28.105—Definitions.
As used in these Title IX regulations, the
term:
Administratively separate unit means
a school, department, or college of an educational
institution (other than a local educational
agency) admission to which is independent of
admission to any other component of such
institution.
Admission means selection for
part-time, full-time, special, associate,
transfer, exchange, or any other enrollment,
membership, or matriculation in or at an education
program or activity operated by a recipient.
Applicant means one who submits an
application, request, or plan required to be
approved by an official of the Federal agency that
awards Federal financial assistance, or by a
recipient, as a condition to becoming a
recipient.
Department means Department of the
Treasury.
Designated agency official means
Assistant Secretary for Management and Chief
Financial Officer.
Educational institution means a
local educational agency (LEA) as defined by 20
U.S.C. 8801(18), a preschool, a private elementary
or secondary school, or an applicant or recipient
that is an institution of graduate higher
education, an institution of undergraduate higher
education, an institution of professional
education, or an institution of vocational education, as defined in this
section.
Federal financial assistance means
any of the following, when authorized or extended
under a law administered by the Federal agency
that awards such assistance:
(i)
The acquisition, construction, renovation,
restoration, or repair of a building or facility
or any portion thereof; and
(ii)
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.
(2)
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.
(4)
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.
(5)
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.
Institution of graduate higher
education means an institution that:
(1)
Offers academic study beyond the bachelor
of arts or bachelor of science degree, whether or
not leading to a certificate of any higher degree
in the liberal arts and sciences;
(2)
Awards any degree in a professional field
beyond the first professional degree (regardless
of whether the first professional degree in such
field is awarded by an institution of
undergraduate higher education or professional
education); or
(3)
Awards no degree and offers no further
academic study, but operates ordinarily for the
purpose of facilitating research by persons who
have received the highest graduate degree in any
field of study.
Institution of professional
education means an institution (except any
institution of undergraduate higher education)
that offers a program of academic study that leads
to a first professional degree in a field for
which there is a national specialized accrediting
agency recognized by the Secretary of
Education.
Institution of undergraduate higher
education means:
(1)
An institution offering at least two but
less than four years of college-level study beyond
the high school level, leading to a diploma or an
associate degree, or wholly or principally
creditable toward a baccalaureate degree; or
(3)
An agency or body that certifies
credentials or offers degrees, but that may or may
not offer academic study.
Institution of vocational education
means a school or institution (except an
institution of professional or graduate or
undergraduate higher education) that has as its
primary purpose preparation of students to pursue
a technical, skilled, or semiskilled occupation or
trade, or to pursue study in a technical field,
whether or not the school or institution offers
certificates, diplomas, or degrees and whether or
not it offers full-time study.
Recipient means any State or
political subdivision thereof, or any
instrumentality of a State or political
subdivision thereof, any public or private agency,
institution, or organization, or other entity, or
any person, to whom Federal financial assistance
is extended directly or through another recipient
and that operates an education program or activity
that receives such assistance, including any
subunit, successor, assignee, or transferee
thereof.
Reviewing authority means that
component of the Department delegated authority to
review the decisions of hearing officers in cases
arising under these Title IX regulations.
Secretary means Secretary of the
Treasury.
Student means a person who has
gained admission.
Title IX means Title IX of the
Education Amendments of 1972, Public Law 92-318,
86 Stat. 235, 373 (codified as amended at 20
U.S.C. 1681-168 8) (except sections 904 and 906
thereof), as amended by section 3 of Public Law
93-568, 88 Stat. 1855, by section 412 of the
Education Amendments of 1976, Public Law 94-482,
90 Stat. 2234, and by Section 3 of Public Law
100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681 ,
1682, 1683, 1685, 1686, 1687, 1688).
Title IX regulations means the
provisions set forth at §§ 28.100 through
28.635.
Transition plan means a plan subject
to the approval of the Secretary of Education
pursuant to section 901(a)(2) of the Education
Amendments of 1972, 20 U.S.C. 1681(a)(2), under
which an educational institution operates in
making the transition from being an educational
institution that admits only students of one sex
to being one that admits students of both sexes
without discrimination.