Encl. (2) to COMDTINST 5350.20A
Sec. 17.300 Admission.
(a) General. No person shall, on the basis of sex, be denied admission, or be subjected
to discrimination in admission, by any recipient to which Sec. Sec. 17.300 through
17.310 apply, except as provided in Sec. Sec. 17.225 and 17.230.
(b) Specific prohibitions. (1) In determining whether a person satisfies any policy or
criterion for admission, or in making any offer of admission, a recipient to which Sec.
Sec. 17.300 through 17.310 apply shall not:
(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
that 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 that do not have such a
disproportionately adverse effect are shown to be unavailable.
(c) Prohibitions relating to marital or parental status. In determining whether a person
satisfies any policy or criterion for admission, or in making any offer of admission, a
recipient to which Sec. Sec. 17.300 through 17.310 apply:
(1) Shall not apply any rule concerning the actual or potential parental, family, or
marital status of a student or applicant that 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 that so discriminates or excludes;
(3) Subject to Sec. 17.235(d), 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 admission, 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 these Title IX regulations.
Sec. 17.305 Preference in admission.
A recipient to which Sec. Sec. 17.300 through 17.310 apply shall not give preference
to applicants for admission, on the basis of attendance at any educational institution or
other school or entity that admits as students only 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 Sec. Sec. 17.300 through 17.310.
Sec. 17.310 Recruitment.
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