manner whatever any information in violation of section 709 (e) shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than 1 year. The Commission will, however, make available for inspection and copying some tabulations of aggregate industry, area, and other statistics derived from the Commission's reporting programs authorized by section 709 (c) of the Act, where such tabulations have been previously compiled by the Commission and are available in documentary form, to the extent that such tabulations do not consist of aggregate data from less than three respondents, and do not reveal the identity of an individual or the dominant respondent in a particular industry or area in any manner. (a) The General Counsel shall grant or deny each request made. The denial of each request shall be in writing and shall contain a simple statement of the reasons for the denial. The decision of the General Counsel shall be final, subject only to review as provided in paragraph (b) of this section. (b) Review of the decision of the General Counsel may be requested by the person submitting the request within 30 days after the date o fthe notice advising him of the decision. The 30-day limitation may be waived for good cause. The filing of a request for review by the Commission may be accomplished by mailing to the Chairman, Equal Employment Opportunity Commission, 1800 G Street NW., Washington, D.C. 20506, by certified mail, a copy of the written denial issued under paragraph (a) of this section and a statement of the circumstances, reasons or arguments advanced for insistence upon disclosure of the originally requested record. The decision of the Commission upon review shall be in writing and shall contain a simple statement of the reasons for the decision. The decision after review will be promptly communicated to the person requesting review, and will constitute the final action of the Commission. (c) No personal appearance, oral argument or hearing will ordinarily be permitted in connection with an initial request made to the General Counsel or on review of a denial by him. Upon request and a showing of special circumstances, however, this limitation may be waived and an informal conference or appearance arranged with or before the General Counsel or the Commission, as the case may be, or any employee designated by him or it for this purpose. [32 F.R. 16261, Nov. 29, 1967, as amended at 32 F.R. 16491, Dec, 1, 1967] SUBPART B-PRODUCTION IN RESPONSE TO SUBPENAS OR DEMANDS OF COURTS OR OTHER AUTHORITIES § 1610.30 PURPOSE AND SCOPE This subpart contains the regulations of the Commission concerning procedures to be followed when a subpena, order, or other demand (hereinafter in this subpart referred to as a "demand") of a court or other authority is issued for the production or disclosure of (a) any material contained in the files of the Commission; (b) any information relating to material contained in the files of the Commission; or (c) any information or material acquired by any person while such person was an employee of the Commission as a part of the performance of his official duties or because of his official status. § 1610.32 PRODUCTION PROHIBITED UNLESS APPROVED BY THE GENERAL COUNSEL No employee or former employee of the Commission shall, in response to a demand of a court or other authority, produce any material contained in the files of the Commission or disclose any information or produce any material acquired as part of the performance of his official duties or because of his official status without the prior approval of the General Counsel. § 1610.34 PROCEDURE IN THE EVENT OF A DEMAND FOR PRODUCTION (a) Whenever a demand is made upon an employee or former employee of the Commission for the production of material or the disclosure of information described in § 1610.30, he shall immediately notify the General Counsel. If possible, the General Counsel shall be notified before the employee or former employee concerned replies to or appears before the court or other authority. (b) If response to the demand is required before instructions from the General Counsel are received, an attorney designated for that purpose by the Commission shall appear with the employee or former employee upon whom the demand has been made, and shall furnish the court or other authority with a copy of the regulations contained in this part and inform the court or other authority that the demand has been or is being, as the case may be, referred for prompt consideration by the General Counsel. The court or other authority shall be requested respectfully to stay the demand pending receipt of the requested instructions from the General Counsel. § 1610.36 PROCEDURE IN THE EVENT OF AN ADVERSE RULING. If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with § 1610.34(b) pending receipt of instructions from the General Counsel, or if the court or other authority rules that the demand must be complied with irrespective of the instructions from the General Counsel not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall respectfully decline to comply with the demand (United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951)). ' PUBLIC LAW 92-318, 92ND CONGRESS, S. 659, JUNE 23, 1972 TITLE IX-PROHIBITION OF SEX DISCRIMINATION SEX DISCRIMINATION PROHIBITED SEC. 901. (a) No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that: (1) in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education; (2) in regard to admissions to educational institutions, this section shall not apply (A) for one year from the date of enactment of this Act, nor for six years after such date in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Commissioner of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Commissioner of Education, whichever is the later; (3) this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization; (4) this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine; and (5) in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex. (b) Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: Provided, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this title of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex. (c) For purposes of this title an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department. FEDERAL ADMINISTRATIVE ENFORCEMENT SEC. 902. Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 901 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other 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, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue,, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report. JUDICIAL REVIEW SEC. 903. Any department or agency action taken pursuant to section 1002 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 902, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, United States Code, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title. PROHIBITION AGAINST DISCRIMINATION AGAINST THE BLIND SEC. 904. No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment. EFFECT ON OTHER LAWS SEC. 905. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. AMENDMENTS TO OTHER LAWS SEC. 906. (a) Sections 401(b), 407(a) (2), 410, and 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000c (b), 2000c-6(a) (2), 2000c-9, and 2000h-2) are each amended by inserting the word "sex" after the word “religion”. (b) (1) Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by inserting after the words “the provisions of section 6” the following: "(except section 6(d) in the case of paragraph (1) of this subsection)". (2) Paragraph (1) of subsection 3 (r) of such Act (29 U.S.C. 203(r) (1)) is amended by deleting "an elementary or secondary school" and inserting in lieu thereof "a preschool, elementary or secondary school". (3) Section 3(s) (4) of such Act (29 U.S.C. 203 (s) (4)) is amended by deleting "an elementary or secondary school" and inserting in lieu thereof "a preschool, elementary or secondary school". INTERPRETATION WITH RESPECT TO LIVING FACILITIES SEC. 907. Notwithstanding anything to the contrary contained in this title, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, OFFICE OF THE SECRETARY, Washington, D.C., August 1972. MEMORANDUM TO PRESIDENTS OF INSTITUTIONS OF HIGHER EDUCATION As you may know, on June 23, 1972, the President signed into law the "Education Amendments of 1972" (effective July 1, 1972). Title IX of this Act prohibits sex discrimination in all federally assisted education programs and amends certain portions of the Civil Rights Act of 1964. The Office for Civil Rights, Department of Health, Education, and Welfare, is presently in the process of developing regulations and guidelines to implement Title IX. For your immediate information, however, I have set forth below a brief summary of the pertinent provisions of Title IX, and have attached a copy of the law. A. BASIC PROVISION Title IX of the Higher Education Act states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal Financial assistance . . .” This sex discrimination provision of Title IX is patterned after Title VI of the Civil Rights Act of 1964 which forbids discrimination on the basis of race, color, and national origin in all federally assisted programs. By specific exemption, the prohibitions of Title VI do not reach employment practices (except where the primary objective of the Federal aid is to provide employment). However, there is no similar exemption for employment in Title IX. Therefore, effective July 1, as a condition of receiving Federal assistance, your institution must make all benefits and services available to students without discrimination on the basis of sex. As indicated below, there are exemptions to and an deferment in implementing the admissions provision. However, all other requirements of this Title are presently in effect. B. WHICH INSTITUTIONS ARE COVERED All educational programs and activities which are offered by any institution or organization and which receive Federal financial assistance by way of grant, loan, or contract other than a contract of insurance or guaranty are covered. Title IX specifically lists the types of educational institutions which are covered. These include public and private preschools. elementary and secondary schools, institutions of vocational education, professional education, and undergraduate and graduate higher education. C. PROVISIONS CONCERNING ADMISSIONS TO SCHOOLS AND COLLEGES 1. Certain educational institutions covered by Title IX are prohibited from sex discrimination in all of their programs and activities, including admissions to their institutions. These institutions include: a. Institutions of vocational education (public and private). b. Elementary and secondary schools other than secondary vocational schools c. Institutions of graduate higher education (public and private). d. Public undergraduate institutions of higher education (except those which have been traditionally and continually single-sex). 2. Exemptions from the admissions provisions. Some educational institutions covered under Title IX are exempted from complying with the prohibition against discrimination in admissions. These institutions are: a. Private undergraduate institutions of higher education. b. Elementary and secondary schools other than secondary vocational schools whose primary purpose is to train students in vocational and technical areas. c. Public institutions of undergraduate higher education which have been traditionally and continually single-sex. Schools of vocational, professional, graduate higher education, and public undergraduate higher education which are in transition from single-sex institutions to co-educational institutions are exempt from non-discrimination in admissions for specified periods of time provided each is carrying out a plan approved by HEW, under which the transition will be completed. Although all these institutions are exempt from the requirement of immediately admitting students of the previously excluded sex, they are required not to discriminate, as of the effective date of the Act (July 1, 1972), against any admitted students in any educational program or activity offered by the educational institutions. D. OTHER EXEMPTIONS 1. Religious Institutions.-Institutions controlled by religious organizations are exempt if the application of the anti-discrimination provision is not consistent with the religious tenets of such organizations. 2. Military Schools.-Those educational institutions whose primary purpose is the training of individuals for the military services of the United States or the Merchant Marine are exempt. E. PROVISION RELATING TO LIVING FACILITIES The Act allows institutions receiving Federal funds to maintain separate living facilities for persons of different sexes. F. WHO ENFORCES THE ACT The Federal departments empowered to extend aid to educational institutions have the enforcement responsibility. (The enforcement provisions are virtually identical to those of Title VI of the Civil Rights Act of 1964.) Reviews can be conducted whether or not a complaint has been filed. We presently are in the process of developing procedures under which this agency will represent all Federal agencies in the administration of Title IX, as is presently the case under Title VI of the Civil Rights Act of 1964. G. WHO CAN FILE CHARGES Individuals and organizations can challenge any unlawful discriminatory practice in a Federal program or activity by filing a complaint with the appropriate Federal agency. During the review process, names of complainants are kept confidential if possible. H. WHAT HAPPENS WHEN A COMPLAINT IS FILED An investigation is conducted, if warranted, and if a violation is found, informal conciliation and persuasion are first used to eliminate the discriminatory practices. I. FORMAL ENFORCEMENT PROCEDURES If persuasion fails, the Act provides for formal hearings conducted by the Federal agency (s) involved. Such action can result in the termination or withholding |