28.430—Financial assistance.
(a) General.
Except as provided
in paragraphs (b) and (c) of this section, in
providing financial assistance to any of its
students, a recipient shall not:
(1)
On the basis of sex, provide different
amounts or types of such assistance, limit
eligibility for such assistance that is of any
particular type or source, apply different
criteria, or otherwise discriminate;
(2)
Through solicitation, listing, approval,
provision of facilities, or other services, assist
any foundation, trust, agency, organization, or
person that provides assistance to any of such
recipient's students in a manner that
discriminates on the basis of sex; or
(3)
Apply any rule or assist in application of
any rule concerning eligibility for such
assistance that treats persons of one sex
differently from persons of the other sex with
regard to marital or parental status.
(b)
Financial aid established by
certain legal instruments. (1) A recipient may
administer or assist in the administration of
scholarships, fellowships, or other forms of
financial assistance established pursuant to
domestic or foreign wills, trusts, bequests, or
similar legal instruments or by acts of a foreign
government that require that awards be made to
members of a particular sex specified therein; Provided, that the overall effect of
the award of such sex-restricted scholarships,
fellowships, and other forms of financial
assistance does not discriminate on the basis of
sex.
(2)
To ensure nondiscriminatory awards of
assistance as required in paragraph (b)(1) of this
section, recipients shall develop and use
procedures under which:
(i)
Students are selected for award of
financial assistance on the basis of
nondiscriminatory criteria and not on the basis of
availability of funds restricted to members of a
particular sex;
(ii)
An appropriate sex-restricted scholarship,
fellowship, or other form of financial assistance
is allocated to each student selected under
paragraph (b)(2)(i) of this section; and
(iii)
No student is denied the award for which
he or she was selected under paragraph (b)(2)(i)
of this section because of the absence of a
scholarship, fellowship, or other form of
financial assistance designated for a member of
that student's sex.
(c) Athletic scholarships.
(1)
To
the extent that a recipient awards athletic
scholarships or grants-in-aid, it must provide
reasonable opportunities for such awards for
members of each sex in proportion to the number of
students of each sex participating in
interscholastic or intercollegiate athletics.
(2)
A recipient may provide separate athletic
scholarships or grants-in-aid for members of each
sex as part of separate athletic teams for members
of each sex to the extent consistent with this
paragraph (c) and § 28.450.