 and 906 of those Amendments) which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in this part. This part is also intended to effectuate section 844 of the Education Amendments of 1974, Pub. L. 93-380, 88 Stat. 484. The effective date of this part shall be July 21, 1975. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682, as amended by Pub. L. 93-568, 88 Stat. 1855, and sec. 844, Education Amendments of 1974, 88 Stat. 484, Pub. L. 93-380) § 86.2 Definitions. As used in this part, the term— (a) Title IX (b) Department (c) Secretary (d) Director (e) Reviewing Authority (f) Administrative law judge (g) Federal financial assistance (1) A grant or loan of Federal financial assistance, including funds made available for: (i) The acquisition, construction, renovation, 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 grant of Federal real or personal 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, 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 nominal consideration, or at consideration reduced for the purpose of assisting the recipient 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 which has as one of its purposes the provision of assistance to any education program or activity, except a contract of insurance or guaranty. (h) Program or activity program (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such a State or local government that distributes Federal financial assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship— (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in paragraph (h)(1), (2), or (3) of this section; any part of which is extended Federal financial assistance. (i) Recipient (j) Applicant (k) Educational institution (l) Institution of graduate higher education (1) Offers academic study beyond the bachelor of arts or bachelor of science degree, whether or not leading to a certificate of any higher degree in the liberal arts and sciences; or (2) Awards any degree in a professional field beyond the first professional degree (regardless of whether the first professional degree in such field is awarded by an institution of undergraduate higher education or professional education); or (3) Awards no degree and offers no further academic study, but operates ordinarily for the purpose of facilitating research by persons who have received the highest graduate degree in any field of study. (m) Institution of undergraduate higher education (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 associate degree, 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 which certifies credentials or offers degrees, but which may or may not offer academic study. (n) Institution of professional education (o) Institution of vocational education (p) Administratively separate unit (q) Admission (r) Student (s) Transition plan (Secs. 901, 902, 908, Education Amendments of 1972, 20 U.S.C. 1681, 1682, 1687) [40 FR 24137, June 4, 1975, as amended at 70 FR 24320, May 9, 2005; 85 FR 37243, June 19, 2020] § 86.3 Remedial and affirmative action and self-evaluation. (a) Remedial action. (b) Affirmative action. (c) Self-evaluation. (1) Evaluate, in terms of the requirements of this part, 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 connection with the recipient's education program or activity; (2) Modify any of these policies 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 discrimination which resulted or may have resulted from adherence to these policies and practices. (d) Availability of self-evaluation and related materials. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975] § 86.4 Assurance required. (a) General. (b) Duration of obligation. (2) In the case of Federal financial assistance extended to provide personal property, such assurance shall obligate the recipient for the period during which it retains ownership or possession of the property. (3) In all other cases such assurance shall obligate the recipient for the period during which Federal financial assistance is extended. (c) Form. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005] § 86.5 Transfers of property. If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee which operates any education program 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 Government both the transferor and the transferee shall be deemed to be recipients, subject to the provisions of subpart B of this part. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.6 Effect of other requirements. (a) Effect of other Federal provisions. et seq. (Secs. 901, 902, 905, Education Amendments of 1972, 86 Stat. 373, 374, 375; 20 U.S.C. 1681, 1682, 1685) (b) Effect of State or local law or other requirements. (c) Effect of rules or regulations of private organizations. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005] § 86.7 Effect of employment opportunities. The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the other sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.8 Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. (b) Complaint procedure of recipient. