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. § 86.39

Health and insurance benefits and services

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In providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner which would violate Subpart E of this part if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service which may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient which provides full coverage health service shall provide gynecological care.

(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Rossley v. Drake Univ. & Drake Univ. Bd. of Trs., 336 F. Supp. 3d 959 (S.D. Iowa 2018).
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Rossley v. Drake Univ. & Drake Univ. Bd. of Trs., 336 F. Supp. 3d 959 (S.D. Iowa 2018). “38 ); and health and insurance benefits to students and employees ( 45 C.F.R. § 86.39 ). Thus, as detailed by the Code of Federal Regulations, Title's IX's prohibition on discrimination applies to those programs which relate to either educational opportunities for students or…”
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