Subpart C--Discrimination on the Basis of Sex in Admission and Recruitment Prohibited

Encl. (2) to COMDTINST 5350.20A

(B) The entity of such State or local government that distributes such 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;

(ii)(A) A college, university, or other postsecondary institution, or a public system of

higher education; or

(B) A local educational agency (as defined in 20 U.S.C. 8801), system of vocational

education, or other school system;

(iii)(A) An entire corporation, partnership, or other private organization, or an entire

sole proprietorship:

(1) If assistance is extended to such corporation, partnership, private organization, or

sole proprietorship as a whole; or

(2) Which is principally engaged in the business of providing education, health care,

housing, social services, or parks and recreation; or

(B) The entire plant or other comparable, geographically separate facility to which

Federal financial assistance is extended, in the case of

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any other corporation, partnership, private organization, or sole proprietorship; or (iv)

Any other entity that is established by two or more of the entities described in paragraphs

(c)(1)(i), (ii), or (iii) of this section.

(2)(i) Program or activity does not include any operation of an entity that is controlled

by a religious organization if the application of 20 U.S.C. 1681 to such operation would

not be consistent with the religious tenets of such organization.

(ii) For example, all of the operations of a college, university, or other postsecondary

institution, including but not limited to traditional educational operations, faculty and

student housing, campus shuttle bus service, campus restaurants, the bookstore, and other

commercial activities are part of a program or activity subject to these Title IX

regulations if the college, university, or other institution receives Federal financial

assistance.

(d)(1) Nothing in these Title IX regulations 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. Medical procedures, benefits,

services, and the use of facilities, necessary to save the life of a pregnant woman or to

address complications related to an abortion are not subject to this section.

(2) Nothing in this section 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. Accordingly, subject to paragraph (d)(1) of

this section, no person shall be excluded from participation in, be denied the benefits of,

or be subjected to discrimination under any academic, extracurricular, research,

occupational training, employment, or other educational program or activity operated by

a recipient that receives Federal financial assistance because such individual has sought

or received, or is seeking, a legal abortion, or any benefit or service related to a legal

abortion.

Subpart C--Discrimination on the Basis of Sex in Admission and Recruitment Prohibited