Encl. (2) to COMDTINST 5350.20A
(c) Assistance administered by a recipient educational institution to study at a foreign
institution. A recipient educational institution may administer or assist in the
administration of scholarships, fellowships, or other awards established by foreign or
domestic wills, trusts, or similar legal instruments, or by acts of foreign governments and
restricted to members of one sex, that are designed to provide opportunities to study
abroad, and that are awarded to students who are already matriculating at or who are
graduates of the recipient institution; Provided, that a recipient educational institution that
administers or assists in the administration of such scholarships, fellowships, or other
awards that are restricted to members of one sex provides, or otherwise makes available,
reasonable opportunities for similar studies for members of the other sex. Such
opportunities may be derived from either domestic or foreign sources.
(d) Aids, benefits or services not provided by recipient. (1) This paragraph (d) applies
to any recipient that requires participation by any applicant, student, or employee in any
education program or activity not operated wholly by such recipient, or that facilitates,
permits, or considers such participation as part of or equivalent to an education program
or activity operated by such recipient, including participation in educational consortia and
cooperative employment and student-teaching assignments.
(2) Such recipient:
(i) Shall develop and implement a procedure designed to assure itself that the operator
or sponsor of such other education program or activity takes no action affecting any
applicant, student, or employee of such recipient that these Title IX regulations would
prohibit such recipient from taking; and
(ii) Shall not facilitate, require, permit, or consider such participation if such action
occurs.
Sec. 17.405 Housing.
(a) General. A recipient shall not, on the basis of sex, apply different rules or
regulations, impose different fees or requirements, or offer different services or benefits
related to housing, except as provided in this section (including housing provided only to
married students).
(b) Housing provided by recipient. (1) A recipient may provide separate housing on the
basis of sex.
(2) Housing provided by a recipient to students of one sex, when compared to that
provided to students of the other sex, shall be as a whole:
(i) Proportionate in quantity to the number of students of that sex applying for such
housing; and
(ii) Comparable in quality and cost to the student.
(c) Other housing. (1) A recipient shall not, on the basis of sex, administer different
policies or practices concerning occupancy by its students of housing other than that
provided by such recipient.
(2)(i) A recipient which, through solicitation, listing, approval of housing, or
otherwise, assists any agency, organization, or person in making housing available to any
of its students, shall take such reasonable action as may be necessary to assure itself that
such housing as is provided to students of one sex, when compared to that provided to
students of the other sex, is as a whole:
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