28.425—Counseling and use of appraisal and counseling materials.
(a) Counseling.
A recipient shall
not discriminate against any person on the basis
of sex in the counseling or guidance of students
or applicants for admission.
(b)
Use of appraisal and counseling
materials. A recipient that uses testing or
other materials for appraising or counseling
students shall not use different materials for
students on the basis of their sex or use
materials that permit or require different
treatment of students on such basis unless such
different materials cover the same occupations and
interest areas and the use of such different
materials is shown to be essential to eliminate
sex bias. Recipients shall develop and use
internal procedures for ensuring that such
materials do not discriminate on the basis
of sex. Where the use of a
counseling test or other instrument results in a
substantially disproportionate number of members
of one sex in any particular course of study or
classification, the recipient shall take such
action as is necessary to assure itself that such
disproportion is not the result of discrimination
in the instrument or its application.
(c) Disproportion in classes.
Where a recipient finds that a particular class
contains a substantially disproportionate number
of individuals of one sex, the recipient shall
take such action as is necessary to assure itself
that such disproportion is not the result of
discrimination on the basis of sex in counseling
or appraisal materials or by counselors.