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These questions and answers are not a formal statement of policy. What is the purpose of the Dear Colleague letter?
Second, the Dear Colleague letter provides recipients with additional clarification on compliance with part three of the three-part test Part Threewhich is one of the options practice part 3 that OCR uses to assess whether institutions are providing nondiscriminatory athletic participation opportunities as required by Title IX of the Education Amendments of Title IX.
What is the three-part test? An institution is in compliance with the three-part test if it meets any one of the following parts of the test: 1 The number of male and female athletes is substantially proportionate to their respective enrollments; or 2 The institution has options practice part 3 history and continuing practice of expanding participation opportunities responsive to the developing interests and abilities of the underrepresented sex; or 3 The institution is fully and effectively accommodating the interests and abilities of the underrepresented sex.
The Dear Colleague letter focuses on the third compliance option Part Three. Has the Department issued additional clarification of the three-part test since and if so, is it still in effect?
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What is required for an institution to comply with Part Three? The letter also makes clear that OCR does not consider nonresponses to surveys as evidence of lack of interest or ability in athletics.
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The Dear Colleague letter provides technical assistance on the nondiscriminatory design and implementation of surveys, and clarifies that OCR has not endorsed or sanctioned any particular survey.
The letter explains that OCR evaluates the overall weight it will accord the results of a survey by examining the following factors, among others: content of the survey; response rates and treatment of nonresponses; confidentiality protections; and frequency of conducting the survey.
Must an institution administer a survey in order to comply with Part Three? An institution is not required to administer a survey to be in compliance with Part Three, nor does OCR evaluate a survey alone in order to determine compliance with Part Three.
A survey is only one indicator that may be used as part of an overall assessment of interests and abilities of the underrepresented sex.
This section requires the Commission to issue regulations requiring new registrants to attend ethics training sessions within six months of registration, and all registrants to attend such training on a periodic basis. The awareness and maintenance of professional ethical standards are essential elements of a registrant's fitness. Further, the use of ethics training programs is relevant to a registrant's maintenance of adequate supervision, a requirement under Rule In view of the foregoing, the Commission has chosen to allow registrants to develop their own ethics training programs. Nevertheless, futures industry professionals may want guidance as to the role of ethics training.
In addition to the survey, OCR will evaluate the other indicators of interest and ability discussed in the Dear Colleague letter. What is deemed an acceptable response rate for a survey?
OCR generally accords more weight to a survey with a higher response rate than a survey with a lower response rate if the survey design and administration are consistent with the factors discussed in the Dear Colleague letter including: the survey content, target population surveyed, response rates and treatment of nonresponses, confidentiality options practice part 3, and frequency of conducting the survey.
Is an institution presumed in compliance with Part Three if it has administered a survey to its students that shows no unmet interests or abilities of the underrepresented sex? An institution is not presumed to be in compliance with Part Three if the results of a survey it administers show no unmet interests or abilities of the underrepresented sex.
As discussed in the answer to the preceding question, OCR will determine the overall weight it will accord the results of a survey based on the nondiscriminatory design of the survey and its administration, along with the multiple factors discussed in the Dear Colleague letter. Can institutions use the prototype survey provided in the Additional Clarification when assessing student interests and abilities? If not, is there an example of a survey that an institution should use?
OCR has not developed, endorsed, or sanctioned any particular survey. However, for technical assistance purposes, the Dear Colleague letter provides options practice part 3 regarding the components of a nondiscriminatory survey and a few examples of questions an institution could ask in a survey.
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In addition, OCR will provide technical assistance to help institutions that are trying to develop a survey or otherwise comply with the Title IX athletic regulatory requirements. Can an institution rely solely on a survey to determine whether students have the potential ability to sustain an intercollegiate team?
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OCR does not rely solely on survey results when determining whether students have the potential ability to sustain an intercollegiate team. Does the Dear Colleague letter apply to interscholastic athletics? Accordingly, although designed for intercollegiate athletics, the general principles of the Policy Interpretation, and those of the Dear Colleague letter, often will apply to interscholastic, club, and intramural athletic programs.
Parent topic: Federal Acquisition Regulation 3. This part prescribes policies and procedures for avoiding improper business practices and personal conflicts of interest and for dealing with their apparent or actual occurrence. Subpart 3. Government business shall be conducted in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none.
In fact, as stated in the Further Clarification, the elimination of teams is a disfavored practice because it is contrary to the spirit of Title IX. Who should institutions contact if they need technical assistance?