45 C.F.R. § 86.32

Housing

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(a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements, or offer different services or benefits related to housing, except as provided in this section (including housing provided only to married students).

(b) Housing provided by recipient. (1) A recipient may provide separate housing on the basis of sex.

(2) Housing provided by a recipient to students of one sex, when compared to that provided to students of the other sex, shall be as a whole:

(i) Proportionate in quantity to the number of students of that sex applying for such housing; and

(ii) Comparable in quality and cost to the student.

(c) Other housing. (1) A recipient shall not, on the basis of sex, administer different policies or practices concerning occupancy by its students of housing other than provided by such recipient.

(2) A recipient which, through solicitation, listing, approval of housing, or otherwise, assists any agency, organization, or person in making housing available to any of its students, shall take such reasonable action as may be necessary to assure itself that such housing as is provided to students of one sex, when compared to that provided to students of the other sex, is as a whole: (i) Proportionate in quantity and (ii) comparable in quality and cost to the student. A recipient may render such assistance to any agency, organization, or person which provides all or part of such housing to students only of one sex.

(Secs. 901, 902, 907, Education Amendments of 1972, 86 Stat. 373, 374, 375; 20 U.S.C. 1681, 1682, 1686)

Notes of Decisions

Cited in 3 cases, 1994–2018 · leading case: Heidi Sargent Jeldness, Jenny Costa, Helen Jodi Bedell, Gretchen M. Schumacher, & v. Fred B. Pearce, &, 30 F.3d 1220 (9th Cir. 1994).

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Heidi Sargent Jeldness, Jenny Costa, Helen Jodi Bedell, Gretchen M. Schumacher, & v. Fred B. Pearce, &, 30 F.3d 1220 (9th Cir. 1994). “” 45 C.F.R. § 86.32 (c). That section defines the standards for the separate housing: (2) Housing provided by a recipient to students of one sex, when compared to that provided to students of the other sex, shall be as a whole: (i) Proportionate in quantity to the number of…”

Rossley v. Drake Univ. & Drake Univ. Bd. of Trs., 336 F. Supp. 3d 959 (S.D. Iowa 2018). “The regulations promulgated under Title IX explain discrimination "under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance" is prohibited. 45 C.F.”

Wilson v. Glenwood Intermountain Props., Inc., 876 F. Supp. 1231 (D. Utah 1995). · cites it 3× “For example, 45 C.F.R. § 86.32 provides that educational institutions “may provide separate housing on the basis of sex” provided that they do not apply “different rules or regulations” related to that housing.”

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