94-348 C.M.R. ch. 4
Chapter 4: EQUAL EDUCATIONAL OPPORTUNITY
Pursuant to Title 5, M.R.S.A., §§ 4551 et seq., as amended by P.L. 1983 c. 578, the Maine Human Rights Commission and the Commissioner of Education adopt this rule designed to assure nondiscrimination on the basis of sex in the educational institutions of the State of Maine.
All terms used in this rule, unless the context otherwise indicates, shall have the same meaning as in the Maine Human Rights Act, Title 5, M.R.S.A. §§ 4551, et seq., and applicable provisions of Title 20-A.
The right to freedom from discrimination on the basis of sex in public and publicly supported educational institutions is recognized and declared to be a civil right. This right includes the opportunity for an individual at an educational institution to participate in all academic and extra-curricular programs and related activities without discrimination on the basis of sex.
Remedial action which results in preferential treatment of one sex, undertaken pursuant to court order or a formal consent decree or settlement as the result of action by an authorized federal or state agency, shall not be unlawful educational discrimination for purposes of the Act.
Affirmative action resulting in preferential treatment of one sex, if undertaken pursuant to an affirmative action plan adopted by the governing body of the institution, shall be deemed not to be unlawful educational discrimination under the Act. Such affirmative action plans may be adopted in the absence of a finding of unlawful educational discrimination to overcome the effects of conditions of the past which have resulted in limited participation by persons of one sex and may involve special recruitment, counseling and other efforts to encourage the participation of members of that sex in programs or activities traditionally entered by the opposite sex. Neither sex can be entirely excluded from any activity by such affirmative action efforts. Nothing in this section, however, shall limit the ability of an educational institution to sponsor a single sex team in interscholastic or intercollegiate athletic competitions in compliance with § 4.11(C).
No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission by any educational institution to which the Act applies.
An educational institution shall not discriminate on the basis of sex in the recruitment of students. Written materials or recruitment activities used by an educational institution to recruit students shall not contain references suggesting the predominance of one sex or preference for one sex.
Each and every academic program and course offered by an educational institution shall be open and available to students regardless of sex. Nothing herein shall be construed to prohibit the use of prerequisites that have been demonstrated to be essential to success in a given program or course. However, if participation in a program or course is dependent upon completion of a prerequisite which was previously limited to students of one sex, then all members of the previously excluded group shall be given the opportunity to acquire the prerequisites or be allowed to enter the program or course without such prerequisites. If it cannot be shown that a prerequisite is essential to success in a given program or course, the prerequisite shall be abolished.
The determination of what courses are required of any student shall be made without regard to sex.
The scheduling of students into classes shall not be done on the basis of sex, except as authorized in sections 4.09 and 4.18.
The assignment of students into vocational programs or courses, including cooperative education, apprenticeships or on-the-job training sites, shall not be done on the basis of sex. Each educational institution shall require cooperating employers, vocational trainers, and special contractors to pledge that opportunities will not be restricted on the basis of sex. Where there is reasonable evidence of discrimination on the basis of sex, responsible officials of the educational institution shall take appropriate corrective action, including, but not limited to, terminating the relationship with the outside person.
The assignment of students to physical education courses shall not be done on the basis of sex. This section does not prohibit the grouping of students in physical education classes by ability as assessed by objective standards of individual performance developed and applied without regard to sex.
With respect to physical education courses at the secondary and postsecondary levels, the educational institution shall comply fully with this section as expeditiously as possible but in no event later than January 1, 1985.
Educational institutions may establish standards for participation based on vocal range or quality which result in a chorus or choruses of one sex so long as comparable alternative vocal musical opportunities are available to students of the opposite sex.
No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by an educational institution.
An educational institution which sponsors or participates in interscholastic, intercollegiate, club or intramural athletics shall provide an overall equal athletic opportunity for both sexes.
To provide equal opportunity in these programs, an institution must select sports and levels of competition which effectively accommodate the interests and abilities of both sexes and provide equal opportunities on a seasonal basis.
This section does not require all teams to be integrated or the provision of identical sports for both sexes.
In determining whether equal opportunities are available in athletics programs, the Commission shall consider whether the following are substantially equal:
* Scheduling of games and practice time;
* Travel and per diem allowance;
* Opportunity to receive coaching and academic tutoring;
* Provision of supportive services and benefits, including publicity, band and cheerleading support sponsored by the educational institution.
Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if an educational institution operates or sponsors separate teams will not constitute per se noncompliance with this section, but the Commission may consider the failure to provide necessary funds for teams of one sex in assessing general equality of opportunity.
An educational institution may sponsor single-sex team in interscholastic or inter-collegiate athletics competitions in the following instances:
In such a case, the educational institution must provide equal opportunity in athletics by sponsoring a team in another sport which effectively accommodates the interests and abilities of the opposite sex.
This may be done where competition open to both sexes has or will likely result in an overall lessening of equal opportunities in athletics for one sex.
An educational institution shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants.
An educational institution which uses testing or other materials for appraising or counseling students shall not use different materials for students on the basis of their sex or use materials which permit or require different treatment of students on such basis unless such different materials cover the same occupations and interest areas and the use of such different materials would encourage members of one sex to enter programs or activities which are traditionally entered by the opposite sex.
An educational institution may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.
An educational institution shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements, or offer different services or benefits related to housing, except as provided in this section (including housing provided only to married students).
An educational institution may provide separate housing on the basis of sex. However, housing provided by an educational institution to students of one sex, when compared to that provided to students of the other sex, shall be as a whole:
Except as provided in subsections B and C of this section, an educational institution, in providing financial assistance to any of its students shall not:
An educational institution may administer or assist in the administration of 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; provided that the aggregate of all the awards of such sex-restricted scholarships, fellowships, and other forms of financial assistance does not discriminate on the basis of sex.
An educational institution which assists any agency, organization, business or person in making employment available to any of its students shall meet the following:
In providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, an educational institution shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner which would constitute discrimination on the basis of sex.
An educational institution shall not establish or implement any policy concerning a student's actual or potential parental, family, or marital status which treats students differently on the basis of sex.
Public schools, however, shall excuse students who are disabled by pregnancy, as an excusable absence pursuant to Title 20-A, section 5001-A (4).
Harassment on the basis of sex shall be unlawful educational discrimination within the meaning of Title 5, §4602. This shall include unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature in the following situations:
This rule does not apply to the membership practices of social fraternities and sororities which are exempt from taxation under Section 501(a) of the Internal Revenue Code of 1954, the active membership of which consists of students at institutions of higher education.
This rule does not prohibit the occasional holding of special events organized for members of one sex, such as father-son, mother-daughter dinners.
This rule does not prohibit the single-sex membership practices of The Girl Scouts, Boy Scouts, Young Men's Christian Association, Young Women's Christian Association, Boys State, Girls State, or other such groups which may use the facilities of the educational institution.
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 12, 1996
July 30, 1996 - Section 11 (C) (2) – Chapter 4 only, filing 96-316, jointly with Department of Education
REPEALED AND REPLACED:
AMENDED:
February 8, 2010 – Chapter 4-A only, filing 2010-21, jointly with Department of Education