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.9 Dissemination of policy. (a) Notification of policy. (2) Each recipient shall make the initial notification required by paragraph (a) (1) of this section within 90 days of the effective date of this part or of the date this part first applies to such recipient, whichever comes later, which notification shall include publication in: (i) Local newspapers; (ii) Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and (iii) Memoranda or other written communications distributed to every student and employee of such recipient. (b) Publications. (2) A recipient shall not use or distribute a publication of the type described in this paragraph which suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by this part. (c) Distribution. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) Subpart B—Coverage § 86.11 Application. Except as provided in this subpart, this part 86 applies to every recipient and to the education program or activity operated by such recipient which receives Federal financial assistance. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005] § 86.12 Educational institutions controlled by religious organizations. (a) Application. (b) Exemption. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.13 Military and merchant marine educational institutions. This part does not apply to an educational institution whose primary purpose is the training of individuals for a military service of the United States or for the merchant marine. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.14 Membership practices of certain organizations. (a) Social fraternities and sororities. (b) YMCA, YWCA, Girl Scouts, Boy Scouts and Camp Fire Girls. (c) Voluntary youth service organizations. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682; sec. 3(a) of Pub. L. 93-568, 88 Stat. 1862 amending sec. 901) § 86.15 Admissions. (a) Admissions to educational institutions prior to June 24, 1973, are not covered by this part. (b) Administratively separate units. (c) Application of subpart C. (d) Educational institutions. (e) Public institutions of undergraduate higher education. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975] § 86.16 Educational institutions eligible to submit transition plans. (a) Application. (1) Admitted only students of one sex as regular students as of June 23, 1972; or (2) Admitted only students of one sex as regular students as of June 23, 1965, but thereafter admitted as regular students, students of the sex not admitted prior to June 23, 1965. (b) Provision for transition plans. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.17 Transition plans. (a) Submission of plans. (b) Content of plans. (1) State the name, address, and Federal Interagency Committee on Education (FICE) Code of the educational institution submitting such plan, the administratively separate units to which the plan is applicable, and the name, address, and telephone number of the person to whom questions concerning the plan may be addressed. The person who submits the plan shall be the chief administrator or president of the institution, or another individual legally authorized to bind the institution to all actions set forth in the plan. (2) State whether the educational institution or administratively separate unit admits students of both sexes, as regular students and, if so, when it began to do so. (3) Identify and describe with respect to the educational institution or administratively separate unit any obstacles to admitting students without discrimination on the basis of sex. (4) Describe in detail the steps necessary to eliminate as soon as practicable each obstacle so identified and indicate the schedule for taking these steps and the individual directly responsible for their implementation. (5) Include estimates of the number of students, by sex, expected to apply for, be admitted to, and enter each class during the period covered by the plan. (c) Nondiscrimination. (d) Effects of past exclusion. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975] § 86.18 Amendments to conform to statutory exemptions. (a) Nothing in this part shall be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion. (b) Nothing in this part shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in the preceding sentence shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion. (c) This part shall be construed consistently with, as applicable, the First Amendment to the Constitution, Title IX's religious exemptions (20 U.S.C. 1681(a)(3) and 1687(4)), the Religious Freedom Restoration Act (42 U.S.C. 2000b et seq. e.g., e.g., e.g., [85 FR 37243, June 19, 2020] §§ 86.19-86.20 [Reserved] Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited § 86.21 Admission. (a) General. (b) Specific prohibitions. (i) Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise; (ii) Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or (iii) Otherwise treat one individual differently from another on the basis of sex. (2) A recipient shall not administer or operate any test or other criterion for admission which has a disproportionately adverse effect on persons on the basis of sex unless the use of such test or criterion is shown to predict validly