Encl. (2) to COMDTINST 5350.20A
(a) Nondiscriminatory recruitment. A recipient to which Sec. Sec. 17.300 through
17.310 apply shall not discriminate on the basis of sex in the recruitment and admission
of students. A recipient may be required to undertake additional recruitment efforts for
one sex as remedial action pursuant to Sec. 17.110(a), and may choose to undertake such
efforts as affirmative action pursuant to Sec. 17.110(b).
(b) Recruitment at certain institutions. A recipient to which Sec. Sec. 17.300 through
17.310 apply shall not recruit primarily or exclusively at educational institutions, schools,
or entities that admit as students only or predominantly members of one sex, if such
actions have the effect of discriminating on the basis of sex in violation of Sec. Sec.
17.300 through 17.310.
Subpart D--Discrimination on the Basis of Sex in Education Programs or Activities
Prohibited
Sec. 17.400 Education programs or activities.
(a) General. Except as provided elsewhere in these Title IX regulations, no person
shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any academic, extracurricular, research,
occupational training, or other education program or activity operated by a recipient that
receives Federal financial assistance. Sections 17.400 through 17.455 do not apply to
actions of a recipient in connection with admission of its students to an education
program or activity of a recipient to which Sec. Sec. 17.300 through 17.310 do not apply,
or an entity, not a recipient, to which Sec. Sec. 17.300 through 17.310 would not apply if
the entity were a recipient.
(b) Specific prohibitions. Except as provided in Sec. Sec. 17.400 through 17.455, in
providing any aid, benefit, or service to a student, a recipient shall not, on the basis of
sex:
(1) Treat one person differently from another in determining whether such person
satisfies any requirement or condition for the provision of such aid, benefit, or service;
(2) Provide different aid, benefits, or services or provide aid, benefits, or services in a
different manner;
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(3) Deny any person any such aid, benefit, or service;
(4) Subject any person to separate or different rules of behavior, sanctions, or other
treatment;
(5) Apply any rule concerning the domicile or residence of a student or applicant,
including eligibility for in-state fees and tuition;
(6) Aid or perpetuate discrimination against any person by providing significant
assistance to any agency, organization, or person that discriminates on the basis of sex in
providing any aid, benefit, or service to students or employees; or
(7) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or
opportunity.
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