ML23352A385
| ML23352A385 | |
| Person / Time | |
|---|---|
| Issue date: | 12/20/2023 |
| From: | NRC/SBCR |
| To: | |
| References | |
| NUREG/BR-0460 | |
| Download: ML23352A385 (1) | |
Text
See Say Do Something Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal Financial Assistance No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 20 U.S.C. § 1681-1688 Office of Small Business and Civil Rights NUREG/BR-XXX. Rev X November 2023 Insert Picture here Sex Discrimination Is Against the Law If you believe that you have experienced Title IX -
sex discrimination in Federal financially assisted programs or activities funded by the Nuclear Regulatory Commission (NRC) and require immediate assistance and/or need additional information, please contact:
Office of Small Business and Civil Rights U.S. Nuclear Regulatory Commission Email: EEOPROGRAMS.Resource@nrc.gov Telephone No.:(301) 415-7380/TDD (301) 415-5244 Quick Links:
U.S. Nuclear Regulatory Commission (NRC) regulation, 10 CFR Part 5 - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance NRC Form 782 - This form is to be used to file complaints against recipients of the U.S.
Nuclear Regulatory Commission (NRC) conducted and Federal financially assisted programs and activities.
Title IX U.S. Department of Education The Jeanne Clery Act U.S. Department of Education Title IX - Sex Discrimination U.S. Department of Justice Title IX Legal Manual U.S. Department of Justice
Title IX - Sex Discrimination Recipients of Federal financial assistance from the Nuclear Regulatory Commission (NRC) must take prompt and appropriate steps to ensure that no individual on the basis of sex, is excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Who is covered by Title IX?
Except as provided in §§5.205 through 5.235(a), of NRC's Title IX regulations set forth in 10 CFR Part 5, these requirements apply to every recipient and to each education program or activity operated by a recipient that receives Federal financial assistance.
What is Federal financial assistance?
Federal financial assistance means any of the following, when authorized or extended under a law administered by the Federal agency that awards such assistance:
A grant or loan of Federal financial assistance, including funds made available for:
o The acquisition, construction, renovation, restoration, or repair of a building or facility or any portion thereof; and o
Scholarships, loans, grants, wages, or other funds extended to any entity for payment to or on behalf of students admitted to that entity or extended directly to such students for payment to that entity.
A grant of Federal real or personal property or any interest therein, including surplus property, and the proceeds of the sale or transfer of such property, if the Federal share of the fair market value of the property is not, upon such sale or transfer, properly accounted for to the Federal Government.
Provision of the services of Federal personnel.
Sale or lease of Federal property or any interest therein at nominal consideration, or at consideration reduced for the purpose of assisting the recipient or in recognition of public interest to be served thereby, or permission to use Federal property or any interest therein without consideration.
Any other contract, agreement, or arrangement that has as one of its purposes the provision of assistance to any education program or activity, except a contract of insurance or guaranty.
Who Must Comply and Who Can be Found in Violation?
All programs and activities of entities that receive assistance from the NRC must comply with Title IX of the Education Amendments Act of 1972. This includes State agencies, local agencies, private/non-private entities, and sub-recipients that receive Federal funding from the NRC.
Legal Authorities Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal Financial Assistance Title IX of the Education Amendments Act of 1972 - this landmark civil rights law prohibits sex (including pregnancy, sexual orientation, and gender identity) discrimination in any education program or activity receiving federal financial assistance. The law states, in part, that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
20 U.S.C. § 1681-1688 Executive Order 13988 - Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation Executive Order 13988, signed on January 20, 2021, requires Federal agencies to examine their programs and services which implements the non-discrimination protections on the basis of sex ordered by Title VII of the Civil Rights Act of 1964 (pursuant to the Supreme Court case Bostock v. Clayton County), Title IX of the Education Amendments of 1972, the Fair Housing Act and section 412 of the Immigration and Nationality Act of 1965 and to extend these protections to the categories of sexual orientation and gender identity.
Executive Order 14021 - Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity Executive Order 14021, signed on March 11, 2021, requires Federal agencies to examine their programs and services they provide to ensure that all students be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity where theyre attending schools and other educational institutions that receive Federal financial assistance.
10 CFR Part 5 - Prohibited Discrimination on the Basis of Sex in Admission and Recruitment Admission - No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which §§ 5.300 through §§ 5.310 apply, except as provided in §§ 5.225 and §§ 5.230.
Preference in Admission - A recipient to which §§ 5.300 through 5.310 apply shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity that admits as students only or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of §§ 5.300 through 5.310.
Recruitment - A recipient to which §§ 5.300 through 5.310 apply shall not discriminate on the basis of sex in the recruitment and admission of students. A recipient may be required to undertake additional recruitment efforts for one sex as remedial action pursuant to § 5.110(a), and may choose to undertake such efforts as affirmative action pursuant to § 5.110(b).
10 CFR Part 5 - Prohibited Discrimination on the Basis of Sex in Education Programs or Activities Education programs or activities - 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 that receives Federal financial assistance. Sections 5.400 through 5.455 do not apply to actions of a recipient in connection with admission of its students to an education program or activity of a recipient to which §§ 5.300 through 5.310 do not apply, or an entity, not a recipient, to which §§ 5.300 through 5.310 would not apply if the entity were a recipient.
Specific prohibitions - Except as provided in §§ 5.400 through 5.455, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex:
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.
Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner.
Deny any person any such aid, benefit, or service.
Subject any person to separate or different rules of behavior, sanctions, or other treatment.
Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition.
Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person that discriminates on the basis of sex in providing any aid, benefit, or service to students or employees.
Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.
Financial Assistance - In providing financial assistance to any of its students, a recipient shall not:
On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance that is of any particular type or source, apply different criteria, or otherwise discriminate.
Through solicitation, listing, approval, provision of facilities, or other services, assist any foundation, trust, agency, organization, or person that provides assistance to any of such recipient's students in a manner that discriminates on the basis of sex; or Apply any rule or assist in application of any rule concerning eligibility for such assistance that treats persons of one sex differently from persons of the other sex with regard to marital or parental status.