28.110—Remedial and affirmative action and self-evaluation.
(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 September 29, 2000:
(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)
(c)
3]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.