20 U.S.C. § 1681 : US Code - Section 1681: Sex

Search 20 U.S.C. § 1681 : US Code - Section 1681: Sex

(a) Prohibition against discrimination; exceptions
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) Classes of educational institutions subject to prohibition
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) Educational institutions commencing planned change in
admissions
in regard to admissions to educational institutions, this
section shall not apply (A) for one year from June 23, 1972, nor
for six years after June 23, 1972, 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
Secretary 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 Secretary of Education, whichever is the later;
(3) Educational institutions of religious organizations with
contrary religious tenets
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) Educational institutions training individuals for military
services or merchant marine
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;
(5) Public educational institutions with traditional and
continuing admissions policy
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;
(6) Social fraternities or sororities; voluntary youth service
organizations
this section shall not apply to membership practices -
(A) of a social fraternity or social sorority which is exempt
from taxation under section 501(a) of title 26, the active
membership of which consists primarily of students in
attendance at an institution of higher education, or
(B) of the Young Men's Christian Association, Young Women's
Christian Association, Girl Scouts, Boy Scouts, Camp Fire
Girls, and voluntary youth service organizations which are so
exempt, the membership of which has traditionally been limited
to persons of one sex and principally to persons of less than
nineteen years of age;
(7) Boy or Girl conferences
this section shall not apply to -
(A) any program or activity of the American Legion undertaken
in connection with the organization or operation of any Boys
State conference, Boys Nation conference, Girls State
conference, or Girls Nation conference; or
(B) any program or activity of any secondary school or
educational institution specifically for -
(i) the promotion of any Boys State conference, Boys Nation
conference, Girls State conference, or Girls Nation
conference; or
(ii) the selection of students to attend any such
conference;
(8) Father-son or mother-daughter activities at educational
institutions
this section shall not preclude father-son or mother-daughter
activities at an educational institution, but if such activities
are provided for students of one sex, opportunities for
reasonably comparable activities shall be provided for students
of the other sex; and
(9) Institution of higher education scholarship awards in
"beauty" pageants
this section shall not apply with respect to any scholarship or
other financial assistance awarded by an institution of higher
education to any individual because such individual has received
such award in any pageant in which the attainment of such award
is based upon a combination of factors related to the personal
appearance, poise, and talent of such individual and in which
participation is limited to individuals of one sex only, so long
as such pageant is in compliance with other nondiscrimination
provisions of Federal law.
(b) Preferential or disparate treatment because of imbalance in
participation or receipt of Federal benefits; statistical
evidence of imbalance
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
chapter 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) "Educational institution" defined
For purposes of this chapter 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.