Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
222090052
label
Title IX [2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
222090052
contentType
document
title
Title IX [2]
citationUrl
collections
Records of the First Lady's Office (Clinton Administration)
Neera Tanden's Subject Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
222090052
levelOfDescription
fileUnit
otherTitles
42-t-7705245-20120057S-005-011-2014
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
1e84a14eb42d4a6c
ocrText
Imen's
Ten- list paperwing
1. There anything in all This?
ssues -
Tituly
What are we they withing #. 20.7839
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
ir? Plean check in with Rob
H INTERNAL
Weiner. Thanks.
I INCOMING
Received (YY/MM/DD)
Date Correspondence 97/09/16
Eleven
Name of Correspondent:
ISABELLE KATZ PINZLER 97 SEP 17 PM1:24
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: DEPARTMENT OF JUSTICE RESPONSE To PRESIDENT
CLINTON'S JUNE 17 MEMO ON TITLE IX ENFORCEMENT
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Action
Completion
Date
Office/Agency
of
(Staff Name)
Date
Code
YY/MM/DD
Response
Code
YY/MM/DD
Tim SAUNDERS EXEC CLERK ORIGINATOR
07/09/16
( 97,09,
Referral Note:
Tonn STERN - STAFF DECRETARY A
97/09/16
C 97/09/25
Referral Note:
MARIA ECHAVESTE
A 1027
/
/
Referral Note:
1027
JENNIFER KLEIN
/
!
Referral Note:
1027
ELENA KAGAN
12/27/04/25
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
C Comment/Recommendation
A Answered
R. Direct Reply w/Copy
C Completed
D Draft Response
B . Non-Special Referral
S For Signature
S Suspended
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
NOT FOR THE PRESIDENT'S TRANSMITTAL To THE
CONGRESS
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5,31
OF EDUCATION
UNITED STATES DEPARTMENT OF EDUCATION
*
THE SECRETARY
UNITED STATES OF AMERICA
December 8, 1997
MEMORANDUM FOR THE PRESIDENT
FROM:
Richard W. Riley Dick Rrley
SUBJECT:
Strengthening Title IX Enforcement
This memorandum is in response to your June 17; 1997, Memorandum for the Heads of
Executive Departments and Agencies titled "Strengthening Title IX Enforcement and Addressing
Discrimination on the Basis of Sex, Race, Color and National Origin in Federally Conducted
Education Programs and Activities." You requested a description of department or agency
priorities for Title IX enforcement and methods to make recipients of Federal financial assistance
aware of their obligation not to discriminate on the basis of sex and to provide grievance
procedures to handle Title IX complaints.
An earlier memorandum (copy attached) was sent by my Acting General Counsel in response to
the information you requested about the agency's education programs and discrimination-related
issues that might arise in these programs.
Background
The Department of Education, through its Office for Civil Rights (OCR), is the agency with
primary enforcement authority for Title IX of the Education Amendments of 1972, which
prohibits discrimination on the basis of sex in federally assisted education programs. OCR's role
is to ensure that no person is subjected to discrimination on the basis of sex in education programs
or activities that receive Federal financial assistance. In addition to OCR's enforcement
responsibilities for Title IX, OCR enforces four other Federal statutes that prohibit discrimination:
Title VI of the Civil Rights Act of 1964 (prohibiting race and national origin discrimination in
federally assisted programs), Section 504 of the Rehabilitation Act of 1973 (prohibiting disability
based discrimination in federally assisted programs), Title II of the Americans With Disabilities
Act of 1990, and the Age Discrimination Act of 1975. OCR is also charged with carrying out
civil rights provisions in Title V, Part A of the Elementary and Secondary Education Act of 1965,
relating to the Magnet Schools Assistance Program.
To carry out its responsibilities, OCR has enforcement authority to investigate complaints and
conduct compliance reviews. Fundamental to OCR's effective investigative and enforcement
program are strong efforts to achieve voluntary resolutions. OCR carefully monitors such
resolution agreements to ensure that recipient institutions fully implement their plan commitments.
600 INDEPENDENCE AVE., S.W. WASHINGTON, D.C. 20202-0100
Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.
Page 2 - The President
OCR offers technical assistance through seminars, speeches, widely disseminated policy guidance
documents, and on-line access to encourage voluntary compliance. OCR also works proactively
with recipients to develop, adopt and implement policies and grievance procedures that assist
recipients to identify, prevent, and effectively respond to sex discrimination.
OCR has enforcement jurisdiction over recipients of Federal financial assistance in all 50 states,
the District of Columbia, and the U.S. territories and possessions, including 56 state education
agencies, 15,000 local educational agencies, 3,600 colleges and universities, and 5,600 proprietary
schools. Other recipients include libraries, museums, and 83 state rehabilitation agencies.
In FY 1996, OCR received 4,828 new complaints and closed 4,886 complaints. Sex
discrimination complaints numbered 324 or nearly seven percent of the incoming complaints. The
agency also initiated 146 compliance reviews, several of which were Title IX reviews, and closed
173 reviews.
Title IX Enforcement Priorities
Complaints to OCR involve complex issues of different treatment and disparate impact on the
basis of sex. In order to focus and prioritize limited enforcement resources, OCR's Strategic Plan
and Enforcement Program highlights the areas of greatest need for our Title IX beneficiaries.
Within these priority areas, in order to ensure that recipients are aware of their Title IX
responsibilities, and so that recipients can work as partners with the Federal government in
enforcing Title IX, OCR has issued several important policies within the last two years. These
priority areas and related policy documents include:
Sexual harassment. On March 13, 1997, OCR issued final policy guidance in the Federal
Register on the subject of sexual harassment. The guidance explains that sexual
harassment is a persistent and serious problem in our elementary, secondary, and
postsecondary schools and states that it can interfere with a student's ability to benefit
from his or her education. The guidance makes clear that school personnel who
understand their Title IX obligations are in the best position to prevent and respond to
sexual harassment, using good judgment and taking into account the age and maturity of
the students involved. It also delineates the responsibility of school administrators to
remedy the problem of sexual harassment once a school has notice of it, and describes
how schools can implement effective grievance procedures. During the next year, OCR
will reproduce and distribute copies of the sexual harassment policy guidance to recipients.
Also, OCR has developed and will distribute a pamphlet setting out in clear, nonlegal
terms how Title IX prohibits sexual harassment and legal requirements for effective
grievance procedures responsive to complaints of sexual harassment. We have already
made these documents available to the public at no cost on OCR's website
(http://www.ed.gov/offices/OCR/) OCR recently sent a letter to all the Chief State
School Officers reminding them of the requirements for designating Title IX coordinators
and for developing effective grievance procedures to handle sex discrimination complaints.
Page 3 - The President
Fairness in testing and assessment practices In the near future, OCR will issue final
guidance for its regional enforcement offices to assist in the investigation of cases alleging
the discriminatory use of tests in making high-stakes educational decisions. The guidance
will set forth well-established legal standards relating to the use and misuse of tests, and
will clearly articulate the existing principles of law that should guide any decision
regarding the use of tests under Title IX or Title VI. OCR will also issue a pamphlet
setting out in nonlegal terms the standards relating to the use and misuse of high-stakes
tests. The Department plans to make the guidance and the pamphlet widely available to
school systems and the public. In addition, during the next year, the Department's Office
of Educational Research and Improvement and the Office of Elementary and Secondary
Education, along with OCR, will work to identify and disseminate promising practices
with regard to the validation and use of tests.
Gender equity in athletics. On January 16, 1996, OCR issued to college and university
presidents and other stakeholders a document relating to issues of gender equity in
athletics. Accompanied by a Dear Colleague letter, OCR's "Clarification of Intercollegiate
Athletics Policy Guidance: The Three-Part Test" explained in clear terms and with helpful
examples the different ways schools can provide students with nondiscriminatory athletic
participation opportunities.
Making sure that female athletes are awarded athletic scholarships consistent with Title IX
requirements is another important enforcement activity. The opportunity to go to college
may elude some students from less advantaged socioeconomic backgrounds, and athletic
scholarships are one way to create that opportunity. OCR is presently investigating 25
complaints alleging violations of Title IX in awarding athletic scholarships.
In the area of vocational educational opportunities for females, OCR has provided state
vocational education agencies assistance in their civil rights enforcement responsibilities. This
includes providing training in areas of gender equity, including sexual harassment and Title IX
grievance procedure requirements. OCR on September 30, 1996, revised the procedures that
assist state vocational education agencies in conducting their civil rights compliance reviews of
local educational agencies. These procedures permit State agencies to focus on specific issues
such as under-representation by sex in non-traditional courses.
Relatively few complaints are filed under Title IX, as compared to other civil rights laws. OCR
will, however, examine on a regular basis whether pervasive Title IX issues are left unaddressed
by either current policy or our system of responding to complaints. If enforcement gaps exist,
OCR will pursue a range of intervention strategies to enforce Title IX, including technical
assistance and compliance reviews.
Page 4 - The President
The Department anticipates furthering the goals of the Strengthening Title IX Initiative by
continuing to aggressively implement enforcement programs like those described here to ensure
that federally assisted education programs meet the requirements of Title IX. We also plan to
work with the Department of Justice, which is relying upon the Department of Education's Title
IX regulation as a model to assist other executive departments and agencies in their development
of new sex discrimination regulations.
Attachment
DEPARTMENT OF EDUCATION
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF THE GENERAL COUNSEL
UNITED STATES OF AMERICA
Merrily Friedlander
Chief, Coordination and Review Section
Civil Rights Division
AUG 20 1997
U.S. Department of Justice
1425 New York Avenue, N.W., Room 4013
Washington, D.C. 20035-5968
Re:
Federally Conducted Education Programs
Dear Ms. Friedlander:
Attached please find the Department of Education's report identifying and describing its
federally conducted education programs. The report has been prepared in the format requested
by your office, and includes, as requested, a separate document identifying possible impediments
to including these programs in an executive order prohibiting discrimination based on race and
gender. A copy of both the report and notes on possible impediments will be transmitted to
Jennifer Levine via e-mail so that you will have electronic versions of the documents.
There are several programs that we did not include in the report, notwithstanding that
some aspects of the program arguably could be considered federally conducted, because we
believe that the program as a whole is a federally assisted program already covered by Title IX
and Title VI.
For instance, many Department programs authorize activities to be conducted either by
grant, cooperative agreement (which is a grant) or contract. We do not believe that the fact that a
contract instrument is used for some program activities is determinative of whether the program is
federally conducted. Instead, we looked at the actual activities conducted under the contract. If
these activities are similar to activities conducted by grants, i.e., decision making and control is
primarily delegated to the entity conducting the activities, and the activities are conducted
primarily to support or stimulate statutory goals and purposes, rather than acquire services for the
direct benefit of the Department, we consider the program as a whole to be a federally assisted
program. We regard all awards under these programs to be federal financial assistance that
invokes coverage under Title VI and Title IX. The following are some examples of these types of
programs:
Women's Educational Equity Act (WEEA), 20 U.S.C. § 7231 -- This $2 million program
promotes educational equity for girls and women. It primarily awards grant to schools,
non-profit organizations, or individuals to implement or develop gender-equity policies
and practices. Through a contract, the program also funds the WEEA Publishing Center.
The Publishing Center builds on the work of the grantees by distributing products
600 INDEPENDENCE AVE.. S.W. WASHINGTON. D.C. 20202-2110
Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.
Merrily Friedlander -- Page2
developed by grantees and providing technical assistance to grantees. It also distributes
other gender equity materials, promotes awareness of gender-equity issues, and maintains
a web cite and 1-800 number in order to respond to questions and to give technical
assistance to the public as requested on gender equity.
Regional Educational Laboratories for Research, Dissemination, and Technical Assistance,
20 U.S.C. § 6041(h) -- This $ 51 million program funds regional laboratories that are
directed to promoting "systemic school improvement strategies." While the statute only
authorizes regional labs to be funded by contract, and the Assistant Secretary of OERI can
ask the labs to conduct research of national importance, the laboratories primarily operate
as federally assisted activities. For instance, the laboratories determine the educational
needs for the region in which they operate and develop and disseminate research products
for schools, teachers, and libraries in the region. In fact, an appropriations rider prohibits
the laboratories from providing services requested by the Department unless the
Laboratory agrees that the request is consistent with regional needs and priorities, as
determined by the Laboratory. The laboratories also provide technical assistance to, and
facilitate communication among, the regions' school officials, school experts, teachers,
parents, and libraries regarding school reform and restructuring:
Safe and Drug Free Schools -- National Programs, 20 U.S.C. § 7131 -- This program
authorizes the Secretary in consultation with the Secretary of HHS, the Director of the
Office of National Drug Control Policy, and the Attorney General to develop programs to
prevent the illegal use of drugs and promote safety for students. Authorized activities
include funding the development of innovative strategies, model training programs,
development of curricula, and the implementation of prevention activities in schools and
communities. The activities are primarily conducted through grants. However, the
program has a contract to establish a higher education technical assistance center to assist
schools in developing campus-based violence prevention programs. As with the WEEA
Publishing Center (discussed above), the contract includes specific tasks but, like federal
assistance, gives the contractor discretion in how to carry out the tasks and to respond to
needs of the field.
