§ 1042.110. Remedial and affirmative action and self-evaluation.
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/us/cfr/t10/s§ 1042.110·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Link to an amendment published at 90 FR 20791, May 16, 2025. This amendment was delayed until Sept. 12, 2025, at 90 FR 31141, July 14, 2025. This amendment was further delayed until Nov. 9, 2025, at 90 FR 43540, Sept. 10, 2025. The effective date of this amendment was corrected to read Dec. 9, 2025, at 90 FR 45317, Sept. 22, 2025. This amendment was further delayed unitl Mar. 9, 2025, at 90 FR 56968, Dec. 9, 2025. This amendment was further delayed until July 6, 2026, at 91 FR 10955, Mar. 6, 2026.
(a)Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the designated agency official deems necessary to overcome the effects of such discrimination.
(b)Affirmative action. In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirmative action consistent with law to overcome the effects of conditions that resulted in limited participation therein by persons of a particular sex. Nothing in these Title IX regulations shall be interpreted to alter any affirmative action obligations that a recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
(c)Self-evaluation. Each recipient education institution shall, within one year of February 20, 2001:
(1)Evaluate, in terms of the requirements of these Title IX regulations, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and non-academic personnel working in connection with the recipient's education program or activity;
(2)Modify any of these policies and practices that do not or may not meet the requirements of these Title IX regulations; and
(3)Take appropriate remedial steps to eliminate the effects of any discrimination that resulted or may have resulted from adherence to these policies and practices.
(d)Availability of self-evaluation and related materials. Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph
(c)of this section, and shall provide to the designated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this section and of any remedial steps taken pursuant to paragraph (c)(3) of this section.
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§ 1042.110
Remedial and affirmative action and self-evaluation.
Fed. Reg.×10
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