Encl. (2) to COMDTINST 5350.20A
(b) Any other school or educational unit operated by such recipient, unless such
recipient otherwise makes available to such person, pursuant to the same policies and
criteria of admission, courses, services, and facilities comparable to each course, service,
and facility offered in or through such schools.
Sec. 17.425 Counseling and use of appraisal and counseling materials.
(a) Counseling. A recipient shall not discriminate against any person on the basis of
sex in the counseling or guidance of students or applicants for admission.
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(b) Use of appraisal and counseling materials. A recipient that uses testing or other
materials for appraising or counseling students shall not use different materials for
students on the basis of their sex or use materials that permit or require different
treatment of students on such basis unless such different materials cover the same
occupations and interest areas and the use of such different materials is shown to be
essential to eliminate sex bias. Recipients shall develop and use internal procedures for
ensuring that such materials do not discriminate on the basis of sex. Where the use of a
counseling test or other instrument results in a substantially disproportionate number of
members of one sex in any particular course of study or classification, the recipient shall
take such action as is necessary to assure itself that such disproportion is not the result of
discrimination in the instrument or its application.
(c) Disproportion in classes. Where a recipient finds that a particular class contains a
substantially disproportionate number of individuals of one sex, the recipient shall take
such action as is necessary to assure itself that such disproportion is not the result of
discrimination on the basis of sex in counseling or appraisal materials or by counselors.
Sec. 17.430 Financial assistance.
(a) General. Except as provided in paragraphs (b) and (c) of this section, in providing
financial assistance to any of its students, a recipient shall not:
(1) On the basis of sex, provide different amounts or types of such assistance, limit
eligibility for such assistance that is of any particular type or source, apply different
criteria, or otherwise discriminate;
(2) Through solicitation, listing, approval, provision of facilities, or other services,
assist any foundation, trust, agency, organization, or person that provides assistance to
any of such recipient's students in a manner that discriminates on the basis of sex; or
(3) Apply any rule or assist in application of any rule concerning eligibility for such
assistance that treats persons of one sex differently from persons of the other sex with
regard to marital or parental status.
(b) Financial aid established by certain legal instruments. (1) A recipient may
administer or assist in the administration of scholarships, fellowships, or other forms of
financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or
similar legal instruments or by acts of a foreign government that require that awards be
made to members of a particular sex specified therein; Provided, that the overall effect of
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