We also did not include the Department's other dissemination programs such as the
Educational Resource Information Center (ERIC), 20 U.S.C. § 6041(f), and other clearinghouses.
The clearinghouses merely engage in the routine, administrative task of distributing resources and
materials to anyone requesting such material. Accordingly, WE; do not believe these activities
were intended to be covered by the executive order. For the same reason, we did not include
programs that have merely collected and distributed (without the Department's endorsement)
information about education programs or practices that appear to be promising. However, the
report includes the Department's "National Library of Education." It is included because, in
addition to dissemination activities, the Library can provide individualized reference services to
other federal employees and the general public. Some dissemination programs also provide
technical assistance and financial assistance to developers of educational programs, provide
Merrily Friedlander -- Page3
technical assistance in implementing educational programs, or connect schools and teacher
seeking information to appropriate resource centers. See e.g., 20 U.S.C. § 6041(b). We consider
these to be federally assisted activities.
We also did not include individual Department generated reports sometimes statutorily
mandated -- on specific topics. We do not consider such reports to be education research as they
merely report on existing data. Responsive to your request to be over inclusive, we included the
Department's National Center for Education Statistics. However, to the extent that the NCES
merely collects and reports on educational data, it is unclear whether it should come within the
scope of the executive order.
We did not include grant-related programs and activities. For instance, some federally
assisted programs allow the Secretary to set-aside a certain percent of program funds to evaluate
the impact of the program (see e.g. Charter Schools 20 U.S.C. 8065; Title I program, 20 U.S.C. §
6491; Safe and Drug Free Schools, 20 U.S.C. § 7117), and to develop, replicate, and disseminate
successful programs supported by Department grants, (see e.g., Id (Charter Schools); Life Skills
for Prisoners Program, 20 U.S.C. 1211-2(h), or authorize the Secretary to provide technical
assistance to grantees (see e.g., Id (Life Skills program); see also Innovative Education Program
Strategies, 20 U.S.C. § 7373(a)). We believe that these grant-related activities are beyond the
scope of the executive order.
Finally, we did not include the Direct Student Loan Program because, like all of our
student financial aid programs, we consider it to be federal financial assistance that invokes
coverage under Title VI and Title IX.
Please feel free to call Susan Craig (401-6001) or Lisa Battalia (401-8322) if you have any
questions regarding the report.
Sincerely,
Jamienne S. Studley
Acting General Counsel
Attachments
FEDERALLY CONDUCTED EDUCATION PROGRAMS
Name of Agency: DEPARTMENT OF EDUCATION
Name of Program
FY 1997
Number and Type of
General description of
Authority, Policies, and
Funding
Participants
program
Possible Impediments
Level
National Educational
$54 mil
Not applicable (NA)
Funds support the activities
20 U.S.C § 6031(c);
Research Institutes --
(only $8.4
of rive research institutes
possible impediment (see
non-grant activities
is
within the Department's
note 1)
applicable
Office for Educational
to non-
Research and Improvement
grant
(OERI) and organized
activities)
around topics of national
concern in education. The
institutes conduct a
program of research
primarily through grants to
fund research centers and
studies. The Ass't Sec. of
OERI can also conduct
research directly or through
contract. Other department
programs can make
arrangements with OERI
for research on particular
issues.
Department of Education - -- Page 2
National Educational
Unknown;
Number unknown;
Fellowships support
20 U.S.C. § 6031(c)(1)(D)
Research Institutes - --
program
participants must be
graduate study in
Graduate Study
has not
qualified African-
educational research.
Fellowships
yet been
American, Hispanic,
implemen-
American Indian,
ted
Alaska Native, or
other individuals
from groups which
have been
underrepresented in
the field of
educational research
OERI -- Expert Panels
Unknown;
Unknown at this
The Ass't Sec. can establish
20 U.S.C. § 6041(d)
only in
time
panels of qualified experts
pilot stage
(2/3rds of whom cannot be
U.S. government
employees) to evaluate
submitted educational
programs and recommend
to the Secretary programs
that should be designated as
exemplary or promising
National Library of
$1 mil.
Other federal
Provides comprehensive
20 U.S.C. § 6051
Education
employees and the
reference services on
public
matters related to education
Department of Education -- Page 3
Bypass authority under
$7.15
Title I - Only
Federal contractors provide
20 U.S.C. 6321(d); 20
Title I and Title VI of
million
implemented in
educational services to
U.S.C. § 7372(e).
the Elementary and
(Title I);
Missouri and
eligible private school
Contracts require
Secondary Education
$1 million
Virginia; 4133
children in "bypassed"
compliance with the ADA;
Act
(Title VI)
private school
school districts under Title I
possible impediment (see
students served.
(which provides services to
note 2)
Title VI - 155,037
disadvantaged children) and
private school
Title VI (which encourages
students served
innovative education
strategies). Bypassed
districts are unable or
unwilling to provide
equitable services to private
school children
National Institute for
$149,747
4 fellowships
NIFL awards fellowships to
20 U.S.C. § 1213c(e); 34
Literacy (NIFL) --
awarded to 5
individuals engaged in
CFR Part 1100
Fellowships
individuals
activities that advance the
field of adult education and
literacy
Department of Education -- Page 4
Title I and IDEA
Title I - -
Title I - []; IDEA -
The Secretary provides
20 U.S.C. § 6331(c); Sec.
Allotment for BIA-
$45 mil.;
the last numbers we
money to the Secretary of
61 (I) of the Amendments
Operated Schools
IDEA -
have are from 1993
the Interior to meet the
to the Individuals with
$ 38 mil.
showing 6,731
needs of disad vantaged
Disabilities Act of 1997;
students served
children and children with
potential impediment (see
disabilities in schools
notes 2 and 3)
operated by the Bureau of
Indian Affairs. Note: the
IDEA allotment can be
distributed through
cooperative agreements
(e.g., federal assistance)
Fellowships for Indian
Zero-
75 fellows
Awards fellowships to
20 U.S.C. § 7083; 34 CFR
Students
funded in
Indian students to enable
Part 263; (see note 4)
1996 and
them to study in graduate
1997
and professional programs
($1.1 mil.
In
continua-
tion
awards
only are
still being
funded
with 1995
carryover
funds)
Department of Education -- Page 5
Research on the Status
$4.9
NA
Federal contractors provide
20 U.S.C. § 1213b (see
of Adult Education
million
assistance to States in
note 1)
evaluating the status of
adult education; Secretary
submits report to the
President and Congress
every 4 years on the status
of literacy and adult
education
Vocational Education
The Voc.
NA
Through OERI, the
20 U.S.C. § 2402 (see note
Research Program
Ed.
Department conducts
1)
National
applied research on specific
program
aspects of vocational
budget is
education as they relate to
$13 mil --
improved access for, among
most, but
others, individuals who are
not all, is
disadvantaged or
used for
handicapped, women who
research
are entering nontraditional
careers, individuals who are
single parents, displaced
homemakers, or single
pregnant women, and
individuals with limited
English proficiency.
Department of Education -- Page 6
National Center for
Report/
NA
Primarily through contracts,
20 U.S.C. §§ 9003, 9004
Education Statistics
Survey
the NCES collects and
(see note 1)
(NCES)
costs
reports a wide range of
range
educational data. Cross-
from
sectional Special Purpose
$30,000
Surveys provide detailed
to $30
information in special topic
million
areas of education;
longitudinal surveys collects
information of the same
students over time and
provide information of
academic growth and
experiences. NCES also
produces reports based on
the survey data, such as a
1996 report "Women:
Education and Outcomes,"
and a report titled
"Educational Progress of
Black Youth."
Department of Education -- Page 7
Voluntary National
$13 mil.
At present,
The program is designed to
20 U.S.C. 8001. The
Tests
participants include
test 4th grade students in
contractor will develop
students and parents
reading English and 8th
inclusion guidelines to
participating in field
grade students in
ensure that all students are
tests. We are unable
mathematics. The test is
included in the test. They
to estimate numbers
being developed by a
will also conduct research
at this time
Federal contractor and will
on the valid and reliable
first be administered in the
uses of the test.
Spring of 1999.
Jacob K. Javits
$5.9 mil
247 graduate
Funds provide fellowships
20 U.S.C. § 1134h; 34 CFR
Fellowship Program
students
for graduate (primarily
Part 650
doctoral) study in the Arts,
Humanities, and Social
Sciences to students of
superior ability.
Department of Education -- Page 8
Fulbright-Hays Act --
Faculty -
19 teacher fellows
Funds provide scholarships
22 U.S.C. §§ 2452(b)(6);
Faculty Research and
$744,615;
and 75 doctoral
to scholars to conduct
34 CFR Parts 662 and 663
Doctoral Dissertation
Doctoral -
student fellows
research abroad in the area
Research Abroad
$1.6 mil.
of modern foreign
languages and area studies.
Institutions of Higher
Education participate in the
program through grants by
processing and screening
applications; the Secretary
evaluates and makes a
preliminary selection of
fellows; the final selection is
made by the President's
Board on Foreign
Scholarships
Department of Education -- Page 9
Blue Ribbon Schools
$1 mil.
262 elementary
This program was
NA; possible impediments
schools (the 1998
established by the Secretary
(see note 5)
cycle will select
in 1982. It identifies and
exemplary secondary
recognizes outstanding
schools)
public and private
elementary and secondary
schools, and encourages
these schools to share "best
practices" related to
educational success.
States, the Council for
American Private
Education, BIA and DOD
nominate schools which are
then selected by a national
review panel.
Satellite Town
$215,000
General public
A Department-sponsored
NA; possible impediments
Meetings
(2/3rds of
TV program series that is
(see note 6)
funds
broadcast nationwide.
come
Each program focuses on a
from
particular education issue
corporate
and highlights 4-6
donations)
education programs that
have proven effective in
that area.
Department of Education -- Page 10
Partnership for Family
$1.1 mil
General public
This initiative (which
NA
Involvement in
(most of
includes Read Write Now
Education
which is
and "America Goes Back to
used for
School") encourages
the cost of
families and communities
printing
voluntarily to get involved
Read*Wri
in schools and to help
te Now
children read. As part of
tutoring
the initiative the
materials)
Department occasionally
convenes focus groups, co-
sponsors conferences, and
researches and produces
publications on particular
educational issues.
Department of Education -- Page 11
Presidential Scholars
$250,000
141 high school
This program was
E.O. 11155; possible
Program
seniors
established by executive
impediments (see notes 6
order to recognize
and 7)
outstanding high school
students. A federal
contractor conducts the
initial selection process.
Scholars are ultimately
selected by a presidentially
appointed commission. The
commission picks one male
and one female scholar
from each State. Note that
while the Department
brings scholars to D.C. and
provides them with
me Jallions, a private
foundation pays for the
week of activities for the
scholars.
Teacher's Forum
$100,000
120 teachers
Each year the Department
NA
invites exemplary teachers
to the Department to learn
about the Department and
to learn ways to support
education reform.
NOTES ON POSSIBLE IMPEDIMENTS
Note 1 -- The executive order should not direct or control the selection of research topics or of data collection procedures.
Note 2 -- The Department's Title IX regulations permit recipients to operate single-sex elementary and secondary schools as long as the
recipient provides for members of the other sex, pursuant to the same admission criteria, comparable courses, services, and facilities.
We recommend that the executive order similarly permit the federal government to operate or serve students in single sex schools
where comparable services are provided to members of the other sex.
Note 3 -- Any impediments raised by the Bureau of Indian Affairs relating to programs carried out with BIA appropriations should also
be considered as they relate to the Department's B1A allotments. In addition, the executive order should clarify that the Department's
allotment does not create oversight or enforcement responsibilities for the Department under the executive order.
Note 4 -- The Department has not requested continued funding for the Fellowships for Indian Students program. Thus, it is not
expected that the program will continue to operate after 1997.
Note 5 -- As Title 1X exempts the admissions practices of elementary and secondary schools, we recommend that the executive order
not preclude the Secretary from recognizing exemplary single-sex elementary and secondary schools, where appropriate.
Note 6 -- Where, as here, a federally conducted activity is conducted in partnership with corporate or other private sponsors, we
recommend that the executive order clarify that it applies to those activities of the corporation or private entity that are conducted with
the federal government.
Note 7 -- The executive order should not create an inconsistency with the previous executive order requiring one male and one female
scholar from each state.
Department of Education -- Page 12
Teacher's Listserve
NA
Approximately 200
The Department established
NA
teachers subscribe
this e-mail forum for
(although any
teachers and it manages the
teacher can ask to
subscription list. The
subscribe)
Department provides
information about itself
and highlights promising
practices. Listserve
members also communicate
and share information
among themselves. Note:
It is likely that there are and
will be more Department
Listserves.
STALL BUSINESS SINESS
U.S. SMALL BUSINESS ADMINISTRATION
WASHINGTON, D.C. 20416
Iropir 7787 1991 UNITED UNITED STATED
1953
17918 1987
OFFICE OF GENERAL COUNSEL
October 14, 1997
Bruce Reed
Assistant to the President for Domestic Policy
c/o G. Timothy Saunders
White House Executive Clerk
Old Executive Office Building, Room 5, NW
Washington, D.C. 20503
Brace
Dear Mr Reed:
Enclosed please find a copy of the Title IX Enforcement Plan for the Small
Business Administration (SBA):
Our Equal Employment Opportunity Division and its Civil Rights Compliance
Units have been actively involved in enforcing SBA's non-discrimination policies since
1965. Since 1979, SBA's regulations have contained comprehensive policies and
procedures which prohibit recipients of financial assistance from discriminating on the
basis of sex. We are proud to be in a position to help carry out the President's strong
commitment to non-discrimination policies.
