Encl. (2) to COMDTINST 5350.20A
[[Page 10894]]
section 3 of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 1685,
1686, 1687, 1688).
(q) Title IX regulations means the provisions of this part.
(r) Transition plan means a plan subject to the approval of the Secretary of Education
pursuant to section 901(a)(2) of the EducationAmendments of 1972 (20 U.S.C.
1681(a)(2)), under which an educational institution operates in making the transition from
being an educational institution that admits only students of one sex to being one that
admits students of both sexes without discrimination.
Sec. 17.110 Remedial and affirmative action 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 program or activity,
such recipient shall take such remedial action as the designated agency official deems
necessary 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 recipient may take affirmative action consistent
with law to overcome the effects of conditions that resulted in limited participation
therein by persons of a particular sex. Nothing in these Title IX regulations shall be
interpreted to alter any affirmative action obligations that a recipient may have under
Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive
Order 11375, 3 CFR, 1966-1970 Comp., p.684; as amended by Executive Order 11478, 3
CFR, 1966-1970 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 March
6, 2003:
(1) Evaluate, in terms of the requirements of these 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
connection with the recipient's education program or activity;
(2) Modify any of these policies and practices that do not or may not meet the
requirements of these Title IX regulations; and
(3) Take appropriate remedial steps to eliminate the effects of any discrimination that
resulted or may have resulted from adherence to these policies and practices.
(d) Availability of self-evaluation and related materials. Recipients shall maintain on
file for at least three years following completion of the evaluation required under
paragraph (c) of this section, and shall provide to the designated agency official upon
request, a description of any modifications made pursuant to paragraph (c)(2) of this
section and of any remedial steps taken pursuant to paragraph (c)(3) of this section.
Sec. 17.115 Assurance required.
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