Encl. (2) to COMDTINST 5350.20A
(a) General. Either at the application stage or the award stage, Federal agencies 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 the applicant or recipient, satisfactory to the designated agency official,
that each education program or activity operated by the applicant or recipient and to
which these Title IX regulations apply will be operated in compliance with these Title IX
regulations. An assurance of compliance with these Title IX regulations shall not be
satisfactory to the designated agency official if the applicant or recipient to whom such
assurance applies fails to commit itself to take whatever remedial action is necessary in
accordance with Sec. 17.110(a) to eliminate existing discrimination on the basis of sex or
to eliminate the effects 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 extended 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 activity.
(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
(3) In all other cases such assurance shall obligate the recipient for the period during
which Federal financial assistance is extended.
(c) Form. (1) The assurances required by paragraph (a) of this section, which may be
included as part of a document that addresses other assurances or obligations, shall
include that the applicant or recipient will comply with all applicable Federal statutes
relating to
nondiscrimination. These include but are not limited to: Title IX of
the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683,
1685-1688).
(2) The designated agency official will specify the extent to which such assurances will
be required of the applicant's or recipient's subgrantees, contractors, subcontractors,
transferees, or successors in interest.
Sec. 17.120 Transfers of property.
If a recipient sells or otherwise transfers property financed in whole or in part with
Federal financial assistance to a transferee that 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 Sec. Sec.
17.205 through 17.235(a).
Sec. 17.125 Effect of other requirements.
(a) Effect of other Federal provisions. The obligations imposed by these Title IX
regulations are independent of, and do not alter, obligations not to discriminate on the
basis of sex imposed by
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