Sincerely
John T. Spotila
General Counsel
cc: Merrily A. Friedlander
Chief, Coordination and Review Section
Civil Rights Division
1425 New York Avenue, N.W., Room 4013
Washington, D.C. 20035-5968
Federal Recycling Program
Printed on Recycled Paper
TITLE IX ENFORCEMENT PLAN
FOR THE U.S. SMALL BUSINESS ADMINISTRATION
A.
Priorities for Enforcement.
1.
Identification of Recipients. SBA has several programs which provide
financial assistance for the purpose of training and education.
a)
Small Business Development Centers. The largest program funded by
SBA which includes a training and education component is the Small Business
Development Center (SBDC) program. SBDCs provide various types of management
and technical assistance to current and prospective small business owners. SBDCs offer
one-stop assistance to small businesses by providing a wide variety of information and
guidance in central and easily accessible branch locations around the country. In each
state there is a primary organization ("Lead SBDC") which sponsors the SBDC and
manages the program. The Lead SBDC coordinates program services offered to small
businesses through a network of regional centers and satellite locations ("Satellite
SBDCs"). SBDCs provide numerous workshops, seminars, and conferences to assist
small businesses.
The Lead SBDC in each state receives grant money from SBA. After combining
the SBA assistance with matching funds provided by other sources, Lead SBDCs
coordinate the funding and activities of Satellite SBDCs. For purposes of Title IX
enforcement, Lead SBDCs are considered recipients of financial assistance from SBA.
Satellite SBDCs are considered sub-recipients.
b) Other Programs. Other training and education programs which receive
financial assistance from SBA are relatively small. However, these programs will receive
the same attention to education and enforcement of non-discrimination laws as we
propose for the SBDC program below.
2.
Current Agency Procedures. As with all financial assistance programs
administered and/or funded by SBA, the SBDC program officials notify recipients of
their responsibility to function in a non-discriminatory manner. Additionally, these
recipients, as well as sub-recipients, are subject to the comprehensive non-discrimination
enforcement procedures set out in the Agency's regulations at 13 CFR Part 113 ("Part
113"). Part 113 prohibits discrimination on the basis of race, color, religion, sex,
handicap or national origin. In addition to non-discrimination in employment practices,
Part 113 covers activities related to the provision of goods, services, accommodations and
credit by the aided business or other enterprise (including recipients), whether or not
operated for profit. To supplement Part 113's current procedures so that they clearly
include Title IX compliance, the Agency will pursue the additional actions set out in
sections B and C, below.
Title IX Enforcement Plan for Small Business Administration, p. 2
3.
Common Rule. SBA has joined with 23 other agencies in developing a
common rule for Title IX education and enforcement. Through its participation in this
common rule, SBA intends to supplement the policies and procedures already contained
in Part 113.
B.
Educating Recipients of their Obligations.
1.
Current Procedures.
a) Part 113. All applicants for financial assistance are currently required to
make affirmative assurances that they will comply with Part 113. For each of its
programs, SBA specifies the form for such assurances and the extent to which like
assurances will be required of sub-recipients. 13 CFR § 113.4. Further, recipients are
required to make available to protected persons such information as SBA may find
necessary to apprise them of their rights to such protection. 13 CFR § 113.5(d).
b) SBDC Program. Lead SBDCs are notified of their obligation to render
their services on a non-discriminatory basis through the SBDC Program Announcement.
This document also provides notice and guidance to SBDCs on such important matters as
Conflicts of Interest, Use of Funds, Legal Services Restrictions and Travel. The
Announcement provides that "no individual may be excluded from any program because
of race, color, religion, sex, age, disability or national origin."
Additionally, the large majority of Lead SBDCs are large universities which are
already subject to the Title IX policies and procedures of the Department of Education.
SBA will seek to establish effective notification and education procedures through its
participation with other agencies in the common rule noted above.
2.
Proposed Supplementary Procedures.
a) Expanded Reference to Part 113. The Agency will seek to highlight the
applicability of Part 113 to recipients of financial assistance by making express reference
to the regulation in contracts, grants and other agreements where such reference is not
already present.
b) Expanded Distribution of Notification Posters. SBA will seek to expand
the distribution of its Form 722, Assurance of Compliance poster to all recipients of
financial assistance. This poster is currently included in packages given to borrowers in
SBA's loan programs. Recipients are required to post this notice in an area visible to
employees, clients and guests. The notice, printed in English and Spanish, states that the
recipient does not discriminate on the basis of race, color, religion, sex, marital status,
age, handicap or national origin and that the recipient provides equal employment
opportunities as well as equal treatment of employees, clients and guests. Additionally,
the notice provides an address to report perceived violations of these policies.
Title IX Enforcement Plan for Small Business Administration, p. 3
C.
Grievance Procedures for Complaints.
1.
Current Procedures. 13 CFR § 113.6 details the Agency's procedures for
investigating complaints of discriminatory practices by recipients and sub-recipients of
financial assistance. Section 113.6 addresses:
Periodic Compliance Reviews;
Complaints;
Investigations;
Resolution of Matters; and,
Intimidatory or Retaliatory Acts.
While the Agency will seek to resolve complaints on an informal basis wherever
appropriate, Part 113 provides for resolution through such other means as:
proceedings before SBA's Office of Hearings and Appeals;
state and federal judicial proceedings; and,
referral to the Department of Justice.
Remedies provided by Part 113 include:
suspension or termination of financial assistance agreements;
calling, canceling, terminating, accelerating repayment or suspending, in
whole or in part, the financial assistance previously extended; and,
all other remedies authorized by law.
2.
Proposed Supplementary Procedures.
a) Additional Delegation Agreements. To supplement the Agency's existing
procedures, SBA will seek to enter into delegation agreements with the Departments of
Education and Justice where such agreements are not already in place. These agreements
will allow SBA to refer certain large, complex or unique cases to another agency with
more appropriate resources and/or expertise.
b) Common Rule. SBA anticipates that the common rule discussed above
will address supplementary procedures for handling Title IX complaints.
U.S. Department of Labor
Office of the Assistant Secretary
for Administration and Management
DEPARTMENT OF LABOR
Washington, D.C. 20210
UNITED STATES OF
SEP 12 1997
Mr. Bruce Reed
Assistant to the President
for Domestic Policy
c/o Mr. G. Timothy Saunders
White House Executive Clerk
OEOB - Room 5 NW
Washington, D.C. 20503
Dear Mr. Reed:
This responds to the request from the Department of Justice for submission of the Title
IX Enforcement Strategy for the Directorate of Civil Rights, Department of Labor. We
have addressed the three concerns raised in the President's June 17, 1997,
memorandum: priorities in enforcement; making recipients aware of their obligations;
and procedures for processing complaints alleging a violation of Title IX.
If you have any questions, please feel free to have a member of your staff contact
Mr. Bud West of my staff: He may be reached at (202) 219-8927.
Sincerely,
ANNABELLE T. LOCKHART
Director
Directorate of Civil Rights
Enclosure
U.S. DEPARTMENT OF LABOR
TITLE IX ENFORCEMENT STRATEGY
This enforcement strategy is the Department of Labor's (DOL) response to the
President's plan to strengthen Title IX enforcement in federally-assisted educational
programs. In his June 17, memorandum, the President asked the head of each
executive agency to submit a report which would describe: (1) the department's
priorities for enforcement; (2) methods to make recipients of Federal financial
assistance aware of their obligation not to discrimination; and (3) procedures to handle
complaints.
The Job Training Partnership Act, as amended (JTPA), is the major funding source for
DOL funded education and training programs and activities that are subject to Title IX.
Section 167 of the JTPA prohibits discrimination on a number of bases, including sex.
DOL published, in 1992, regulations implementing the nondiscrimination provisions of
the JTPA. Thus, while, DOL does not have a regulation specifically for Title IX, it does
have a very comprehensive regulation addressing such issues as enforcement,
assurances and complaint procedures for the vast majority of DOL assisted educational
and training programs and activities. Consequently, the task before the Directorate of
Civil Rights (DCR), the agency within DOL charged with enforcing Title IX, is to identify
those education and training programs and activities not assisted under JTPA and to
ensure they conform to the requirements of Title IX.
The strategy described below addresses each of the concerns listed in the President's
June 17, 1997 memorandum. First, it briefly shows how DOL is currently addressing
each of those concerns and second, it describes how DOL will strengthen its
enforcement efforts.
1.
PRIORITIES FOR ENFORCEMENT
(A) Current Status. As noted above, the vast bulk of the education and training
programs and activities assisted by DOL are funded under the JTPA. The
nondiscrimination provisions of the JTPA specifically apply the prohibitions against sex
discrimination of Title IX. Regulations implementing the nondiscrimination provisions of
the JTPA are published at 29 CFR Part 34. These regulations prohibit discrimination
on the basis of sex in all programs (not just education and training programs) funded in
whole or in part by JTPA; establish compliance standards; and describe the
enforcement process in cases of non-compliance. One tool in DCR's enforcement
strategy is the Methods of Administration (MOA). MOA's are required from continuing
state programs funded under JTPA. These documents describe the means by which
the state will ensure that its JTPA funded programs and activities (including education
and training programs and activities) operate in a nondiscriminatory way.
- 1 -
(B) Enforcement Strategy. Government-wide regulations implementing Title IX of the
Education Amendment of 1972, as amended, are being prepared by the Department of
Justice (DOJ). DOL intends to subscribe to and enforce these regulations. Prior to the
publication of these regulations, the Directorate of Civil Rights (DCR), the agency
within DOL charged with the enforcement of Title IX, will review 29 CFR Part 34 to
determine if any conflicts exist between the two. Where DOJ's Title IX regulations
place a standard upon recipients that is higher than that imposed by Part 34, DOL will
publish revised sections of Part 34, thus making its standards at least as high as those
in the DOJ Title IX regulation. Section 34.1 (c)(1) provides that "a recipent's
compliance with this part shall satisfy any obligation of the recipient to comply with 29
CFR Part 31, implementing title VI of the Civil Rights Act of 1964, as amended and with
subparts A, D, and E of 29 CFR part 32, implementing section 504 of the Rehabilitation
Act of 1973, as amended." DOL proposes to add the DOJ Title IX regulation to this list.
2.
MAKING RECIPIENTS AWARE OF THEIR OBLIGATIONS
(A) Current Status. Regulations implementing the nondiscrimination provisions of the
JTPA include provisions requiring that recipients of funds under JTPA, either directly or
indirectly from DOL, are aware of their obligations. For example, $34.20(a) provides
that each application for Federal financial assistance under JTPA must contain an
assurance with respect to the operation of the JTPA-funded program or activity. This
assurance, contained in the regulation itself, obligates the recipient to comply fully with
Title IX (as well as other non-discrimination laws) and with all applicable requirements
imposed by or pursuant to regulations implementing those laws, including but not
limited to 29 CFR part 34. The assurance also provides that the United States has the
right to seek judicial enforcement of the assurance. Part 34 also requires that this
assurance be included in all agreements or arrangements to carry out the JTPA-funded
program or activity.
Addtionally, DCR places significant effort on training and technical assistance. For
example, DCR sponsors an annual equal opportunity training conference, for recipients
of financial assistance from DOL, including operators of education and training
programs.
(B) Enforcement Strategy. Under 29 CFR part 34, JTPA-funded programs and
activities (including education and training programs and activities) are sufficiently
aware of their obligations, including their obligation not to discriminate on any
prohibited ground, including sex. As its strategy to ensure that non-JTPA education
and training programs are aware of its planned enforcement strategy, DCR will focus
on those education and training programs and activities that do not receive JTPA
funding. As an initial step, DOL has already determined that these programs and
activities are limited to those funded by the Occupational Health and Safety
Administration (OSHA) and the Mine Safety and Health Administration (MSHA). DCR
2
will meet and discuss with these agencies their obligation to inform recipients of Title IX
and its nondiscrimination provisions. In addtion, DCR will review the agencies grant-
making procedures to ensure that appropriate attention to Title IX is paid. Finally, DCR
will extend its training and techical assistance efforts to those recipients who will be
covered by the government-wide Title IX regulations.
3.
PROCEDURES FOR HANDLING COMPLAINTS
(A) Current Status. Title 29 CFR part 34 addresses procedures for filing and
processing complaints of discrimination, including sex discrimination. First, part 34
requires that each recipient establish a procedure for processing complaints. The
existence of these procedures must be made known to applicants, participants and
employees of the recipient through a variety of verbal and written means. Second, part
34 provides that applicants for, participants in, and employees of the recipient may file
a complaint either with the recipient or with DCR Where the complainant fails to
obtain a satisfactory resolution through the recipient's complaint procedure, he or she
may file with DCR. Part 34 also requires that recipients maintain a log of complaints
and their outcomes, as well as maintain documents associated with such complaints for
a period of three years.
