Encl. (2) to COMDTINST 5350.20A
the award of such sex-restricted scholarships, fellowships, and other forms of financial
assistance does not discriminate on the basis of sex.
(2) To ensure nondiscriminatory awards of assistance as required in paragraph (b)(1) of
this section, recipients shall develop and use procedures under which:
(i) Students are selected for award of financial assistance on the basis of
nondiscriminatory criteria and not on the basis of availability of funds restricted to
members of a particular sex.
(ii) An appropriate sex-restricted scholarship, fellowship, or other form of financial
assistance is allocated to each student selected under paragraph (b)(2)(i) of this section;
and
(iii) No student is denied the award for which he or she was selected under paragraph
(b)(2)(i) of this section because of the absence of a scholarship, fellowship, or other form
of financial assistance designated for a member of that student's sex.
(c) Athletic scholarships.
(1) To the extent that a recipient awards athletic scholarships or grants-in-aid, it must
to the number of students of each sex participating in interscholastic or intercollegiate
athletics.
(2) A recipient may provide separate athletic scholarships or grants-in-aid for members
of each sex as part of separate athletic teams for members of each sex to the extent
consistent with this paragraph (c) and Sec. 17.450.
Sec. 17.435 Employment assistance to students.
(a) Assistance by recipient in making available outside employment. A recipient that
assists any agency, organization, or person in making employment available to any of its
students:
(1) Shall assure itself that such employment is made available
without discrimination on the basis of sex; and
(2) Shall not render such services to any agency, organization, or person that
discriminates on the basis of sex in its employment practices.
(b) Employment of students by recipients. A recipient that employs any of its students
shall not do so in a manner that violates Sec. Sec. 17.500 through 17.550.
Sec. 17.440 Health and insurance benefits and services.
Subject to Sec. 17.235(d), in providing a medical, hospital, accident, or life insurance
benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on
the basis of sex, or provide such benefit, service, policy, or plan in a manner that would
violate Sec. Sec. 17.500 through 17.550 if it were provided to employees of the recipient.
This section shall not prohibit a recipient from providing any benefit or service that may
be used by a different proportion of students of one sex than of the other, including
family planning services. However, any recipient that provides full coverage health
service shall provide gynecological care.
Sec. 17.445 Marital or parental status.
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