Encl. (2) to COMDTINST 5350.20A
sport for members of one sex but operates or sponsors no such team for members of the
other sex, and athletic opportunities for members of that sex have previously been
limited, members of the excluded sex must be allowed to try out for the team offered
unless the sport involved is a contact sport. For the purposes of these Title IX regulations,
contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and
other sports the purpose or major activity of which involves bodily contact.
(c) Equal opportunity. (1) A recipient that operates or sponsors interscholastic,
intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for
members of both sexes. In determining whether equal opportunities are available, the
designated agency official will consider, among other factors:
(i) Whether the selection of sports and levels of competition effectively accommodate
the interests and abilities of members of both sexes;
(ii) The provision of equipment and supplies;
(iii) Scheduling of games and practice time;
(iv) Travel and per diem allowance;
(v) Opportunity to receive coaching and academic tutoring;
(vi) Assignment and compensation of coaches and tutors;
(vii) Provision of locker rooms, practice, and competitive facilities;
(viii) Provision of medical and training facilities and services;
(ix) Provision of housing and dining facilities and services; and
(x) Publicity.
(2) For purposes of paragraph (c)(1) of this section, unequal aggregate expenditures for
members of each sex or unequal expenditures for male and female teams if a recipient
operates or sponsors separate teams will not constitute noncompliance with this section,
but the designated agency official may consider the failure to provide necessary funds for
teams for one sex in assessing equality of opportunity for members of each sex.
(d) Adjustment period. A recipient that operates or sponsors interscholastic,
intercollegiate, club, or intramural athletics at the elementary school level shall comply
fully with this section as expeditiously as possible but in no event later than one year
from March 6, 2003. A recipient that operates or sponsors interscholastic, intercollegiate,
club, or intramural athletics at the secondary or postsecondary school level shall comply
fully with this section as expeditiously as possible but in no event later than three years
from March 6, 2003.
Sec. 17.455 Textbooks and curricular material.
Nothing in these Title IX regulations shall be interpreted as requiring or prohibiting or
abridging in any way the use of particular textbooks or curricular materials.
Subpart E--Discrimination on the Basis of Sex in Employment in Education Programs or
Activities Prohibited
Sec. 17.500 Employment.
(a) General. (1) No person shall, on the basis of sex, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination in employment, or
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