(B) Enforcement Strategy. As noted above, education and training programs and
activities funded by OSHA or MSHA are the only education and training programs or
activities that are DOL funded that do not also receive JTPA-funds. Programs or
activities that do not receive any JTPA funds are not covered by part 34. DCR will
work with OSHA and MSHA to ensure that program participants are aware of their right
to file a complaint with the recipient or with DCR.
- 3 -
DEPARTMENT OF THE
United States Department of the Interior
U.S.
OFFICE OF THE SECRETARY
MARCH 3, 1849
Washington, D.C. 20240
SEP 26 1997
Mr. Bruce Reed, Assistant to
the President for Domestic Policy
c/o Timothy Saunders, White House Executive Clerk
Old Executive Office Building, Room 5
Washington, D. C. 20503
Dear Mr. Reed:
This is in response to the portion of President Clinton's memorandum dated June 17, 1997,
page 2, second paragraph, in which the heads of executive departments and agencies were
requested to provide information regarding their Title IX compliance and enforcement policies.
Enclosed for your review is the Department of the Interior's report.
Should you have any questions regarding this report, please do not hesitate to contact
Melvin C. Fowler of this Office at 202 208-3455.
Sincerely,
Deputy Assistant Secretary
for Workforce Diversity
Enclosure
cc: Chief, Coordination and Review Section
Civil Rights Division, Department of Justice
1
Enforcement of Title IX by the Department of the Interior
On June 17, 1997, President Clinton announced his plans for strengthening the
enforcement of Title IX of the Education Amendments of 1972, as amended (Title IX),
20 U.S.C. paragraph 1681. This statute prohibits discrimination on the basis of sex in
federally assisted education programs. The President directed each agency, in
consultation with the Department of Justice, to report on measures to ensure effective
enforcement of Title IX, including a description of the agency's priorities for enforcing
this statute, methods to make recipients of Federal financial assistance aware of their
obligations not to discriminate under Title IX, and procedures to handle Title IX
complaints.
In accordance with the President's directive of June 17, the Department of the Interior
(Department) has taken or will take the following steps to invigorate Title IX
enforcement with respect to its programs.
I. Priorities for the enforcement of Title IX
A. Identification of federally assisted education programs
The Department will conduct an inventory of federally assisted education
and training programs and review the inventory to determine which programs are
subject to Title IX in consultation with staff in the Civil Rights Division,
Department of Justice (DOJ). If programs have not been previously identified,
the Department will notify recipients of their obligations. The Department's Civil
Rights Program staff, Office for Equal Opportunity (OEO) will coordinate
enforcement within the Department.
B. Promulgation of a Title IX regulation
The Department in cooperation with the Civil Rights Division, DOJ, has
taken steps to promulgate a Title IX regulation. The Department is one of
twenty-four agencies participating in the publication of a common rule to
implement Title IX. On August 11, 1997, the Department provided the Acting
Assistant Attorney General for Civil Rights with information for drafting a Notice
of Proposed Rulemaking to enforce Title IX. As a priority concern, the
Department will continue to cooperate with the DOJ by responding to any
information requests related to the publication of the Title IX common rule.
C. Assurances of compliance with Title IX by recipients
The Department's Civil Rights Program staff, OEO, will meet with
components that fund programs covered by Title IX to determine whether
2
assurances of compliance are obtained routinely from recipients, and whether
the component or office performs any sort of preaward review, i.e., whether the
office seeks information regarding the applicant's compliance with civil rights
laws. For example, Civil Rights Program staff, OEO, will seek to determine if the
component has sought information as to whether the applicant is a defendant in
a pending lawsuit alleging a civil rights violation or a party to a settlement
agreement for similar allegations, and whether the applicant is subject to a
finding of noncompliance by another Federal agency as a result of a complaint
investigation or compliance review. Civil Rights Program staff, OEO, will provide
assistance to the components in developing a form for seeking assurances of
compliance with Title IX (and other applicable civil rights laws). In addition, upon
request from a component, Departmental Civil Rights Program staff will assist
components as they prepare for preaward reviews.
D. Training/Policy Development
The Department plans to conduct training on the requirements of Title IX
for all Bureau civil rights staff. We plan to consult with officials at DOJ and
request their assistance in providing Title IX training. The Department will also
use the monthly technical assistance sessions for Bureau civil rights staff to
disseminate information and to keep Bureau personnel aware of their Title IX
responsibilities. Policies on the implementation of Title IX will be issued and/or
revised to incorporate the provisions in the common rule.
E. Delegation Agreement with the Department of Education
Currently the Department has a delegation agreement with the
Department of Education that covers all civil rights statutes except Title IX. The
delegation agreement addresses civil rights compliance matters in DOI's
federally assisted elementary and secondary schools and institutions of higher
learning. The Department, in cooperation with the DOJ, intends to reevaluate
the current civil rights delegation agreement with the Department of Education to
determine its effectiveness. The Department plans to amend this agreement, as
appropriate, to cover the requirements of Title IX. If a decision is made to cancel
the agreement, the Department will explore other avenues to secure assistance
or develop policies and procedures to ensure the Department's responsibilities
under Title IX and other civil rights statutes are met.
II.
Methods for making recipients and beneficiaries aware of their Title IX
obligations and rights
The Department will notify recipients and beneficiaries of their respective
responsibilities and rights under Title IX through several avenues.
3
A. The Department will develop a brochure¹ tailored to Department of Interior
recipients and beneficiaries regarding their respective obligations and rights
under Title IX. This material will be included in all grant packages and award
documents to new and continuing Department of Interior recipients. In addition,
the Departmental Civil Rights Program staff will revise its poster to include
information on Title IX. The poster, currently in use by Department of Interior
federally assisted recipients, will inform recipients and beneficiaries of the
nondiscrimination requirements of Title IX in addition to other related
nondiscrimination statutes, and will provide information on how to file a
complaint. In instances where handbooks for recipients of federal financial aid
exist, they will be revised to include information on the requirements of Title IX.
B. The Department will use the "World Wide Web Home Pages" as a medium for
disseminating information on the obligations and rights of recipients and
beneficiaries under Title IX. Bureaus will be directed to provide recipients with
information on Title IX through regional newsletters and other means used to
communicate with current and new recipients.
III.
Procedures for handling Title IX complaints and other enforcement
strategies
A. Recipient grievance procedures
The proposed Title IX regulation will require that recipients develop
grievance procedures to address complaints alleging violations under Title IX.
We expect that many recipients of Departmental funds currently have grievance
procedures that address Section 504 or other matters, and that Title IX
complaints can be incorporated into such mechanisms. Departmental Civil
Rights Program staff will meet with each component that administers federally
assisted education programs to determine the extent to which recipients in fact
have grievance procedures. The Departmental Civil Rights Program staff will
assist the components in assessing the adequacy of these grievance procedures
for student and employee complaints and provide technical assistance, as
requested. The Department will work with recipients to improve their procedures
where deficiencies are found.
¹The Department's Title IX brochure will address other statutes that prohibit
discrimination in Department of Interior-funded programs, including Title VI and Section 504 of
the Rehabilitation Act of 1973 (that prohibits discrimination on the basis of disability).
4
B. The Department's Title IX Complaint Procedures
The proposed Title IX regulation will adopt the enforcement scheme under
Title VI. The Department receives complaints from individuals who believe they
have been discriminated against on the basis of sex in a federally assisted
education program or activity funded by the Department. The Department will
continue to use its existing Federal financial assistance civil rights procedures to
address sex discrimination in federally assisted education programs until a final
rule is published. Under our current procedures, a complaint is received by the
Departmental Civil Rights Program staff and forwarded to the Bureau's for
investigation and/or resolution. However, when the final rule is published, the
Department will revise its policies and develop guidelines for processing Title IX
complaints. Procedures for monitoring the status of complaints will be included.
Recipients and beneficiaries will be notified of the revised complaint procedures
through the avenues discussed under Item II.
United States Department of State
Office of Equal Employment Opportunity
and Civil Rights
Washington, D.C. 20520-4216
October 3, 1997
Mr. Bruce Reed
Assistant to the President for Domestic Policy
c/o Timothy Saunders
The White House.
Washington, D. C. 20500
Dear Mr. Reed:
The Secretary has asked me to respond to President
Clinton's June 17, 1997 Memorandum to Executive Department
Heads, requesting a report on measures to ensure effective
enforcement of Title IX of the Education Amendments of 1972.
We support the Title IX initiative and welcome the chance to
review and make changes with respect to the role of the
Department of State (DOS) in strengthening Title IX
enforcement.
Our first enforcement priority is to participate in the
Title IX federally assisted regulations "Common Rule" being
drafted by the Department of Justice (DOJ). We have
indicated our intent to adopt the Common Rule and have
provided DOJ with technical information regarding
publication of the rule for the DOS. In addition, we are
currently preparing a list of covered programs for
submission to the DOJ.
Although we have very few federally assisted education
programs (we have identified only three such programs to
date), we will undertake additional efforts to ensure that
fund recipients are aware of their Title IX as well as their
Title VI and 504 obligations. Specifically, we will prepare
a Title IX assurance form to be provided to all fund
recipients upon receipt of the grant or award. In addition,
we will periodically distribute posters and/or brochures to
fund recipients describing beneficiary rights and recipient
obligations.
-2-
We intend to address complaints of discrimination in
these programs in several ways. Our current Delegation
Agreement with the Department of Education (ED) requires
that ED process all Title VI and 504 complaints against
recipients who receive ED and DOS funds. We will explore
with ED whether this Agreement could be expanded also to
cover Title IX complaints against such institutions. In
addition, we understand that DOJ may revise inter-agency
Delegation Agreement forms. We hope to participate in that
process and expect to adopt the final revised agreement
form.
Any complaints against non-ED recipients that receive
DOS funds will be processed in accordance with the
procedures set forth in the Common Rule. As part of the
Common Rule, recipients will be required to establish
internal grievance procedures to resolve complaints. We
will work with institutions that have no current grievance
process in the efforts to develop one. In addition, for
those institutions not directly affiliated with an ED-
covered entity, the DOS will explore the feasibility of
developing a compliance review mechanism to determine their
adherence to Title IX regulations.
Because we have so few federally assisted education
programs, we have not, prior to this time, sought the
resources for an extensive Title IX enforcement program.
However, reorganization efforts are underway with respect to
the Department of State, the United States Information
Agency and the Arms Control and Disarmament Agency. Our
efforts to enforce Title IX will be consolidated when the
reorganization is complete. At this time, each agency will
submit a separate Enforcement Plan.
If you have any questions regarding this matter, please
contact Mr. Thomas Jefferson, Jr., Associate Director, of
this office on (202) 647-9295.
Sincerely,
Deidre
&
Davis
Deidre A. Davis
Deputy Assistant Secretary
CC:
Jennifer Levin, Esq.
Department of Justice
DEPARTMENT OF COMMERCE
THE SECRETARY OF COMMERCE
Washington, D.C. 20230
UNITED STATES of AMERICA
OCT - I 1997
The President
The White House
Washington, DC 20500
Dear Mr. President:
In response to your recent directive seeking to strengthen enforcement of Title IX of the
Education Amendments of 1972, I have enclosed the Department of Commerce's plan to
fulfill the needs of this historic legislation. This Department is committed to eliminating
gender discrimination in any education-related program or activity that receives Federal
financial assistance. I strongly believe that our society will only reach its full potential
when all of our citizens have equal opportunities.
Respectfully,
William M. Daley
Enclosure
PLAN TO STRENGTHEN ENFORCEMENT OF
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972
September 1997
U.S. DEPARTMENT OF COMMERCE
Office of Civil Rights
Courtland Cox, Director, Office of Civil Rights
PLAN TO STRENGTHEN ENFORCEMENT OF
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972
U.S. Department of Commerce
Item 1: Description of Commerce's priorities for enforcement of Title IX:
Plan for Item 1: All Commerce programs that provide Federal financial assistance to
education programs and activities will be designated as priorities for
the enforcement of Title IX of the Education Amendments of 1972.
Commerce will work with the Department of Justice and other
agencies to develop a common rule for Title IX enforcement. The
common rule will be designed to eliminate discrimination on the
basis of sex in any education program or activity receiving Federal
financial assistance and cover all education programs or activities
that receive Federal financial assistance through Commerce.
Item 2: Methods to make recipients of Federal financial assistance aware of their
obligation not to discriminate on the basis of gender:
Plan for Item 2: a. Commerce will work with the Department of Justice and other
agencies, to develop a common rule for Title IX enforcement.
b. The common rule for Title IX enforcement will require every
application for Federal financial assistance through Commerce to
be accompanied by an assurance, from the applicant or recipient,
that each education program or activity operated by the applicant
or recipient will be operated in compliance with Title IX.
c. In addition to the notice provided by the publication of the
common rule for Title IX enforcement, Commerce bureaus will
increase the awareness of applicants for and recipients of Federal
financial assistance of their obligation to comply with Title IX
through staff contacts and publication of the requirements in
Commerce's pages on the World Wide Web.
-2-
Item 3: Grievance procedures to handle Title IX complaints:
Plan for Item 3: Commerce will work with the Department of Justice and other
agencies to develop a common rule for Title IX enforcement. The
common rule will require each recipient to designate an official to
coordinate its efforts to comply with Title IX, including any
investigation of any complaint or grievance received by the
recipient. Also, the common rule will require each recipient to adopt
and publish grievance procedures providing for prompt and
equitable resolution of student and employee complaints alleging
any action that would be prohibited by Title IX. In addition, the
common rule will include a procedure for the processing and
investigation of any complaint received by Commerce that alleges
any action by a recipient that would be prohibited by Title IX.
