Scholarships

Sex-Specific Scholarships

Title IX’s implementing regulation,  34 CFR 106, prohibits schools from offering scholarships that, “On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate.” (See details, below.)

In early 2021, OCR issued a guidance that clarifies the application of Title IX to single-sex scholarships, clubs, and other programs. The guidance states that colleges generally may not:

• Impose a sex-based preference or restriction (Question 3)
• Use a title or description that implies a preference or restriction based on sex (Question 5)
• Advertise or promote third-party scholarships that impose a sex-based preference or restriction (Question 6)
• Separate or exclude individuals on the basis of sex from academic or extracurricular activities (Question 10)
• Allow a school-recognized club or other program use a name that implies a sex-based preference or restriction (Question 11)

In 2019-2020, the SAVE Title IX Equity Project conducted an in-depth review of the websites of 346 large universities and colleges in all 50 states and the District of Columbia. The review counted the number of sex-specific scholarships designated for men and for women, and calculated the difference. Based on this information, the Title IX Equity Project sent Demand Letters to these universities, calling for universities to correct the Title IX violation. Overall, the review found a widespread pattern of scholarship offerings that discriminate against male students (as of July 1, 2020):

	Assessment	Number of Schools	Percentage
Difference = 0-1 scholarships	Non-discriminatory	46	13.3%
Difference = 2-3 scholarships	Borderline	63	18.2%
Difference = 4+ scholarships	Discriminatory	237	68.5%
Total		346	100%

 

Then the 100 schools with the most egregious disparities — differences of 10 or more sex-specific scholarships — were identified, organized by state:

	No. of Male-Specific Scholarships	No. of Female-Specific Scholarships	Difference
Alabama
Auburn	1	67	66
Arizona
Northern Arizona University	0	27	27
University of Arizona – Tucson	1	14	13
University of Phoenix	2	106	104
California
American River College	0	18	18
Cerritos College	0	13	13
Diablo Valley College	0	14	14
Fullerton College	2	25	23
Glendale Community College	2	34	32
Santa Monica College – Santa Monica	3	18	15
University of California – Berkeley	0	24	24
University of California – Davis	4	44	40
University of California – Los Angeles	0	16	16
University of Southern California	0	17	17
Colorado
Metropolitan State University of Denver	0	13	13
Pikes Peak Community College	1	12	11
Florida
Daytona State College	1	15	14
Embry-Riddle Aeronautical University	0	27	27
Florida Atlantic University	0	18	18
Florida SouthWestern State College	0	15	15
Florida State University	1	25	24
Nova Southeastern University	1	25	24
St. Petersburg College	1	28	27
University of Florida, Gainesville	2	19	17
University of South Florida- Tampa	0	19	19
Valencia College	3	35	32
Georgia
Georgia Institute of Technology	1	12	11
Georgia State University	0	16	16
Idaho
Idaho State University	5	32	27
University of Idaho-Moscow	0	11	11
Illinois
Moraine Valley Community College	1	11	10
Northern Illinois University	2	13	11
Oakton Community College	2	14	12
Southern Illinois University – Carbondale	2	40	38
Triton College	1	11	10
University of Illinois – Urbana Champaign	0	10	10
Indiana
Ball State	1	20	19
Iowa
Iowa State University	0	14	14
Kirkwood Community College	0	14	14
University of Iowa	0	32	32
University of Northern Iowa	8	29	21
Kansas
Fort Hays State University	3	30	27
Kansas State University	0	19	19
Pittsburg State University	8	26	18
University of Kansas – Lawrence	1	20	19
Wichita State University	2	31	29
Kentucky
Eastern Kentucky University	2	19	17
University of Louisville	0	11	11
Western Kentucky University	7	26	19
Louisiana
Louisiana State University	2	27	25
Louisiana Tech University	2	12	10
Maryland
Community College of Baltimore County	2	16	14
Massachusetts
University of Massachusetts System	1	26	25
Michigan
Eastern Michigan University	2	19	17
Grand Rapids Community College	1	17	16
Lansing Community College	0	13	13
Minnesota
Saint Cloud State University	3	28	25
Mississippi
University of Mississippi	0	10	10
Missouri
Missouri State University	2	16	14
University of Missouri – Columbia	1	70	69
University of Missouri – Kansas City	2	20	18
University of Missouri – St. Louis	0	18	18
Montana
Montana State University – Billings	3	32	29
Montana State University – Bozeman	2	44	42
Montana State University – Great Falls College	1	14	13
University of Montana – Missoula	0	27	27
Nevada
University of Nevada – Reno	0	10	10
Western Nevada College	0	12	12
New Hampshire
Manchester Community College	0	12	12
New Jersey
Montclair State University	0	13	13
New Mexico
New Mexico State University	0	41	41
University of New Mexico – Albuquerque	2	12	10
New York
CUNY Borough of Manhattan Community College	1	25	24
North Carolina
North Carolina State University	1	16	15
University of North Carolina – Charlotte	0	11	11
University of North Carolina – Greensboro	1	31	30
Wake Technical Community College	0	18	18
North Dakota
Minot State University	0	13	13
North Dakota State University	3	28	25
University of North Dakota	2	43	41
Oklahoma
Oklahoma State University – Stillwater	0	10	10
Oregon
Chemeketa Community College	0	13	13
Oregon State University	5	51	46
Portland Community College	1	12	11
Portland State University	0	12	12
Pennsylvania
Montgomery County Community College	4	66	62
Rhode Island
University of Rhode Island	5	40	35
South Dakota
University of South Dakota	0	15	15
Tennessee
Middle Tennessee State University	0	10	10
University of Memphis	1	11	10
Texas
Alamo College District	1	19	18
Austin Community College District	1	14	13
Dallas County Community College District	1	12	11
Texas A&M University	0	10	10
University of Houston	1	12	11
Utah
University of Utah-Salt Lake City	0	17	17
Utah State University – Logan	1	41	40
Utah Valley University	1	15	14
Virginia
George Mason University	2	13	11
North Virginia Community College	0	13	13
Old Dominion University	3	28	25
Washington
Clark College	0	14	14
Washington State University	0	10	10
Washington State University – Spokane	2	30	28
Western Washington University	0	37	37
Wisconsin
Milwaukee Area Technical College	3	13	10
University of Wisconsin – Madison	3	20	17
University of Wisconsin – Milwaukee	0	15	15
University of Wisconsin – Oshkosh	2	22	20
Wyoming
Laramie County Community College	2	25	23
University of Wyoming	4	45	41

