28.300—Admission.
(a) General.
No person shall, on
the basis of sex, be denied admission, or be
subjected to discrimination in admission, by any
recipient to which §§ 28.300 through §§ 28.310
apply, except as provided in §§ 28.225 and §§
28.230.
(b) Specific prohibitions.
(1)
In
determining whether a person satisfies any policy
or criterion for admission, or in making any offer
of admission, a recipient to which §§ 28.300
through 28.310 apply shall not:
(i)
Give preference to one person over another
on the basis of sex, by ranking applicants separately on such basis, or
otherwise;
(ii)
Apply numerical limitations upon the
number or proportion of persons of either sex who
may be admitted; or
(2)
A recipient shall not administer or operate
any test or other criterion for admission that has
a disproportionately adverse effect on persons on
the basis of sex unless the use of such test or
criterion is shown to predict validly success in
the education program or activity in question and
alternative tests or criteria that do not have
such a disproportionately adverse effect are shown
to be unavailable.
(c)
Prohibitions relating to marital
or parental status. In determining whether a
person satisfies any policy or criterion for
admission, or in making any offer of admission, a
recipient to which §§ 28.300 through 28.310
apply:
(1)
Shall not apply any rule concerning the
actual or potential parental, family, or marital
status of a student or applicant that treats
persons differently on the basis of sex;
(2)
Shall not discriminate against or exclude
any person on the basis of pregnancy, childbirth,
termination of pregnancy, or recovery therefrom,
or establish or follow any rule or practice that
so discriminates or excludes;
(3)
Subject to § 28.235(d), shall treat
disabilities related to pregnancy, childbirth,
termination of pregnancy, or recovery therefrom in
the same manner and under the same policies as any
other temporary disability or physical condition;
and
(4)
Shall not make pre-admission inquiry as to
the marital status of an applicant for admission,
including whether such applicant is “Miss” or
“Mrs.” A recipient may make pre-admission inquiry
as to the sex of an applicant for admission, but
only if such inquiry is made equally of such
applicants of both sexes and if the results of
such inquiry are not used in connection with
discrimination prohibited by these Title IX
regulations.