ID #
207839
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
H INTERNAL
I INCOMING
Received (YY/MM/DD) 97/09/16
Date Correspondence
ISABELLE KATZ PINZLER 97 SEP 17 pm1:24
Name of Correspondent:
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: DEPARTMENT OF in JUSTICE RESPONSE To PRESIDENT
CLINTON'S JUNE 17 MEMO ON TITLE IX ENFORCEMENT
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Tim SAUNDERS EXEC CLERK
ORIGINATOR
07/09/16
( 97,09,
Referral Note:
Tony STERN - STAFF DECRETARY A
97/09/16
C 97,09,25
Referral Note:
MARIA ECHAVESTE
A 1027
/ /
Referral Note:
1027
JENNIFER KLEIN
/ /
Referral Note:
1027
ELENA KAGAN
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D. Draft Response
S For Signature
F. Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A
Completion Date = Date of Outgoing
Comments:
NOT FOR THE PRESIDENT'S TRANSMITTAL To THE
CONGRESS
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
U.S. Department of Justice
Civil Rights Division
Office of the Assistment Andeney General
Wishitgton, DC 20035
September 16, 1997
Mr. Bruce Reed
Assistant to the President for
Domestic Policy
c/o White House Executive Clerk's Office
Old Executive Office Building
Room 5, NW
Washington, D.C. 20503
Dear Mr. Reed:
Enclosed is the Department of Justice Enforcement Plan
regarding Title IX of the Education Amendments of 1972. This
Plan is being submitted in compliance with the directive issued
by the President on June 17, 1997.
Sincerely,
Isabelle Katz Pinzler
Acting Assistant Attorney General
Civil Rights Division
Enclosure.
Enforcement of Title IX by the Department of Justice
On June 17, 1997, President Clinton announced his plans for
strengthening the enforcement of Title IX of the Education
Amendments of 1972, as amended "Title IX"), 20 U.S.C. § 1681,
which prohibits discrimination on the basis of sex in federally
assisted education programs. The President directed each agency
in consultation with the Department of Justice, to develop an
enforcement plan that includes the agency's priorities for
enforcing Title IX, methods to make its recipients aware of their
obligations under Title IX, and procedures to handle Title IX
complaints. Part I contains the Department of Justice's Title IX
enforcement plan. Part II summarizes the Department's actions as
coordinator of Title IX enforcement.
I.
Department of Justice Title IX Enforcement Plan
In accordance with the President's directive of June 17, the
Department has taken or will take steps to invigorate Title IX
enforcement with respect to its programs, as set forth below.
A.
Priorities for the enforcement of Title IX
1. Identification of federally assisted education programs
On August 8, 1997, the Attorney General sent a memorandum to
the heads of Departmental components notifying them of the
President's directive, asking them to designate a contact person
for this initiative, and directing them to identify and report
their federally assisted, education and training programs to the
Civil Rights Division, which has been designated to coordinate
this effort. The Civil Rights Division is reviewing these
submissions and will be meeting with representatives of
components that administer programs subject to Title IX.
While only two or three components or offices fund most of
the Department's traditional' grant-in-aid programs, some of
which are covered by Title IX the Civil Rights Division also is
identifying other federally. assisted education and training
programs and téchnical assistance that are provided to State and
local criminal justice agencies at little or no cost to the
recipient, e.g., training provided to law enforcement agencies by
the FBI at the National Police Academy at Quantico, Virginia;
training for sheriffs provided by the Marshals Service; etc.
Although these latter programs are covered by Title IX, it is
likely that a number of them heretofore have not been identified
formally as being covered by this statute and, therefore, further
action is necessary to notify recipients of: their obligations and
to coordinate effective enforcement by the Department.
2. Promulgation of a Title IX regulation
The Department will be one of the agencies participating in
the publication of the Title IX common rule, which the Civil
Rights Division is developing for 24 agencies (see discussion
below in Part IIB)
3. Assurances of compliance with Title IX by recipients
When it meets with individual components that fund programs
covered by Title IX, the Civil Rights Division also will
determine whether assurances of compliance are obtained routinely
from recipients, and whether the component or office performs any
sort of preaward review, i.e., whether the office seeks
information regarding the applicant's compliance with civil
rights laws. For example, the component may inquire whether the
applicant is a defendant in a pending lawsuit alleging civil.
rights violations or a party to a settlement agreement for
similar allegations; and whether the applicant is subject to a
finding of noncompliance by a Federal agency as a result of a
complaint investigation or compliance review. The Civil Rights
Division will provide assistance to the components in developing
a form for assurances of compliance with Title IX (and other
applicable civil rights laws) and will evaluate whether a single
form is appropriate for the Department. In addition, upon
request from a; component, the Civil Rights Division may assist
components in performing preaward reviews.
B.
Notification to recipients and beneficiaries of their rights
and responsibilities under Title IX
The Department believes it is equally important not only to
educate recipients of their obligations under Title IX, but also
to inform beneficiaries of their rights under Title IX. In this
regard, the Civil Rights Division will prepare a brochure
tailored to Department of Justice recipients and beneficiaries
regarding their respective obligations and rights under Title
IX.
This material will be included in all grant packages and
The Division has published and widely distributed a
brochure regarding Title VI of the Civil Rights Act of 1964
(which prohibits discrimination on the basis of race, color, and
national origin) as applied throughout the Federal government.
The Division Title IX brochure will be specific to the
Department of Justice and also will, address other statutes that
prohibit discrimination in Department of Justice funded programs,
including Title VI; Section 504 of the Rehabilitation Act of 1973
(which prohibits discrimination on the basis of disability), and
the Omnibus Crime Control and Safe Streets Act (which prohibits
discrimination on the basis of race, color, religion, national
origin, and sex)
2
award documents to new and continuing Department of Justice
recipients. The Civil Rights Division also will develop a poster
for use by Department of Justice recipients that will inform
recipients and beneficiaries of the nondiscrimination
requirements of Title IX and related nondiscrimination statutes,
and will provide information on how to file a complaint.
In addition, the upcoming edition of the Civil Rights Forum,
the Civil Rights Division's quarterly newsletter, highlights the
President's initiative to reinvigorate the enforcement of Title
IX. The newsletter is distributed to more than 6, 000 civil
rights professionals and organizations, State and local
governments (many of which are recipients of Departmental
assistance), and professional and community organizations to
increase their awareness and understanding of issues relating to
Titles VI and IX.
C.
Procedures to handle Title IX complaints and other
enforcement strategies
1.
Internal recipient grievance procedures
The proposed Title IX regulation will require that
recipients develop grievance procedures to address complaints
alleging violations under Title IX. It is envisioned that many
recipients of Departmental funds, including police departments
and corrections departments, currently have grievance procedures
to address Section 504 or other matters, and that Title IX
complaints can be incorporated into such mechanisms. The Civil
Rights Division will meet with each component that administers
federally assisted éducation programs to determine the extent to
which recipients in fact have existing grievance procedures. The
Division will assist the components in assessing the adequacy of
these grievance procedures and provide technical assistance, as
requested.
2.
Department of Justice Title IX complaint and compliance
review procedures
The proposed Title IX regulation will adopt the enforcement
scheme under Title VI. Currently, each funding component is
responsible for investigating complaints of discrimination and
conducting preaward and postaward compliance reviews in its
programs of Federal financial assistance. The Civil Rights
Division's Coordination and Review Section has entered into
Memoranda of Understanding with the Office of Justice Programs
and the Asset Forfeiture Section of the Criminal Divisiòn to
assist in the investigation of complaints against recipients of
assistance from those offices that allege violations of Title VI
and related statutes in the delivery of services by such
recipients. It is expected that the Civil Rights Division will
accept responsibility for the receipt and investigation of
3
complaints alleging violations of Title IX by a recipient of
Departmental assistance from those offices and components that
request such assistance. In addition, the Division may perform
postaward compliance reviews upon request of components that have
specific concerns about possible sex discrimination in their
funded programs.
To the extent that a delegation agreement is established
between agencies as discussed in Part IIC, the Department of
Justice will be a participant in such an agreement.
II. Department of Justice as Coordinator of Title IX Enforcement
Under Executive Order 12250, the Attorney General has
authority to coordinate the Executive branch's enforcement of
Title IX. 45 Fed. Reg. 72995 (1980) This authority has been
delegated to the Civil Rights Division. See 28 C.F.R. § 0.51.
Pursuant to Executive Order 12250 and, as described in the
President's memo, our role as a consultant to agencies, the Civil
Rights Division has taken several steps to assist agencies in
their efforts to invigorate Title IX enforcement. In summary,
the Civil Rights Division: 1) held a meeting for 28 agencies on
June 30, 1997, to discuss the President's initiative and is
providing ongoing technical assistance to agencies as they
develop Title IX enforcement plans; 2) is drafting a regulation
to ensure the effective and consistent enforcement of Title IX,
which will be adopted by 24 agencies as a common rule; and 3) is
drafting a delegation agreement that will share enforcement
responsibilities among the affected agencies with respect to
multifunded recipients.
A.
June 30, 1997, meeting with agencies and ongoing technical
assistance on development of Title IX enforcement plans
Initially, representatives of the 28 agencies that fund or
operate federally assisted programs attended a meeting that the
Civil Rights Division held on June 30, 1997. At this meeting,
Division representatives discussed the President's memorandum of
June 17, the required elements of an agency's Title IX
enforcement plan, and suggestions for agency action. The
Division also notified agencies of its intention to develop a
regulation for the enforcement of Title IX for those agencies
that do not currently have such a regulation, and our interest in
publishing this text as a common rule.
2
Title IX directs each department and agency empowered to
extend Federal financial assistance to education program or
activity to effectuate its provisions by issuing rules,
regulations, or orders of general applicability, 20 U.S.C.
§ 1682. A regulation is essential for adequate enforcement of
4
Since that meeting, the Coordination and Review Section has
provided oral guidance and suggestions to many agencies on the
types of enforcement activities they may consider and pursue, and
has reviewed and provided comments on draft enforcement plans for
other agencies. In addition, the Coordination and Review
Section, in coordination with the Department of Education (ED)
which has expertise in Title IX, will expand its training
program to include an overview of principles under Title IX.
B.
Draft regulation for enforcement of Title IX by agencies
currently without regulations
As mentioned, the Civil Rights Division also is drafting a
regulation to enforce Title IX. All 24 agencies that currently
do not have a Title IX regulation have agreed to participate in
the rulemaking. The regulation will be published via the common
rule procedure. Thus, a notice of proposed rulemaking (NPRM)
will be published jointly by the 24 agencies in the Federal
Register and, subject to minor, technical variations, the
agencies will propose identical text for the regulation. In
addition, we expect that the four agencies that do have Title IX
regulations will publish technical amendments SO that their
regulations will conform to the text of the common rule. The
proposed text of the NPRM is based upon the text of ED's
regulation, 34 C.F.R. Part 106, with modifications to reflect
statutory amendments in 1976 and 1988 since ED's regulations have.
not been updated to reflect these changes.
S
Title IX because a regulation contains administrative
requirements (such as promulgation of grievance procedures,
designation of a coordinator, and processing of complaints) as
well as essential interpretations. Since all departments and
agencies should interpret Title IX consistently, it is important
that they all be governed by similar standards.
The Coordination and Review Section currently provides
basic training to Federal agencies on Title VI, upon request.
4
It is important that all agencies interpret Title IX
consistently and that all recipients be governed by similar
regulatory standards. The Department is using the ED regulation
as a model for many reasons, including the fact that ED has had a
Title IX regulation since that department was created in 1980,
and because most educational institutions are funded by ED and
are familiar with ED's Title IX regulation.
5
The regulations were issued initially by the former
Department of Health, Education, and Welfare (HEW) in 1975. Upon
the establishment of ED in 1980, ED reissued HEW's regulations as
its own. See 45 Fed. Reg. 30802, 30955 (1980)
5
On July 25, 1997, the Civil Rights Division solicited the 24
participating agencies for technical information needed in
preparing the NPRM. In addition, on August 18, 1997, the
Division submitted the draft NPRM to the Office of Federal
Register for a technical review of format. The draft also is
being submitted to the Equal Employment Opportunity Commission
(EEOC) for review under Executive Order No. 12067, and to ED for
review. Upon receipt of feedback from the EEOC and ED; we will
submit the draft NPRM to the participating agencies.
C. Draft delegation agreement to share Title IX enforcement
responsibilities
Third, the Civil Rights Division has drafted a delegation
agreement that would share investigatory and certain enforcement
responsibilities among the 28 agencies with Federally assisted
programs to ensure that action is taken to address complaints of
discrimination appropriately and properly. This proposal, inter
alia, increases communication and sharing of information between
agencies that provide Federal assistance, and allows agencies
that receive complaints of discrimination against a recipient
that is also funded by ED, the Departments of Health and Human
Services (HHS) or Veterans Affairs (VA) to refer such complaint
to one of those agencies for investigation and enforcement
action, if appropriate. By this agreement, agencies with limited
resources can focus their enforcement efforts on those recipients
that are not multifunded. The agreement also will prevent
duplication of effort by the Federal government and/or undue
burdens on recipients. We intend to provide the draft agreement
to ED, HHS, and the VA for their respective review. Upon receipt
of their comments, we will submit the draft agreement to the
remaining participating agencies for review. Upon finalization,
we expect to publish the agreement in the Federal Register.