success in the education program or activity in question and alternative tests or criteria which do not have such a disproportionately adverse effect are shown to be unavailable. (c) Prohibitions relating to marital or parental status. (1) Shall not apply any rule concerning the actual or potential parental, family, or marital status of a student or applicant which treats persons differently on the basis of sex; (2) Shall not discriminate against or exclude any person on the basis of pregnancy, childbirth, termination of pregnancy, or recovery therefrom, or establish or follow any rule or practice which so discriminates or excludes; (3) Shall treat disabilities related to pregnancy, childbirth, termination of pregnancy, or recovery therefrom in the same manner and under the same policies as any other temporary disability or physical condition; and (4) Shall not make pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss” or “Mrs.” A recipient may make pre-admission inquiry as to the sex of an applicant for admision, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by this part. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.22 Preference in admission. A recipient to which this subpart applies shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity which admits as students or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of this subpart. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.23 Recruitment. (a) Nondiscriminatory recruitment. (b) Recruitment at certain institutions. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) §§ 86.24-86.30 [Reserved] Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited § 86.31 Education programs or activities. (a) General. (b) Specific prohibitions. (1) Treat one person differently from another in determining whether such person 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, or services 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 or applicant, including eligibility for in-State fees and tuition; (6) Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students or employees; (7) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity. (c) Assistance administered by a recipient educational institution to study at a foreign institution. Provided, (d) Aid, benefits, or services not provided by recipient. (2) Such recipient; (i) Shall develop and implement a procedure designed to assure itself that the operator or sponsor of such other education program or activity takes no action affecting any applicant, student, or employee of such recipient which this part would prohibit such recipient from taking; and (ii) Shall not facilitate, require, permit, or consider such participation if such action occurs. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005; 85 FR 37244, June 19, 2020] § 86.32 Housing. (a) Generally. (b) Housing provided by recipient. (2) Housing provided by a recipient to students of one sex, when compared to that provided to students of the other sex, shall be as a whole: (i) Proportionate in quantity to the number of students of that sex applying for such housing; and (ii) Comparable in quality and cost to the student. (c) Other housing. (2) A recipient which, through solicitation, listing, approval of housing, or otherwise, assists any agency, organization, or person in making housing available to any of its students, shall take such reasonable action as may be necessary to assure itself that such housing as is provided to students of one sex, when compared to that provided to students of the other sex, is as a whole: (i) Proportionate in quantity and (ii) comparable in quality and cost to the student. A recipient may render such assistance to any agency, organization, or person which provides all or part of such housing to students only of one sex. (Secs. 901, 902, 907, Education Amendments of 1972, 86 Stat. 373, 374, 375; 20 U.S.C. 1681, 1682, 1686) § 86.33 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374) § 86.34 Access to course offerings. A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses. (a) With respect to classes and activities in physical education at the elementary school level, the recipient shall comply fully with this section as expeditiously as possible but in no event later than one year from the effective date of this regulation. With respect to physical education classes and activities at the secondary and post-secondary levels, the recipient shall comply fully with this section as expeditiously as possible but in no event later than three years from the effective date of this regulation. (b) This section does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex. (c) This section does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact. (d) Where use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the recipient shall use appropriate standards which do not have such effect. (e) Portions of classes in elementary and secondary schools which deal exclusively with human sexuality may be conducted in separate sessions for boys and girls. (f) Recipients may make requirements based on vocal range or quality which may result in a chorus or choruses of one or predominantly one sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.35 Access to schools operated by L.E.A.s. A recipient which is a local educational agency shall not, on the basis of sex, 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, unless such recipient otherwise makes available to such person, pursuant to the same policies and criteria of admission, courses, services, and facilities comparable to each course, service, and facility offered in or through such schools. