28.115—Assurance required.
(a) General.
Either at the
application stage or the award stage, Federal
agencies must ensure that applications for Federal
financial assistance or awards of Federal
financial assistance contain, be accompanied by,
or be covered by a specifically identified
assurance from the applicant or recipient,
satisfactory to the designated agency official,
that each education program or activity operated
by the applicant or recipient and to which these
Title IX regulations apply will be operated in
compliance with these Title IX regulations. An
assurance of compliance with these Title IX
regulations shall not be satisfactory to the
designated agency official if the applicant or
recipient to whom such assurance applies fails to
commit itself to take whatever remedial action is
necessary in accordance with §
28.110(a) to eliminate existing discrimination on
the basis of sex or to eliminate the effects of
past discrimination whether occurring prior to or
subsequent to the submission to the designated
agency official of such assurance.
(b) Duration of obligation.
(1)
In the case of Federal financial assistance
extended to provide real property or structures
thereon, such assurance shall obligate the
recipient or, in the case of a subsequent
transfer, the transferee, for the period during
which the real property or structures are used to
provide an education program or activity.
(2)
In the case of Federal financial assistance
extended to provide personal property, such
assurance shall obligate the recipient for the
period during which it retains ownership or
possession of the property.
(3)
In all other cases such assurance shall
obligate the recipient for the period during which
Federal financial assistance is extended.
(c) Form.
(1)
The assurances
required by paragraph (a) of this section, which
may be included as part of a document that
addresses other assurances or obligations, shall
include that the applicant or recipient will
comply with all applicable Federal statutes
relating to nondiscrimination. These include but
are not limited to: Title IX of the Education
Amendments of 1972, as amended (20 U.S.C.
1681-168 3, 1685-1688).
(2)
The designated agency official will specify
the extent to which such assurances will be
required of the applicant's or recipient's
subgrantees, contractors, subcontractors,
transferees, or successors in interest.