6
ID #. 20.7837
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
H. INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
97/09/16
Name of Correspondent:
GEORGE E REESE
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESPONSE
To PRESIDENT (LINTON'S JUNE 17 MEMO ON TITLE 1X
ENFORCEMENT
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
TIM SAUNDERS EXEC CLERK
ORIGINATOR
97/09/16
( 97,09,16
Referral Note:
Tonn STERN - O'TAFF SECRETARY
A
97,09,16
C 97109 &J
Referral Note:
Maria Ehaveste
ACJ
97,09 125
/ /
Referral Note:
Jennifer klein
ACJ
97109125
/ /
Referral Note:
Elena kagan
3
97109125
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R - Direct Reply w/Copy
B Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
NOT FOR THE PRESIDENT'S TRANSMITTAL To THE CONGRESS
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
National Aeronautics and
Space Administration
Headquarters
Washington, DC' 20546-0001
Reply 'O Aun of
El
Mr. Bruce Reed
Assistant to the President for Domestic Policy
Room Five
Old Executive Office Building
Washington, DC 20503
Dear Mr. Reed:
As requested by President Clinton in his June 17, 1997, memorandum: this letter contains
the National Aeronautics and Space Administration's (NASA) plans to enforce Title IX of
the Education Amendments of 1972. Currently, NASA requires all recipients of NASA
Federal assistance to certify on NASA Form 1206 that they are in compliance with Title IX.
We also have a delegation agreement with the Department of Education that stipulate's that
the Department of Education will monitor our Federally assisted programs that are covered
by Title IX for civil rights compliance.
Through our discussions with the Department of Education over the past year. we have
learned that they do not have the resources to fully meet our needs in the area of monitoring
our Federally-assisted education programs. For that reason we have instituted a pilot
program at the NASA Goddard Space Flight Center to begin conducting compliance
reviews on our own. Once the pilot program has been completed, we plan to implement a
NASA-wide training program for all NASA Officials who have a prominent role in
administering Federally assisted programs. The training will enhance their awareness of
enforcement responsibilities under Title IX, provide them guidance on monitoring their
programs and cover the complaint and grievance procedures which currently exist for
Title VI.
We have recently modified our civil rights certification form, with the assistance of the
Justice Department, in an effort to better determine if recipients are actually in compliance.
With the new form we will be collecting participation data on the minority composition as
well as the gender of the beneficiaries of our programs. The new form has been published
in the Federal Register for comments, and we expect to send it to the Office of Management
and Budget for approval soon.
We are currently working with the Justice Department, Civil Rights Division. on a joint
common rule for enforcement of Title IX that the Justice Department plans to issue for
Federal Agencies. such as NASA, that currently have no regulation in effect. We expect,
if Justice agrees. to pattern this new regulation after our regulation to enforce Title VI of the
Civil Rights Act of 1964. which is published at 14 CFR 1250. Our grievance/complaint
investigation procedures will be the same as we now use for Title VI grievances and/or
complaints.
If you need additional information or have questions, please call me directly at (202) 358-
2167 or James A. Westbrooks, of my staff, at (202) 358 0958.
Sincerely,
E Rease
George E. Reese, Esq.
Associate Administrator
for Equal Opportunity Programs
cc:
E/Deputy Administrator
EI/Division Director
ID # 207836
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
H INTERNAL
I
INCOMING
Received (YY/MM/DD) 97 /09 /16
Date Correspondence
Name of Correspondent: Eugene A. Brickhouse
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Dept. of Veterans Affairs Response to President
Clintons Fune 17 Memo on Title IX Enforcement
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Tim Suunders Exec Clerk
ORIGINATOR 97109116
C 97/09/16
Referral Note:
Todd Shin - Staff Secretary
A
91/09/16
c 97/09/67
Referral Note:
MARIA ECHAVESTE
A/97/09/25
/
/
Referral Note:
JENNIFER KLEIN
PCJ97/09125
/
/
Referral Note:
ELENA KAGAN
ACJ97109125
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F . Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Not for the President's Xmittal to the
Congress
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
OF VETERA
NITED HOMENT SAMPLE AFFIRSTA
DEPARTMENT OF VETERANS AFFAIRS
ASSISTANT SECRETARY FOR HUMAN RESOURCES AND ADMINISTRATION
WASHINGTON DC 20420
STATES:OF
) 15
Mr. G. Timothy Saunders
White House Executive Clerk
Old Executive Office Building, Room 5. NW
Washington, DC 20503
Dear Mr. Saunders:
As requested, information on how the Department of Veterans Affairs ensures the
effective enforcement of Title IX by education programs or activities is enclosed.
Inquiries concerning this document should be directed to Ellis Jones Hodges, Director.
Affirmative Employment Service: at (202) 482-6711.
Sincerely yours;
Engene A Brickhouse
Enclosures
VA's Efforts to Ensure Effective Enforcement of Title IX
I. Description of the Department's Priorities for Enforcement
A. Veterans Benefits Administration's (VBA's) Efforts
1. VBA"s Organization to Ensure Compliance with Title IX
The Under Secretary for Benefits has been delegated responsibility for obtaining evidence of
voluntary compliance under Title IX in those educational programs which fall under the
jurisdiction of VBA. VBA administers a compliance and enforcement program which ensures
Title IX compliance in proprietary schools at the elementary and secondary levels, proprietary
technical and vocational schools, and post-secondary proprietary schools offering courses not
leading to a standard college degree.
Within VA Central Office, VBA's Equal Opportunity Staff formulates equal opportunity
policy as it relates to Federal financial assistance programs administered by VBA, and
appraises and monitors the compliance activities performed by education liaison compliance
personnel in 57 VBA field facilities. VBA requires its field station personnel to schedule and
conduct equal opportunity compliance activities under Title IX, Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of
1975 at proprietary non-college degree institutions (NCD).
2. VBA's Directives for Equal Opportunity Field Personnel
The Under Secretary for Benefits has assured that sufficient guidance is provided for field
station compliance personnel by issuing guidelines and a procedural manual. The following
guidance has been provided to all VBA field stations:
Title IX of the Education Amendments of 1972. 20 U.S.C. 1681.
Executive Order 12250 of November 2, 1980, Leadership and Coordination of
Nondiscrimination Laws.
VBA Manual M27-1, Part III, which provides guidance and instructions to VBA
personnel on implementation of equal opportunity compliance responsibilities, including
Title IX. The manual provides specific instructions for conducting pre-award reviews,
onsite reviews, complaint investigations, instructor and participant interviews; as well as
procedures for maintaining records and reports.
3. VBA's Compliance Reviews
The Under Secretary for Benefits requires each field station to establish an annual equal
opportunity compliance review schedule. The schedule includes a plan for onsite reviews at a
10 percent sample of proprietary non-college degree schools approved for training veterans or
eligible dependents. Onsite reviews of facilities are scheduled SO that no repeat visit will be
made until all facilities requiring review have been visited. unless there is an indication of
noncompliance identified during a liaison visit, education compliance survey, or in allegations
of discrimination reported by any other source.
Compliance personnel do not conduct equal opportunity reviews of programs administered
by (1) institutions of higher learning, (2) elementary, secondary. and vocational schools that
are part of a public school system or an American Indian tribe, and (3) hospitals and other
health facilities.
a. Pre-Award Review:
During pre-award reviews, determinations are made as to whether applicants are in
compliance with nondiscrimination laws and the requirements of VA regulations.
Each proprietary, non college-degree educational institution over which VA has
compliance jurisdiction must sign a Statement of Assurance with Equal Opportunity
Laws. By signing this statement, the school agrees to comply with Title IX and all
applicable Federal regulations promulgated to carry out such laws. This assurance
applies whether assistance is given directly to the recipient or indirectly through
benefits paid to a student. trainee, or other beneficiary because of enrollment or
participation in a program of the signatory.
When the compliance status of a proprietary school is questionable, additional
information is requested from the facility. Federal and local government officials, civil
rights organizations, and community leaders may be contacted, and an onsite review
may be conducted in order to obtain the necessary data to make a determination of
compliance.
b. Post-Award Review:
Post-award compliance reviews are conducted after Federal financial assistance has
been awarded to the recipients: The post-award review is an onsite review to
determine the continuing compliance status of the recipient. During the onsite review.
facility officials are made aware of their responsibilities under Title IX as well as other
laws prohibiting discrimination in programs receiving Federal financial assistance.
Interviews with facility officials, instructors and students are conducted during the
onsite review. The review requires that the recipient provide data by race and sex on
applications received, enrollments, separations, placement assistance and
discrimination complaints filed against the school. When necessary, a compliance
review report will contain recommendations for corrective actions. If a recipient is
found to be in noncompliance, VA will attempt to obtain voluntary compliance.
Post-award compliance reviews are conducted annually at ten percent of the
proprietary schools, below college level, which are approved for training eligible
veterans and/or beneficiaries. In cases where there has been a finding of
noncompliance and the recipient voluntarily agrees to correct the noncompliance. a
follow-up review is conducted to determine whether noncompliance has been
corrected. In those instances in which noncompliance has not been corrected, a report
is forwarded to the General Counsel for possible enforcement action.
B. Veterans Health Administration's (VHA's) Efforts
The Under Secretary for Health has been delegated the responsibility for obtaining
evidence of voluntary compliance in those programs under the jurisdiction of VHA. The
Equal Employment Opportunity (EEO)/Civil Rights Policy Team is located in the
Management and Administrative Support Office where enforcement responsibility resides.
This Office provides general guidance for program operations to four EEO consultants
located in the Veterans Integrated Service Networks (VISN) Support Service Center who
serve as liaisons for twenty-two VISN Directors. VHA obtains signed statements of
assurance from program recipients prior to awarding grant moneys. If complaints of non-
compliance arise, they are handled or investigated by state auditors, not VHA.
II. Methods for Making Recipients of Federal Financial Assistance Aware of their
Obligation not to Discriminate Based on Sex
A. VBA provides assistance to applicants and recipients of Federal financial assistance to help
them understand and meet their civil rights responsibilities. Technical assistance is initiated upon
request or as a result of a pre-award, post award or follow-up review, or a complaint
investigation. In addition, once an educational institution has been approved to provide training
to veterans, a liaison visit is scheduled by VBA field personnel to review civil rights review
procedures and compliance requirements. At this time, any questions pertaining to Title IX
requirements are addressed. VA Poster. "Equal Opportunity is the Law," provides information.
to applicants, and other interested persons on their rights under equal opportunity statutes such
as Title IX that cover education and training in programs that receive Federal financial
assistance. Facilities are required to display the poster in a conspicuous location which is
accessible to all students and facility employees. Each VA regional office or center ensures that
proprietary, non college-degree facilities under its jurisdiction receive a copy of the poster. VA
personnel provide posters for facilities at any time the absence of a poster is noted during an
onsite visit or during the investigation of a complaint of discrimination. Prior to issuing the
poster, VA regional offices or centers will stamp their addresses in the blank space near the
bottom of the poster in the event a student wishes to file a complaint of discrimination or apprise
VA of alleged discriminatory practices at the recipient school.
B. VHA requires that agency agreements with school affiliates contain the following language
that prohibits discrimination based on gender:
"The affiliate university/school complies with Title VI of the Civil Rights Act of 1964,
Title IX of the Education amendments of 1972. Section 504 of the rehabilitation Act of
1973. Title III of the Older Americans Amendments of 1975, the Americans with
Disabilities Act of 1990, and all related regulations, and assures that it does not, and will
not discriminate against any person on the basis of race, color, sex, creed, national origin,
age, or handicap under any program or activity receiving Federal financial assistance.'
III. Grievance Procedures for Handling Title IX Complaints
Complaints alleging violations under Title IX, as well as under Title VI, Section 504 and the Age
Discrimination Act may be filed with any VA office or through the Department of Education (ED)
or the Department of Health Human Services (DHHS).
VBA promptly acknowledges receipt of all complaints of discrimination. The complainant and
facility officials are notified, in writing, of the actions being taken to investigate the complaint.
VBA field station education compliance specialists are assigned to conduct onsite investigations
of all complaints of discrimination. Reports of investigations are forwarded to the Equal
Opportunity Staff (EOS) at VA Central Office for review and a determination of the validity of
the allegations. The EOS formally notifies complainants, recipients of Federal financial assistance,
and appropriate VBA field station personnel, in writing, of the findings of the investigations and
recommendations for remedial action, if necessary. When findings of noncompliance are made,
VBA field stations attempt to obtain voluntary compliance by working closely with facility
officials.
VHA has not received any Title IX discrimination complaints. If they did, they would process
them under procedures similar to those that are used to process Title VI and Section 504 external
complaints.
VA plans to participate in the common rule to enforce Title IX of the Education Amendments of
1972, which is currently being drafted by the U.S. Department of Justice.
No description of programs
conducted by EPA
I
UNITED STATES.
AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
PROTECTION
Washington, D.C. 20460
OCT 30
OFFICE OF
CIVIL RIGHTS
MEMORANDUM
SUBJECT:
Measures to Ensure Effective
Enforcement of Title IX
FROM:
Rafael DeLeon
Acting Director
Rodny 9. Carl for
TO:
Bruce Reed
Assistant to the President for
Domestic Policy
The Environmental Protection Agency (EPA) through its Office of
Civil Rights (OCR) submits this action plan to ensure nondiscrimination
in federally-assisted education programs and activities. The following
measures will promote effective enforcement of Title IX of the Education
Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq.
I.
Priorities for Enforcement
As its primary enforcement activity, EPA will participate in
developing a common rule on Title IX and publishing Agency-specific
regulations affording a regulatory means for enforcing Title IX.
Currently, EPA relies upon a Delegation Agreement with the Department of
Education to ensure nondiscrimination on the basis of sex in education
programs and activities. The Agreement's provisions focus primarily on
complaint processing and are largely reactive from a compliance
standpoint. By participating in the publication of a common rule, EPA
will be positioned to undertake a more proactive approach to fighting
sex-based discrimination.
Promulgation of a Title IX rule will establish the basis for a
comprehensive compliance program, including pre-award and post-award
compliance reviews, complaint processing, technical assistance, and
compliance monitoring. Through a compliance review program of selected
recipients, OCR will be able to identify sex-based barriers to achieving
equal educational opportunity and develop technical guidance documents
to assist all recipients in eliminating such barriers. A new complaint
processing procedure will complement OCR's compliance review program.
OCR will seek the assistance of the Department of Education in
developing its compliance review and complaint processing capabilities.
II. Methods to make recipients of Federal financial assistance aware
of their obligation not to discriminate
EPA will issue a policy statement on Title IX. OCR will produce
and distribute a brochure that will inform recipients and beneficiaries,
such as students, interns and applicants for various educational
programs, of their rights under Title IX. The brochure will describe
what Title IX is; what programs and activities are covered by Title IX;
how Title IX is enforced; how to file a Title IX discrimination
complaint with OCR; and how to request additional information about the
application of Title IX to federally-assisted education programs and
activities. Finally, OCR will develop a Title IX poster.
III. Grievance Procedure to Handle Title IX Complaints
The common rule on Title IX will adopt the grievance procedures
established under the regulations enforcing Title VI of the Civil Rights
Act of 1964, as amended. EPA regulations are codified at 40 C.F.R. Part
7. OCR will use EPA's Title VI grievance procedures to enforce Title
IX.
OCR will require all recipients to develop a grievance procedure
for Title IX which permits individuals who believe they have been
discriminated against because of their sex to file a written
discrimination complaint. The grievance procedures developed by
recipients will provide for early attempts to resolve complaints through
the use of alternative dispute resolution (ADR) techniques.
IV. Title IX Training
OCR will provide training for designated agency employees and
recipients on Title IX. The training will emphasize avoidance and
prevention of complaints. OCR plans to request the Department of
Education and Department of Justice to assist in the training.
2
EQUAL OPPORTUNITY PROGRAMS
" STATES OF AMERICA
Agency for International Development Washington, D.C. 20523
OCT 31 1997
Mr. Bruce Reed
Assistant to the President for Domestic Policy
c/o G. Timothy Saunders
White House Executive Clerk
Old Executive Office Building
Room 5, N.W.
Washington, D.C. 20503
Dear Mr. Reed:
As directed by the President, the U.S. Agency for
International Development has prepared an enforcement plan for
Title IX of the Education Amendments of 1972. Staff of the
Department of Justice Coordination and Review Section (DOJ/CRD)
have asked that this plan be sent to you for review.
Accordingly, enclosed please find a copy of this enforcement
plan, which also has been sent to DOJ/CRD staff. This Agency
will continue Title IX enforcement, as enhanced by the actions
outlined in the plan. We look forward to any suggestions or
comments you may deem appropriate.
Sincerely,
Jessalyn S. Pendam
Jessalyn L. Pendarvis
Director
Enclosure: Enforcement Plan
No ID + descriptic
or activities conducted
of education program
by exec dupracy
ENFORCEMENT OF TITLE IX
BY THE U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT
President Clinton has announced his intention to strengthen
Federal enforcement of Title IX of the Education Amendments of
1972, as amended ("Title IX"), 20 U.S.C. Section 1681. This law
prohibits discrimination based on sex in Federally-assisted
education programs.
In his statement of June 17, 1997, the President directed
each agency to develop an enforcement plan that includes the
agency's priorities for enforcing Title IX, methods to make its
recipients aware of their obligations under Title IX, and
procedures for handling Title IX complaints. Pursuant to
Executive Order 12250, the Department of Justice (DOJ) is
coordinating this enforcement effort and assisting agencies in
development and implementation of this Title IX enforcement plan.
I. USAID Enforcement Plan
To implement President Clinton's enforcement directive, the
U.S. Agency for International Development has taken and will take
steps to invigorate Title IX enforcement within its grant
assistance programs, as described below.
A.
Priorities for the enforcement of Title IX
1. Identification of federally assisted education programs
On July 22, 1997, the Director of the Office of Equal
Opportunity Programs (EOP) sent a memorandum to the Assistant
Administrator for Management, informing him of the President's
initiative and the specific measures he has required of each
federal agency. In addition, the Management Bureau was advised
of the necessity to report federally assisted education and
training programs to EOP, which is responsible for coordinating
the enhanced enforcement effort. EOP is reviewing the data
provided by Agency components, and will be requesting additional
information. Subsequently, EOP will meet with Agency personnel
who administer programs subject to Title IX to ensure that all
components which provide Federal assistance have been identified
and are in compliance with applicable regulations, and this new
enforcement directive.
2. Promulgation of a Title IX regulation
USAID is one of the agencies participating in the
publication of the Title IX common rule, which is being developed
by the Civil Rights Division within the Department of Justice.
- 2 -
3. Assurances of compliance with Title IX by recipients
For years, USAID routinely has requested assurances of
nondiscrimination from recipients of assistance at the inception
of the USAID-grantee relationship. The text of such assurances
(attached) puts recipients on notice that they must not
discriminate. EOP will evaluate any other measures currently in
use to convey the requirement not to discriminate, will discuss
with responsible Agency officials alternative and/or additional
means to broaden the dissemination of this message, and will
develop recommendations for necessary action that will more fully
notify recipients of their obligations.
4. Pre-award and post-award compliance reviews
Currently, USAID does not conduct pre-award or post-award
reviews of recipients of federal assistance. In part this is due
to the fact that many, if not most, recipients also are receiving
assistance from other federal agencies that are considered
primary sources of assistance.
To avoid duplication of investigative and enforcement
efforts, for instance with educational institutions, USAID
entered into a Memorandum of Understanding, published in the
Federal Register on February 27, 1989, that delegates primary
enforcement authority to the Department of Education (DE).
EOP also has engaged in discussions with the Department of Health
and Human Services to establish a similar agreement. USAID
anticipates greater coordination by the Department of Justice
regarding recipients funded by more than one agency, and we will
continue to work with the Departments of Justice and Education,
so that our limited enforcement resources can be focused on those
recipients that are not multifunded.
Another consideration impacting whether pre-award or post-
award reviews are conducted is the reality that most assistance
provided by USAID is conveyed by recipients to ultimate
beneficiaries not in the United States. Assistance not provided
within the United States does not fall under the jurisdiction of
these various federal assistance statutes.
USAID recognizes that, with regard to domestic recipients,
we must ensure compliance by those recipients with domestic
programs which are not also funded by another Federal entity.
Accordingly, USAID intends to determine which recipients are not
funded by other federal sources, and to target these entities for
enhanced enforcement activities, which may include site visits,
desk audits and/or interrogatories to help ensure compliance with
civil rights laws.
- 3 -
B.
Notification to recipients and beneficiaries of their rights
and responsibilities under Title IX
1. Brochure.
USAID believes that it is equally important not only to
educate recipients of their obligations under Title IX, but also
to inform domestic beneficiaries of their rights under Title IX.
The Office of Equal Opportunity Programs, with the assistance of
the Department of Justice and involvement of key USAID personnel,
will prepare a brochure for domestic USAID recipients and
beneficiaries regarding their respective obligations and rights
under Title IX. This brochure also will cover other statutes
that prohibit discrimination in USAID funded domestic programs,
including Title VI of the 1964 Civil Rights Act and Section 504
of the Rehabilitation Act of 1973. The information contained in
the brochure will be included in all grant packages and award
documents to new and continuing USAID recipients.
2.
Poster
USAID also will develop and distribute a poster for use
by recipients that will inform both domestic recipients and
beneficiaries of the nondiscrimination requirements of Title IX
and related statutes, and will provide information on how to file
a complaint.
C.
Procedures to handle Title IX complaints and other
enforcement strategies
1.
Complaint procedures
The proposed Title IX regulation will require that
recipients develop complaint procedures for alleged Title IX
violations. USAID will work with domestic recipients to
determine the extent to which such procedures now exist, and with
the Department of Justice to determine those circumstances in
which domestic recipients must develop complaint procedures.
2.
USAID complaint processing
Currently, each federal agency is responsible for
investigating discrimination complaints and conducting preaward
and postaward compliance reviews, subject to the memoranda of
understanding discussed above. Where no other federal entity
funds a USAID domestic recipient, EOP/USAID will accept
responsibility for receipt and investigation of complaints
alleging violations of Title IX and related statutes, and will
adopt recommended procedures for doing so. All information thus
obtained will be shared with the Department of Justice and other
federal entities, consistent with any enforcement agreements.
Trans. Memo. No.
Effective Date
Page No.
AID HANDBOOK 13
13:59
October 18, 1991
3C-1
APPENDIX 3C
ASSURANCE OF COMPLIANCE WITH LAWS AND REGULATIONS
GOVERNING NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
(hereinafter called the "Applicant")
(Name of Applicant)
hereby assures that no person in the United States shall,
on the bases set forth below, be excluded from
participation in, be denied the benefits of, or be program
otherwise subjected to discrimination under, any problem
of activity receiving financial assistance from AID, and
that with respect to the grant for which application is
being made, it will comply with the requirements of:
(1) Title VI of the Civil Rights Act of 1964 (Pub.
L. 88-352, 42 U.S.C. 2000-d) which prohibits
discrimination on the basis of race, color or
national origin, in programs and activities
receiving Federal financial assistance,
(2) Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), which prohibits discrimination
on the basis of handicap in programs and
activities receiving Federal financial
assistance,
(3) The Age Discrimination Act of 1975, as amended
(Pub. L. 95-478), which prohibits discrimination
based on age in the delivery of services and
benefits supported with Federal funds,
(4) Title IX of the Education Amendments of 1972 (20
U.S.C. 1681, et. seq.) which prohibits
discrimination on the basis of sex in education
programs and activities receiving Federal
financial assistance (whether or not the
programs or activities are offered or sponsored
by an educational institution); and
703 875 1243 P.02/03
USAID/M/OP/E
23:37 2661-61-908
TOTAL P.03
Page No.
Effective Date
Trans. Memo. No.
3C-2
October 18, 1991
13:59
AID HANDBOOK 13
(5) AID regulations implementing the above
nondiscrimination laws, set forth in Chapter II
of Title 22 of the Code of Federal Regulations.
If the Applicant is an institution of higher education, the
Assurances given herein extend to admission practices and to all other
practices relating to the treatment of students or clients of the
institution, or relating to the opportunity to participate in the
provision of services or other benefits to such individuals, and shall be
applicable to the entire institution unless the Applicant establishes to
the satisfaction of the AID Administrator that the institution's practices
in designated parts or programs of the institution will in no way affect
its practices in the program of the institution for which financial
assistance is sought, or the beneficiaries of or participants in such
program.
This assurance is given in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts, property,
discounts or other Federal financial assistance extended after the date
hereof to the Applicant by the Agency, including installment payments
after such date on account of applications for Federal financial
assistance which were approved before such date. The Applicant recognizes
and agrees that such Federal financial assistance will be extended in
reliance on the representations and agreements made in this Assurance, and
that the United States shall have the right to seek judicial enforcement
of this Assurance. This Assurance is binding on the Applicant, its
successors, transferees, and assignees, and the person or persons whose
signatures appear below are authorized to sign this Assurance on behalf of
the Applicant.
(Applicant)
BY (Signature)
TITLE
TYPED NAME
DATE
703 875 1243 P.03/03
USAID/M/OP/E
11:38 2661-61-908
ID #. 207841
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o OUTGOING
H INTERNAL
I INCOMING
Received (YY/MM/DD)
Date Correspondence 97/09/22
'97 SEP 22 AM11:11
Name of Correspondent: Corlis S. moody
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: The Report of the Department of Energy in
Response to the President's Memorandum of
June 17,1997, RE Title IX Enforcement
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Tim Sunders Clerk Exec.
