C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 86—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart A—Introduction

45 C.F.R. § 86.1

Purpose and effective date

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The purpose of this part is to effectuate title IX of the Education Amendments of 1972, as amended by Pub. L. 93-568, 88 Stat. 1855 (except sections 904 and 906 of those Amendments) which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in this part. This part is also intended to effectuate section 844 of the Education Amendments of 1974, Pub. L. 93-380, 88 Stat. 484. The effective date of this part shall be July 21, 1975.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682, as amended by Pub. L. 93-568, 88 Stat. 1855, and sec. 844, Education Amendments of 1974, 88 Stat. 484, Pub. L. 93-380)
Notes of Decisions
Cited in 11 cases, 1977–2019 · leading case: Jane Doe v. Mercy Catholic Med. Ctr., 850 F.3d 545 (3rd Cir. 2017).
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Jane Doe v. Mercy Catholic Med. Ctr., 850 F.3d 545 (3rd Cir. 2017). “1 ; 45 C.F.R. § 86.1 ; Title IX Common Rule, supra, at 52,865 (all saying Title IX applies to “any” education program or activity “whether or not” it’s “offered or sponsored by an educational institution”); U.”
Heidi Sargent Jeldness, Jenny Costa, Helen Jodi Bedell, Gretchen M. Schumacher, & v. Fred B. Pearce, &, 30 F.3d 1220 (9th Cir. 1994). · cites it 4× “, 45 C.F.R. §§ 86.1 et seq., and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.”
Sue De La Cruz v. James Tormey, 582 F.2d 45 (9th Cir. 1978). “About three years after the passage of Title IX the Department of Health, Education and Welfare issued extensive regulations designed to effectuate the purposes of Title IX, 45 C.F.R. § 86.1 et seq., entitled “Nondiscrimination on the Basis of Sex in Education Programs and…”
Romeo Cmty. Schs. v. United States Dep't of Health, Educ., & Welfare, 438 F. Supp. 1021 (E.D. Mich. 1977). · cites it 2× “Under § 1682, the Secretary of HEW is also authorized to promulgate “rules, regulations, or orders of general applicability,” to effectuate the provisions of § 1681, and pursuant to this authority, the Secretary has promulgated a comprehensive set of regulations, 45 C.F.R. §…”
Grove City Coll. Ex Rel. Sickafuse v. Harris, 500 F. Supp. 253 (W.D. Pa. 1980). · cites it 2× “HEW’s regulations subparts A, B, C and D (45 C.F.R. 86.1 thru 86.43) apply to the College and also to the four students as persons who are in the class to be protected from sex discrimination under the act and as recipients of Federal financial assistance are covered by these…”
Jane Doe v. Univ. of Ky., 357 F. Supp. 3d 620 (E.D. Ky. 2019). “18-19 n.7. We adopt it. We recognize, however, that creative minds could conceivably read the word "education" in Title IX to "encompass every experience of life," Roubideaux , 570 F.”
Bennett v. West Texas State Univ., 525 F. Supp. 77 (N.D. Tex. 1981). “(originally codified at 45 C.F.R. § 86.1 et seq.). It is the Defendants’ position that the intercollegiate athletics program does not receive federal financial assistance, and therefore that the program is outside the scope of Title IX.”
Yellow Springs Exempted Vill. Sch. Dist. Bd. of Educ. v. Ohio High Sch. Athletic Ass'n, 647 F.2d 651 (6th Cir. 1981). “45 C.F.R. § 86.1 . Therefore, in November, 1974, when Morgan Middle School forbade the two female athletes from playing on the boys’ basketball team, and in January 1975, when it formed a separate girls’ basketball team, § 86.”
Miami Univ. Wrestling Club v. Miami Univ., 302 F.3d 608 (6th Cir. 2002). “24,128 (June 4, 1975) (codified at 45 C.F.R. § 86.1 ). The final regulations became effective on July 21, 1975.”
Bd. of Educ. v. Califano, 507 F. Supp. 827 (S.D.N.Y. 1981). “55 (a), and that that section was effective July 1975, 45 C.F.R. § 86.1 . The Board responds that the section of the regulations on which the male teachers rely is inapplicable because, it argues, it “did not maintain or establish separate seniority systems ‘on the basis of sex.”
Caulfield v. Bd. of Educ., 632 F.2d 999 (2d Cir. 1980). “13 (1979); the Title IX regulations are in 45 C.F.R. §§ 86.1 -.71 (1979). . 1. Not later than September of 1979, the teacher corps of each District in the system will reflect, within a range of five percent, the racial-ethnic composition of the system’s teacher corps as a whole…”
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