28.615—Procedure for effecting compliance.
(a) General.
If there appears to
be a failure or threatened failure to comply with
these Title IX regulations, and if the
noncompliance or threatened noncompliance cannot
be corrected by informal means, compliance with
these Title IX regulations may be effected by the
suspension or termination of or refusal to grant
or to continue Federal financial assistance or by
any other means authorized by law. Such other
means may include, but are not limited to:
(1)
A reference to the Department of Justice
with a recommendation that appropriate proceedings
be brought to enforce any rights of the United
States under any law of the United States, or any
assurance or other contractual undertaking;
and
(b) Noncompliance with
If an applicant fails or refuses to furnish an
assurance or otherwise fails or refuses to comply
with a requirement imposed by or pursuant to §
28.115, Federal financial assistance may be
refused in accordance with the procedures of
paragraph (c) of this section. The Department
shall not be required to provide assistance in
such a case during the pendency of the
administrative proceedings under paragraph (c) of
this section except that the Department shall
continue assistance during the pendency of such
proceedings where such assistance is due and
payable pursuant to an application therefor
approved prior to September 29, 2000.
(c)
Termination of or refusal to
grant or to continue Federal financial
assistance. (1) No order suspending,
terminating or refusing to grant or continue
Federal financial assistance shall become
effective until:
(i)
The designated agency official has advised
the applicant or recipient of its failure to
comply and has determined that compliance cannot
be secured by voluntary means;
(ii)
There has been an express finding on the
record, after opportunity for hearing, of a
failure by the applicant or recipient to comply
with a requirement imposed by or pursuant to these
Title IX regulations; and
(iii)
The expiration of 30 days after the
Secretary has filed with the committee of the
House, and the committee of the Senate having
legislative jurisdiction over the program
involved, a full written report of the
circumstances and the grounds for such action.
(2)
Any action to suspend or terminate or to
refuse to grant or to continue Federal financial
assistance shall be limited to the particular
political entity, or part thereof, or other
applicant or recipient as to whom such a finding
has been made and shall be limited in its effect
to the particular program, or part thereof, in
which such noncompliance has been so found.
(d)
Other means authorized by
law. (1) No action to effect compliance by any
other means authorized by law shall be taken
until:
(i)
The designated agency official has
determined that compliance cannot be secured by
voluntary means;
(ii)
The recipient has been notified of its
failure to comply and of the action to be taken to
effect compliance; and
(2)
During this period of at least 10 days
additional efforts shall be made to persuade the
recipient to comply with these Title IX
regulations and to take such corrective action as
may be appropriate.