ORIGINATOR
97/09/22
97/09/22
Todd stem- Staff Secretary
Referral A Note:
97/09/22
C 97/09/25/
Referral Note:
MARIA ECHAVESTE
A CJ 97/09/25
/ /
Referral Note:
JENNIFER KLEIN
/
/
Referral Note:
ELENA KAGAN
ACJ01109125
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R. Direct Reply w/Copy
B Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response
II
Initials of Signer
Code
=
"A"
Completion Date = Date of Outgoing
Comments: Not for the President's xmittal to the Congress
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
RIMENT
OF
Department of Energy
FAMERICA
Washington, DC 20585
STATES
OF
[SEP I 8 1997
Bruce Reed
Assistant to the President for Domestic Policy
c/o G. Timothy Saunders
White House Executive Clerk
Old Executive Office Building
Room 5 NW
Washington, D.C. 20503
Dear Mr. Reed:
This responds to President Clinton's memorandum of June 17, 1997, announcing his
intention to invigorate the enforcement of Title IX by issuing an executive order. One
requirement of the President's memorandum was to report on measures to ensure effective
enforcement of Title IX. I have set out below the Department of Energy's program for
enforcing Title IX.
Agency Priorities for Enforcement
The Department of Energy has regulations for enforcing Title IX. See, 10 C.F.R. Part
1040, Subpart C. Specifically, 10 C.F.R. 1040.46 incorporates by reference subparts G
(Program Monitoring) and H (Enforcement) for obtaining compliance with Title IX.
To underscore the importance the Department places on Title IX enforcement, we will
remind all grantees of their obligations under Title IX;
require all grantees to inform program beneficiaries of their rights to remain free
from discrimination and where and with whom program beneficiaries may file
complaints should they believe they have been the victims of discrimination;
require all grantees to send the following notice to program beneficiaries:
Any person, individually or as a member of a class or on behalf of
others, may file a written complaint with DOE alleging discrimination
prohibited by the Act or these regulations. A complainant must file a
complaint within 180 days from the date he/she first had knowledge of
the alleged act of discrimination. For good cause shown, however, the
Director may extend the time limit for filing a complaint. Complaints
Printed with soy ink on recycled paper
2
may be submitted to the EEO Managers located in the DOE's field
operations offices or to the Director, OCR, Forrestal Building, 1000
Independence Avenue, S.W., Washington, D.C. 20585
[By reorganization of June, 1993, the position title "Director, OCR"
was abolished and redesignated 'Deputy Director, Office of Civil
Rights and Diversity." The responsibilities and duties of the position
did not change]
survey all grantees to determine their knowledge and compliance with Title IX;
conduct post award compliance reviews in accordance with the Department's
recently promulgated business management oversight regulations for reviewing
and monitoring Field activities; and
make technical amendments to the Department's regulations to conform to the
common rule.
Methods to make grantees aware of their obligations
The Department requires assurances from grantees that they will comply with Title IX
and conducts pre-award compliance reviews. 10 C.F.R. 1040.4, providing for Assurances
required and pre-award review, states:
(a) Assurances. An applicant for Federal financial assistance for a program
or an activity to which this part applies shall submit an assurance on a form
specified by the Director that the program or activity will be operated in
compliance with applicable subparts. Such assurances are to include
provisions which give the United States a right to seek judicial enforcement.
*** *** ***
(h) Pre-award review. Prior to and as a condition of approval, all
applications for Federal financial assistance are to be reviewed by the
appropriate Civil Rights Department official who is to make a written
determination of the applicant's compliance with this part. The basis for
such a determination is to be the submission of the assurance of compliance
and a review of data to be submitted by paragraph (a) and a review of data
to be submitted by the applicant as specified by the Director.
3
Grievance procedures to handle Title IX complaints
The provisions for processing complaints alleging violations of Title IX are found at 10
C.F.R. 1040.104. This section contains specific time limits for filing complaints and for
the Department's processing of them. We note that section 1040.104 does not contain,
with sufficient clarity, language-that instructs an individual about how to file a complaint
As stated, we will ensure that program beneficiaries clearly know where and with whom
they may file complaints of discrimination: Specifically, the notice would be the same as
that stated under Agency Priorities for Enforcement which is identical to the one
pertaining to complaints associated with federally assisted programs (Title VI of the Civil
Rights Act of 1964, as amended):
I hope the foregoing is helpful Should you need additional information; please contact
Mr. William L Garrett. Acting Deputy Director, Office of Civil Rights and Diversity, at
586-2218.
Sincerely,
Coulist. Moody
Corlis S. Moody
Director
Office of Economic Impact and Diversity
cc:
Merrily A. Friedlander
Chief, Coordination and Review Section
Civil Rights Division
United States Department of Justice
1425 New York Avenue, N.W. Room 4013
Washington, D.C. 20035-5968
Jennifer Levin, Esq.
Coordination and Review Section
Civil Rights Division
Ralph Goldenberg (GC-80)
John Ketcham (GC-80)
ID # 207842
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET? SEP 22 PM6:13
o OUTGOING
H INTERNAL
I INCOMING
Received (YY/MM/DD)
Date Correspondence 97/09/22
Name of Correspondent:
Thurman M. Davis, Sr.
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
GENERAL SERVICES ADMINIS TRATION RESPONSE To THE
PRESIDENT'S MEMO OF 17 JUNE 97, RE TITLE 1X
ENFORCEMENT
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Tim SAUNDERS EXEC. (LERK ORIGINATOR
97/09/22
C 07/09/22
Referral Note:
Tong STERN. STAFF SECRETARY
A
97/09/22
0.97,09, €
Referral Note:
MARIA ECHAVESTE
A Cg1/09/25
/ /
Referral Note
JENNIFER KLEIN
ACA7/09/25
/ /
Referral Note
ELENA KAGAN
ACJ7710925
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I. Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R. Direct Reply w/Copy
B Non Special Referral
S Suspended
D Draft Response
S. For Signature
F. Furnish Fact Sheet
X - Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code
=
"A"
Completion Date = Date of Outgoing
Comments:
NOT FOR THE PRESIDENT'S TRANSMITTAL To THE CONGRESS
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
U.S. GENERAL SERVICES ADMINISTRATION
Deputy Administrator
GENERAL SERVICES
ADMINISTRATION
September 19, 1997
The Honorable Bruce Reed
Assistant to the President
for Domestic Affairs
c/o Mr. G. Timothy Saunders
The White House
Old Executive Office Building, Room 5
Washington, DC 20503
Dear Mr. Reed:
In accordance with the President's June 17, 1997, memorandum entitled,
Strengthening Title IX Enforcement, enclosed is the General Services
Administration's Enforcement Plan for implementing Title IX.
Sincerely,
Thurman M. Davis, Sr.
Deputy Administrator
Enclosure
18th and F Streets, NW, Washington, DC 20405
Federal Recycling Program
Printed on Recycled Paper
ENFORCEMENT PLAN
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, AS AMENDED
I. BACKGROUND
On June 17, 1997, the 25th anniversary of the Education Amendments of 1972,
(Title IX), President Clinton announced his intention to issue an Executive order
to include restrictions on sex discrimination in Federally assisted education
programs and activities. The President also directed executive departments
and agencies to develop vigorous new Title IX enforcement plans.
In accordance with the Federal Property and Administrative Services Act of
1949, as amended, the General Services Administration (GSA) disposes of
surplus personal and real property to state and local governments, and eligible
nonprofit organizations. This document explains GSA's enforcement plan for
nonprofit, tax exempt organizations receiving Federal financial assistance from
GSA.
II. PURPOSE
The purpose of this plan is to enforce Title IX of the Education Amendments
of 1972, as amended, and the forthcoming joint regulations to be issued by the
Department of Justice (DOJ) which are designed to eliminate discrimination on
the basis of sex in education programs and activities receiving Federal financial
assistance from GSA, whether or not such programs or activities are offered
or sponsored by an educational institution. GSA, along with other Federal
agencies, will participate in the publication of the Title IX joint regulations that
will be issue by DOJ.
III. TITLE IX ENFORCEMENT PRIORITIES
Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et
seq., and the forthcoming joint regulations prohibit discrimination on the basis of
sex in programs and activities receiving Federal financial assistance. GSA's
initial priority is to ensure that within all compliance activities the intent of Title IX,
is applied and enforced to all educational occupational training programs. State
agency directors will be required to secure nondiscriminatory statements from
each donee, as appropriate, prior to the donee being deemed eligible to receive
property. GSA, in the course of conducting compliance reviews, will review the
program to ensure compliance with Title IX of the Education Amendments of
1972. Additionally, GSA will address all complaints and/or provide technical
assistance to ensure compliance.
The following GSA programs are targeted for enforcement:
- Acquisition of excess personal property by Federal Agencies for grantees
(§ 202(d) of the Federal Property and Administrative Services Act of 1949, 40
U.S.C. § 483(d));
- Donation of personal property to public bodies (§ 202(h) of the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. § 483(h));
- Donation of surplus personal property to educational activities which are of
special interest to the armed services (§ 203(j)(2) of the Federal Property and
Administrative Services Act of 1949, 40 U.S.C. § 484(j)(2));
- Transfer of surplus personal property to state agencies for distribution
through donation within the state to public agencies or nonprofit educational or
public health institutions or organizations (§ 203(j)(3) of the Federal Property
and Administrative Services Act of 1949, 40 U.S.C. § 484(j)(3));
- Transfer of miscellaneous books to District of Columbia Free Public Library
(Act of Feb. 25, 1903, 40 U.S.C. § 484-1);
- Disposal of surplus real and related personal property for purposes of
education or public health, including research (§ 203(k)(1) of the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. § 484(k)(1)); and
- Transfer of surplus property to States, local government agencies, and
nonprofit organizations or institutions for programs for older individuals (§ 213
of the Older Americans Act of 1965, 42 U.S.C. § 3020(d)).
To ensure nondiscrimination in the above programs, fifteen on-site compliance
reviews of state agencies will be conducted by the Federal Supply Service
per year according to their schedule to ensure compliance with Title IX of the
Education Amendments of 1972. GSA also plans to expand its Method of
Administration (MOA) Program. Ten MOA questionnaires will be forwarded
to State agency directors biannually to be distributed to donees. The donees
will complete the questionnaires and forward them to GSA's Office of Equal
Employment Opportunity (OEEO) for review. Some questionnaires will be
forwarded directly to educational institutions. The agencies to which the
Public Buildings Service transfers surplus real property are responsible for
all enforcement activities. However, those Federal agencies that receive
Federal surplus real property must file compliance review reports with GSA.
2
IV. METHOD OF NOTIFICATION AND OUTREACH
GSA's responsibility is to ensure that Title IX and the forthcoming joint
regulations (to be issued by DOJ) are applied to and enforced in education
programs and activities receiving Federal assistance. This applies to State
agencies and donees of Federal surplus property.
To implement Title IX, GSA will undertake the following: 1) issue a policy
statement on Title IX; 2) send a letter to all State agency directors which informs
them of their and GSA's responsibilities regarding Title IX; 3) prepare a Title IX
brochure; 4) establish a 1-800 phone number in the GSA, OEEO; 5) develop a
Title IX Poster in both English and Spanish; and, 6) install a TTY machine in the
OEEO, to communicate with persons who are deaf or hard of hearing. GSA will
also ensure that all of its donees publish a nondiscriminatory policy statement in
their publications, as appropriate. Finally, the GSA, OEEO will update its Web
site to include GSA's Title IX policy statement and the forthcoming joint
regulations (to be issued by DOJ).
V. GRIEVANCE PROCEDURE
GSA will adopt the Title IX procedures that will be included in the forthcoming
joint regulations (to be issued by DOJ) as they apply to grievances. The
proposed joint regulations will require State agencies and donees to develop
a grievance procedure to address allegations of Title IX violations. GSA will
promulgate a grievance procedure that can be universally adopted by State
agencies and donees, which permits an individual or a class of individuals
who believe they have been discriminated against because of their sex to file
a written discrimination complaint. The procedures will be similar to or added
to an existing grievance procedure. The grievance procedures will also contain
standards which address specific acts of sexual harassment. The grievance
procedures will provide for early attempts to resolve complaints through the
use of alternative dispute resolution techniques.
VI. INVESTIGATIONS OF TITLE IX COMPLAINTS
GSA will adopt the Title IV procedures for processing Title IX complaints
(both individual and class). GSA will develop a complete and impartial
factual record upon which to make findings on the matters raised by the
written complaint. The methods used to develop the record may be an
exchange of letters, memoranda, interrogatories, investigations, fact-finding
conferences, telephone interviews, or any other fact-finding method that
efficiently and thoroughly addresses the matter at issue.
3
VII. RESOLUTION OF TITLE IX COMPLAINTS
The GSA, OEEO will use mediation as the preferred method to resolve disputes.
Mediation is a process in which a trained, neutral third party assists the parties
in finding a mutually acceptable solution to their dispute. Mediation is both
voluntary and confidential and is frequently used when the parties are unable
to reach agreement on their own.
VIII. TITLE IX TRAINING
GSA will provide training for its program officials and State agency directors
in Title IX. This is the most appropriate means to enhance the enforcement
of Title IX. Emphasis will be placed on avoidance and prevention of complaints.
All program officials and State agency directors will be required to receive
eight hours of training on Titles VI and IX biannually. Newly appointed program
officials and State agency directors will be required to receive at least eight hours
of Titles VI and IX training within their first year of appointment. GSA plans to
request the Departments of Education and Justice to assist in the training.
GSA will also recommend that each State agency and donee provide sexual
harassment training to its management and administrative staff.
4