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Title 45: Public Welfare
PART 86—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

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Subpart F—Procedures [Interim]

§ 86.71   Interim procedures.

For the purposes of implementing this part during the period between its effective date and the final issuance by the Department of a consolidated procedural regulation applicable to title IX and other civil rights authorities administered by the Department, the procedural provisions applicable to title VI of the Civil Rights Act of 1964 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.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)

Subject Index to Title IX Preamble and Regulation¹

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)

Appendix A to Part 86—Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Education Programs [Note]

Note: For the text of these guidelines, see 45 CFR Part 80, Appendix B.

[44 FR 17168, Mar. 21, 1979]

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