 

REGULATORY REQUIREMENTS

Title IX’s implementing regulation, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Assistance” (34 CFR 106) states:

§ 106.31   Education programs or activities.

(a) General. Except as provided elsewhere in this part, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance….

(b) Specific prohibitions. Except as provided in this subpart, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex:

(1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;

(2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;

(3) Deny any person any such aid, benefit, or service;

34 CFR 106 includes a number of provisions that are specific to scholarships. These provisions prohibit any scholarship or other forms of financial assistance that:

“On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate.” (106.37(a)(1))

The regulation does include one exception to this rule:

“….scholarships, fellowships, or other forms of financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government which requires that awards be made to members of a particular sex specified therein;” (106.37(b)(1))

This exception includes an essential proviso:

“….Provided, That the overall effect of the award of such sex-restricted scholarships, fellowships, and other forms of financial assistance does not discriminate on the basis of sex.” (106.37(b)(1))

In order to assure the “overall effect” of the sex-specific scholarships do not discriminate, the college or university is required to establish compensating scholarship programs in order that:

“Students are selected for award of financial assistance on the basis of nondiscriminatory criteria and not on the basis of availability of funds restricted to members of a particular sex.” (106.37(b)(2)(i))

The Department of Justice Title IX Legal Manual similarly explains:

When a recipient provides financial assistance to any student participating in an educational program or activity, the recipient must ensure that it does not provide different types or amounts of assistance, limit eligibility for such assistance, apply different criteria, or otherwise discriminate in the provision of financial assistance on the basis of sex. See 65 Fed. Reg. 52871 at § .430(a)(1). Similarly, the recipient must not assist, solicit, list, approve, provide facilities to, or assist in any other manner, a “foundation, trust, agency, organization, or person that provides such assistance to any of the recipient’s students” in a sexually discriminatory manner. 65 Fed. Reg. 52871 at §___.430(a)(2). [emphasis added]

Although recipients are allowed to administer or assist in administering specific sex-restricted scholarships, fellowships, or other forms of financial assistance to students through a domestic or foreign will, trust, bequest, or similar instrument, the Title IX regulations require that the overall effect of such sex-restricted financial assistance not discriminate on the basis of sex.

Affirmative Action

34 CFR 106.3 does allow for scholarships that promote affirmative action policies, but only if they meet the following requirements:

(a) Remedial action. If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the Assistant Secretary deems necessary to overcome the effects of such discrimination.

(b) Affirmative action. In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex. Nothing herein shall be interpreted to alter any affirmative action obligations which a recipient may have under Executive Order 11246.

(c) Self-evaluation. Each recipient education institution shall, within one year of the effective date of this part:

(1) Evaluate, in terms of the requirements of this part, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and non-academic personnel working in connection with the recipient’s education program or activity;

(2) Modify any of these policies and practices which do not or may not meet the requirements of this part; and

(3) Take appropriate remedial steps to eliminate the effects of any discrimination which resulted or may have resulted from adherence to these policies and practices.

(d) Availability of self-evaluation and related materials. Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph (c) of this section, and shall provide to the Assistant Secretary upon request, a description of any modifications made pursuant to paragraph (c)(ii) of this section and of any remedial steps taken pursuant to paragraph (c)(iii) of this section.

The Title IX Equity Project is not aware of any university affirmative action programs that have met these requirements.

OCR REGIONAL OFFICE PROCESSING TIMES

SAVE tracks the OCR Regional Office processing times for our Title IX sex-specific scholarship complaints, showing the number of days elapsed until complaint acknowledgement and the opening of the investigation. The following information is as of September 30, 2020: