34 CFR 106.23 : Education (Parts 1-2 To Parts 1201-1299) — (Parts 1-2 To § 299.12) — Regulations Of The Offices Of The Department Of Education (§ 100.1 To § 299.12) — Office For Civil Rights, Department Of Education (§ 100.1 To Parts 111-199) — Nondiscrimination On The Basis Of Sex In Education Programs Or Activities Receiving Federal Financial Assistance (§ 106.1 To Appendix A To Part 106) — Discrimination On The Basis Of Sex In Admission And Recruitment Prohibited (§ 106.21 To § 106.23) — Recruitment.

(a) Nondiscriminatory recruitment. A recipient to which this subpart applies shall not discriminate on the basis of sex in the recruitment and admission of students. A recipient may be required to undertake additional recruitment efforts for one sex as remedial action pursuant to § 106.3(a), and may choose to undertake such efforts as affirmative action pursuant to § 106.3(b).

(b) Recruitment at certain institutions. A recipient to which this subpart applies shall not recruit primarily or exclusively at educational institutions, schools or entities which admit as students only or predominantly members of one sex, if such actions have the effect of discriminating on the basis of sex in violation of this subpart.