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.36 Counseling and use of appraisal and counseling materials. (a) Counseling. (b) Use of appraisal and counseling materials. (c) Disproportion in classes. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.37 Financial assistance. (a) General. (b) Financial aid established by certain legal instruments. Provided, (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 of nondiscriminatory criteria and not on the basis of availability of funds restricted to members of a particular sex; (ii) An appropriate sex-restricted scholarship, fellowship, or other form of financial 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 under paragraph (b)(2)(i) of this section because of the absence of a scholarship, fellowship, or other form of financial assistance designated for a member of that student's sex. (c) Athletic scholarships. (2) Separate athletic scholarships or grants-in-aid for members of each sex may be provided as part of separate athletic teams for members of each sex to the extent consistent with this paragraph and § 86.41. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682; and sec. 844, Education Amendments of 1974, Pub. L. 93-380, 88 Stat. 484) [40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975] § 86.38 Employment assistance to students. (a) Assistance by recipient in making available outside employment. (1) Shall assure itself that such employment is made available without discrimination on the basis of sex; and (2) Shall not render such services to any agency, organization, or person which discriminates on the basis of sex in its employment practices. (b) Employment of students by recipients. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.39 Health and insurance benefits and services. In providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner which would violate Subpart E of this part if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service which may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient which provides full coverage health service shall provide gynecological care. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.40 Marital or parental status. (a) Status generally. (b) Pregnancy and related conditions. (2) A recipient may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation so long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician. (3) A recipient which operates a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section shall ensure that the separate portion is comparable to that offered to non-pregnant students. (4) A recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan or policy which such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient's educational program or activity. (5) In the case of a recipient which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005] § 86.41 Athletics. (a) General. (b) Separate teams. (c) Equal opportunity. (1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes; (2) The provision of equipment and supplies; (3) Scheduling of games and practice time; (4) Travel and per diem allowance; (5) Opportunity to receive coaching and academic tutoring; (6) Assignment and compensation of coaches and tutors; (7) Provision of locker rooms, practice and competitive facilities; (8) Provision of medical and training facilities and services; (9) Provision of housing and dining facilities and services; (10) Publicity. Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but the Director may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex. (d) Adjustment period. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682; and sec. 844, Education Amendments of 1974, Pub. L. 93-380, 88 Stat. 484) [40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975] § 86.42 Textbooks and curricular material. Nothing in this regulation shall be interpreted as requiring or prohibiting or abridging in any way the use of particular textbooks or curricular materials. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) §§ 86.43-86.50 [Reserved] Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited § 86.51 Employment. (a) General. (2) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way which could adversely affect any applicant's or employee's employment opportunities or status because of sex. (3) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by this subpart, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient. (4) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity which admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of this part. (b) Application. (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, right of return from layoff, and rehiring; (3) Rates of pay or any other form of compensation, and changes in compensation; (4) Job assignments, classifications and structure, including position descriptions, 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 of either sex to care for children or dependents, or any other leave; (7) Fringe benefits available by virtue of employment, whether or not administered by the recipient; (8) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training; (9) Employer-sponsored activities, including those that are social or recreational; and (10) Any other term, condition, or privilege of employment. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005] § 86.52 Employment criteria. A recipient shall not administer or operate any test or other criterion for any employment opportunity which has a disproportionately adverse effect on persons on the basis of sex unless: (a) Use of such test or other criterion is shown to predict validly successful performance in the position in question; and (b) Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.53 Recruitment. (a) Nondiscriminatory recruitment and hiring. (b) Recruitment patterns. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.54 Compensation. A recipient shall not make or enforce any policy or practice which, on the basis 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 less than that paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.55 Job classification and structure. 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, or job requirements which classify persons on the basis of sex, unless sex is a bona-fide occupational qualification for the positions in question as set forth in § 86.61. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24128, June 4, 1975; 40 FR 39506, Aug. 28, 1975] § 86.56 Fringe benefits. (a) Fringe benefits fringe benefits (b) Prohibitions. (1) Discriminate on the basis of sex with regard to making fringe benefits available 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 which does not provide either for equal periodic benefits for members of each sex, or for equal contributions to the plan by such recipient for members of each sex; or (3) Administer, operate, offer, or participate in a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex or which otherwise discriminates in benefits on the basis of sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.57 Marital or parental status. (a) General. (1) Concerning the potential marital, parental, or family status of an employee or applicant for employment which treats persons differently on the basis of sex; or (2) Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee's or applicant's family unit. (b) Pregnancy. (c) Pregnancy as a temporary disability. (d) Pregnancy leave. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.58 Effect of State or local law or other requirements. (a) Prohibitory requirements. (b) Benefits. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.59 Advertising. A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona-fide (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.60 Pre-employment inquiries. (a) Marital status. (b) Sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) § 86.61 Sex as a bona-fide occupational qualification. A recipient may take action otherwise prohibited by this subpart provided it is shown that sex is a bona-fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section which is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one sex. (Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) §§ 86.62-86.70 [Reserved] Subpart F—Procedures [Interim] § 86.71 Enforcement procedures. For the purposes of implementing this part, the procedural provisions applicable to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) are hereby adopted and incorporated herein by reference. These procedures may be found at 45 CFR 80.6 through 80.11 and 45 CFR part 81. [85 FR 37244, June 19, 2020] Subject Index to Title IX Preamble and Regulation 1 1 A Access to Course Offerings [43, 55, 56, 57, 58]; 86.34 Access to Schools Operated by LEA's, [44]; 86.35 Admissions, [5, 6, 30]; 86.15, 86.21 Affirmative and remedial action, [16, 17, 24]; 86.3 (a), (b) Administratively separate units, [30];86.15(b), 86.2(o) Educational Institutions, [30], 86.15(d), 86.2(n) General, 86.21(a), 86.2(p), Prohibitions relating to marital and parental status, [32, 36]; 86.21(c) Professional schools, [30], 86.2(m) Public institutions of undergraduate higher education, 86.15(e) Recruitment, [34, 35]; 86.23 Specific prohibitions, 86.21(b) Tests, [31]; 86.21(b)(2) Preference in admission, [35]; 86.22 Advertising, 86.59 Affirmative Action, see “Remedial and Affirmative Actions” Assistance to “outside” discriminatory organizations, [40, 53]; 86.31(b)(7), (c) Assurances, [18]; 86.4 Duration of obligation, 86.4(b) Form, 86.4(c) Athletics, [69 to 78]; 86.41 Adjustment period, [78]; 86.41(d) Contact sport defined, 86.41(d) Equal opportunity, [76, 77]; 86.41(d) Determining factors, 86.41(c) (i) to (x) Equipment, 86.41(c) Expenditures, 86.41(c) Facilities, 86.41(c) Travel, 86.41(c) Scholarships, [64, 65]; 86.37(d) General, [69, 70, 71, 72, 73, 74, 75]; 86.41(a) Separate teams, [75]; 86.41(b) B BFOQ, [96]; 86.61 C Comparable facilities Housing, [42, 54]; 86.32 Other, 86.33, 86.35(b) Compensation, [84, 87, 92]; 86.54 Counseling Disproportionate classes, [45, 59]; 86.36(c) General, [45, 59]; 86.36(a) Materials, [45, 59]; 86.36(b) Course Offerings Adjustment period, [55]; 86.34(a) (i) General, [7, 43]; 86.34 Music classes, [43]; 86.34(f) Physical education, [43, 56, 58]; Sex education, [43, 57]; 86.34(e) Coverage, [5]; 86.11 to 86.17 Exemptions Curricular materials, [52]; 86.42(a) D Definitions, [14, 15]; 86.2(a) to (r) Designation of responsible employee, [20, 22]; 86.8(a), (b) Dissemination of policy, [21]; 86.9 Distribution, 86.9(c) Notification of policy, [21]; 86.9(a) Publications, 86.9(b) Dress codes 86.31(b) (4) E Education Institutions Controlled by religious organizations, 86.12 Application, [28, 29]; 86.12(a) Exemption, [26]; 86.12(b) Education Program and Activities Benefiting from Federal financial assistance, [10, 11]; 86.11 General, [10, 11, 53]; 86.31(a) Programs not operated by recipient, [41, 54]; 86.31(c) Specific prohibitions, [38, 39, 40, 53]; 86.31 (b) Effective Date, [3] Employee responsible for Title IX, see “Designation of Responsible Employee” Employment Advertising, 86.59 Application, 86.51(b) Compensation, [84, 92]; 86.54 Employment criteria, 86.52 Fringe benefits, [88, 89]; 86.56 General, [81, 82, 87]; 86.51 Job Classification and Structure, 86.55 Marital and Parental Status, 86.57 Pregnancy, [85, 93]; 86.57(b) Pregnancy as Temporary Disability, [85, 93]; 86.57(c) Pregnancy Leave, [85, 93, 94]; 86.57(d) Pre-Employment Inquiry Recruitment, [83, 90, 91, 95] Sex as a BFOQ, [96]; 86.61 Student Employment, [66]; 86.38 Tenure, 86.51(b) (2) Exemptions, [5, 27, 28, 29, 30, 53]; 86.12(b), 86.13, 86.14, 86.15(a), 86.15(d), 86.16 F Federal Financial Assistance, 86.2(a) Financial Assistance to students, [46, 60, 61]; 86.37 Athletic Scholarships, [46, 64, 65]; 86.37(d) Foreign institutions, study at [63]; 86.31(c) General, 86.37 Non-need scholarships, [62]; 86.37(b) Pooling of sex-restrictive, [46, 61, 62]; 86.37(b) Sex-restrictive assistance through foreign or domestic wills [46, 61, 62]; 86.37(b) Foreign Scholarships, see “Financial assistance” 86.37 and “Assistance to ‘outside’ discriminatory organizations”, 86.31(c) Fraternities/Sororities Social, [53, 27, 28]; 86.14(a) Business/professional, [40, 53, 27, 28]; 86.31(b) (7) Honor societies, [40, 53]; 86.31(b) (7) Fringe benefits, [67, 88, 89]; 86.56, 86.39 Part-time employees, [89] G Grievance Procedure, see “Designation of responsible employee”, 86.8(a) (b) H Health and Insurance Benefits and Services, [67, 88, 93]; 86.39, 86.56 Honor societies, [40, 53]; 86.31(b) (7) Housing, 86.32 Generally, [42]; 86.32(b) Provided by recipient, 86.32(b) Other housing, [54]; 86.32(c) J Job Classification and Structure, 86.55 L LEA's, [44]; 86.35 M Marital and Parental Status Employment General, [85, 93, 94]; 86.57 Pregnancy, [85, 93, 94]; 86.57(b) Pregnancy as a temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) Students General, [49]; 86.40(a) (b) Pregnancy and related conditions, [50]; 86.40(b) (1) (2) (3) (4) (5) Class participation, [50]; 86.40(b) (1) Physician certification, [50]; 86.40(b) (2) Special classes, [50]; 86.40(b) (3) Temporary leave, [50]; 86.40(b) (4) (5) Membership Practices of Social fraternities and sororities, [27, 28, 53]; 86.14(a) Voluntary youth service organizations, [27, 28, 53]; 86.14(c) YMCA, YWCA and others, [27, 28, 53]; 86.14(b) Military and Merchant Marine Educational Institutions, [29]; 86.13 P Pooling, see “Financial Assistance”, 86.37 Pre-employment Inquiries Marital status, [86, 95]; 86.60(a) Sex, 86.60(b) Preference in Admissions, [35]; 86.22 See also “Remedial and Affirmative Action” Pregnancy, Employment General, [85, 93, 94]; 86.57 Pregnancy, [85, 93, 94]; 86.57(b) Pregnancy as temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) Students General, [49, 50]; 86.40(a) and (b) Pregnancy and related conditions; [50]; 86.40(b) (1) to (5) Class Participation, [50, 55, 58]; 86.40(b) (1) Physical certification, [50]; 86.40(b) (2) Special class, [50]; 86.40 (b) (3) Temporary leave, [50]; 86.40(b) (4), (5) Private Undergraduate Professional Schools, [30]; 86.15(d) Purpose of Regulation, [13]; 86.1 R Real Property, 86.2(g) Recruitment Employment Nondiscrimination, [83, 91]; 86.53(a) Patterns, 86.53(b) Student Nondiscrimination, [34, 35]; 86.23(a) Recruitment at certain institutions, 86.23 (b) Religious Organizations Application, [29, 28]; 86.12(a) Exemption, [26]; 86.12(b) Remedial and Affirmative Actions, [16, 17, 24]; 86.3 S Scholarships, see “Financial Assistance”, 86.37 Self-evaluation, [16, 22]; 86.3(c) (d) Surplus Property (see Transfer of Property 86.5) Duration of obligation 86.4(b) Real Property 86.4(b) (1) T Textbooks and curricular materials, [52, 79, 80]; 86.42 Termination of funds, [10, 11] Transfer of property, 86.5 Transition Plans Content of plans, 86.17(b) Different from Adjustment period, [78]; 86.41(d) Submission of plans, 86.17(a)