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 D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited

45 C.F.R. § 86.31

Education programs or activities

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(a) General. Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance. This subpart does not apply to actions of a recipient in connection with admission of its students to an education program or activity of (1) a recipient to which Subpart C does not apply, or (2) an entity, not a recipient, to which Subpart C would not apply if the entity were a recipient.

(b) Specific prohibitions. Except as provided in this subsection, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex:

(1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;

(2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;

(3) Deny any person any such aid, benefit, or service;

(4) Subject any person to separate or different rules of behavior, sanctions, or other treatment;

(5) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-State fees and tuition;

(6) Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of sex in providing any aid, benefit or service to students or employees;

(7) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.

(c) Assistance administered by a recipient educational institution to study at a foreign institution. A recipient educational institution may administer or assist in the administration of scholarships, fellowships, or other awards established by foreign or domestic wills, trusts, or similar legal instruments, or by acts of foreign governments and restricted to members of one sex, which are designed to provide opportunities to study abroad, and which are awarded to students who are already matriculating at or who are graduates of the recipient institution; Provided, a recipient educational institution which administers or assists in the administration of such scholarships, fellowship, or other awards which are restricted to members of one sex provides, or otherwise makes available reasonable opportunities for similar studies for members of the other sex. Such opportunities may be derived from either domestic or foreign sources.

(d) Aid, benefits, or services not provided by recipient. (1) This paragraph applies to any recipient which requires participation by any applicant, student, or employee in any education program or activity not operated wholly by such recipient, or which facilitates, permits, or considers such participation as part of or equivalent to an education program or activity operated by such recipient, including participation in educational consortia and cooperative employment and student-teaching assignments.

(2) Such recipient;

(i) Shall develop and implement a procedure designed to assure itself that the operator or sponsor of such other education program or activity takes no action affecting any applicant, student, or employee of such recipient which this part would prohibit such recipient from taking; and

(ii) Shall not facilitate, require, permit, or consider such participation if such action occurs.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682) [40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005; 85 FR 37244, June 19, 2020]
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1980–2023 · leading case: Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67 (1983).
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Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67 (1983). · cites it 2× “" 45 CFR § 86.31 (b)(7) (1975) (emphasis added) (recodified at 34 CFR § 106.”
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. § 86.31 (a). Specifically, recipients are prohibited from (1) treating the genders differently in determining eligibility for programs; (2) providing “different aid, benefits, or services or provid[ing] aid, benefits, or services in a different manner”; (3) denying…”
Crandell v. New York Coll. of Osteopathic Med., 87 F. Supp. 2d 304 (S.D.N.Y. 2000). · cites it 2× “45 C.F.R. § 86.31 (2000). This includes disparate access to course offerings, id.”
Lopez v. Regents of Univ., 5 F. Supp. 3d 1106 (N.D. Cal. 2013). “” 45 C.F.R. § 86.31 . In fact, there is a regulation, promulgated under the authority of Title IX, which expressly prohibits a recipient of federal funds from “applying] different rules or regulations, impose different fees or requirements, or offer different services or…”
Pratt ex rel. Petranchuk v. Indian River Cent. Sch. Dist., 803 F. Supp. 2d 135 (N.D.N.Y. 2011). “Plaintiff Pratt’s Title IX claim appears based primarily on a theory of hostile educational environment. “[U]nder Title IX, a plaintiff may state a claim of discriminatory harassment based upon a hostile educational environment by alleging th[e following]: (1)[ ]he is a member…”
Rossley v. Drake Univ. & Drake Univ. Bd. of Trs., 336 F. Supp. 3d 959 (S.D. Iowa 2018). · cites it 2× “45 C.F.R. § 86.31 . The regulations subsequently lists various examples of "education program[s] or activit[ies]," *971 including: housing ( 45 C.”
Hyman v. Cornell Univ., 834 F. Supp. 2d 77 (N.D.N.Y. 2011). “” 45 C.F.R. § 86.31 (b)(4) (2010). Although the Title IX definition of discrimination “encompass[es] teacher-on-student hostile educational environment sexual harassment[,]” see Hayut v.”
Mularadelis v. Haldane Cent. Sch. Bd., 74 A.D.2d 248 (N.Y. App. Div. 1980). “), regulations promulgated thereunder (45 CFR 86.31, 86.34, 86.41 [a], [b]) and under the circumstances of this case, the student petitioner should have been afforded the opportunity to become a member of the girls’ tennis team at the high school of the appellant school board.”
Hayut v. State Univ. of New York, 352 F.3d 733 (2d Cir. 2003). “See 45 C.F.R. § 86.31 (2000). It has, instead, been recognized as also encompassing teacher-on-student hostile educational environment sexual harassment.”
Roubideaux v. Nd Dept. of Corr. & Rehab., 570 F.3d 966 (8th Cir. 2009). “45 C.F.R. § 86.31 (a) (emphasis added). We look to the primary purpose of a program to determine its character.”
Roubideaux v. North Dakota Dep't of Corr. & Rehab., 570 F.3d 966 (8th Cir. 2009). “45 C.F.R. § 86.31 (a) (emphasis added). We look to the primary purpose of a program to determine its character.”
Son Hong v. Mary Read (C.D. Cal. 2020). “Although CSU, as a funding recipient education 22 program/institution, could be held liable under Title IX for sex discrimination against CSU students at CHTC when CSU programs require or facilitate students to participate in activities at 23 CHTC, see 45 C.F.R. § 86.31 (d)(1),…”
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