45 C.F.R. § 80.5

Illustrative application

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The following examples will illustrate the programs aided by Federal financial assistance of the Department. (In all cases the discrimination prohibited is discrimination on the ground of race, color, or national origin prohibited by Title VI of the Act and this regulation, as a condition of the receipt of Federal financial assistance).

(a) In federally assisted programs for the provision of health or welfare services, discrimination in the selection or eligibility of individuals to receive the services, and segregation or other discriminatory practices in the manner of providing them, are prohibited. This prohibition extends to all facilities and services provided by the grantee or, if the grantee is a State, by a political subdivision of the State. It extends also to services purchased or otherwise obtained by the grantee (or political subdivision) from hospitals, nursing homes, schools, and similar institutions for beneficiaries of the program, and to the facilities in which such services are provided, subject, however, to the provisions of § 80.3(e).

(b) In federally-affected area assistance (Pub. L. 815 and Pub. L. 874) for construction aid and for general support of the operation of elementary or secondary schools, or in more limited support to such schools such as for the acquisition of equipment, the provision of vocational education, or the provision of guidance and counseling services, discrimination by the recipient school district in any of its elementary or secondary schools in the admission of students, or in the treatment of its students in any aspect of the educational process, is prohibited. In this and the following illustrations the prohibition of discrimination in the treatment of students or other trainees includes the prohibition of discrimination among the students or trainees in the availability or use of any academic, dormitory, eating, recreational, or other facilities of the grantee or other recipient.

(c) In a research, training, demonstration, or other grant to a university for activities to be conducted in a graduate school, discrimination in the admission and treatment of students in the graduate school is prohibited, and the prohibition extends to the entire university.

(d) In a training grant to a hospital or other nonacademic institution, discrimination is prohibited in the selection of individuals to be trained and in their treatment by the grantee during their training. In a research or demonstration grant to such an institution discrimination is prohibited with respect to any educational activity and any provision of medical or other services and any financial aid to individuals incident to the program.

(e) In grants to assist in the construction of facilities for the provision of health, educational or welfare services, assurances will be required that services will be provided without discrimination, to the same extent that discrimination would be prohibited as a condition of Federal operating grants for the support of such services. Thus, as a condition of grants for the construction of academic, research, or other facilities at institutions of higher education, assurances will be required that there will be no discrimination in the admission or treatment of students. In case of hospital construction grants the assurance will apply to patients, to interns, residents, student nurses, and other trainees, and to the privilege of physicians, dentists, and other professionally qualified persons to practice in the hospital, and will apply to the entire facility for which, or for a part of which, the grant is made, and to facilities operated in connection therewith.

(f) Upon transfers of real or personal surplus property for health or educational uses, discrimination is prohibited to the same extent as in the case of grants for the construction of facilities or the provision of equipment for like purposes.

(g) [Reserved]

(h) A recipient may not take action that is calculated to bring about indirectly what this regulation forbids it to accomplish directly.

(i)-(j) [Reserved]

[29 FR 16298, Dec. 4, 1964; 29 FR 16988, Dec. 11, 1964, as amended at 38 FR 17980, 17982, July 5, 1973; 70 FR 24318, May 9, 2005; 91 FR 46756, July 24, 2026]

Notes of Decisions

Cited in 6 cases, 1977–1994 · leading case: Regents of the Univ. of California v. Bakke, 438 U.S. 265 (1978).

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Regents of the Univ. of California v. Bakke, 438 U.S. 265 (1978). · cites it 6× “" Title 45 CFR § 80.5 (i) (1977) elaborates upon this requirement: "In some situations, even though past discriminatory practices attributable to a recipient or applicant have been abandoned, the consequences of such practices continue to impede the full availability of a…”

Grove City Coll. v. Bell, 465 U.S. 555 (1984). · cites it 2× “" 45 CFR § 80.5 (b) (1972). [8] In North Haven, we concluded that the word "it" in this sentence refers to "education program or activity" rather than "recipient.”

B. Doe, M.D., on Behalf of B. Doe & B. Doe's Patients v. St. Joseph's Hosp. of Fort Wayne, 788 F.2d 411 (7th Cir. 1986). “*421 45 C.F.R. § 80.5 (e) (emphasis supplied).”

Linda F. Coates v. Illinois State Bd. of Educ., 559 F.2d 445 (7th Cir. 1977). “See 45 CFR § 80.5 (b) of the regulations of the Department of Health, Education and Welfare quoted in Lau, supra, 414 U.”

United States of Am., Cross-Appellee v. Harris Methodist Fort Worth, Cross-Appellant, 970 F.2d 94 (5th Cir. 1992). · cites it 2× “45 C.F.R. § 80.5 (e)(1990). The three cases that have excluded physicians from § 601 are distinguishable from this case in an important respect: in each of them, an individual physician tried to challenge his termination from the hospital staff under an implied cause of action…”

Hopwood v. State of Tex., 861 F. Supp. 551 (W.D. Tex. 1994). “” 45 C.F.R. § 80.5 (j). 6 . D-314. The revised plan raised the goal previously set for increased minority enrollment in graduate and professional schools.”

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