**May 3, 1988 M27-1, Part III**

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**CONTENTS**

**SECTION III. EQUAL OPPORTUNITY**

**CHAPTER 13. GENERAL INFORMATION**

**PARAGRAPH PAGE**

13.01 Purpose 13-1

13.02 Definitions for Program Purposes 13-1

13.03 Internal Delegations and Responsibilities 13-3

13.04 Training 13-4

13.05 Demographic and Sociologic Data 13-5

13.06 Title VI of the Civil Rights Act of 1964 13-5

13.07 Title IX of the Education Amendments of 1972 13-7

13.08 Section 504 of the Rehabilitation Act of 1973 13-7

13.09 Age Discrimination Act of 1975 13-8

13.10 Information Dissemination 13-8

**13-i**

**May 3, 1988 M27-1, Part III**

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**SECTION III. EQUAL OPPORTUNITY**

**CHAPTER 13. GENERAL INFORMATION**

**13.01 PURPOSE**

The purpose of this section is to provide guidance for DVB (Department
of Veterans Benefits) personnel to carry out the VA\'s equal opportunity
compliance responsibilities in programs and activities which receive
Federal financial assistance, and which are under DVB\'s jurisdiction.

a\. The VA\'s equal opportunity compliance responsibilities are derived
from several civil rights laws, including:

\(1\) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to
2000d-6);

\(2\) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 to
1686);

\(3\) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and

\(4\) The Age Discrimination Act of 1975 (42 U.S.C. 6101).

(**NOTE:** *The scope of these laws will be covered in the applicable
paragraphs of this chapter.*)

b\. The following Executive orders affect the implementation of these
laws:

\(1\) Executive Order 12067, Providing for Coordination of Federal Equal
Employment Opportunity Programs, directs the Equal Employment
Opportunity Commission to develop uniform standards, guidelines, and
policies for implementing all Federal laws, regulations and Executive
orders which require equal employment opportunity. Employment that is
covered by Federal financial assistance statutes falls under the
authority of this Executive order.

\(2\) Executive Order 12250, Leadership and Coordination of
Nondiscrimination laws, designates the Attorney General as coordinator
for implementation and enforcement of Title VI, Title IX, section 504,
and any other provision of Federal statutory law which prohibits
discrimination on the ground of race, color, national origin, handicap,
religion, or sex in programs or activities receiving Federal financial
assistance. Executive Order 12250 revoked both Executive Order 11764,
which designated the Attorney General as coordinator for Title VI
enforcement, and Executive Order 11914, which designated the Secretary
of Health, Education, and Welfare as coordinator for section 504
enforcement.

**13.02 DEFINITIONS FOR PROGRAM PURPOSES**

a\. **Affirmative Action**. Positive steps taken to ensure that
protected group members are afforded equal treatment. The steps taken
may also include activities designed to overcome the effects of past
discrimination or steps taken to ensure that the effects of past
discrimination will not remain a barrier to equal opportunity for
protected group members in the future.

b\. **Affirmative Action Commitment**. A formal, written agreement
reached between reviewing officers and recipients of Federal financial
assistance to correct a specific discriminatory practice or to prevent a
potentially discriminatory action against participants in proprietary
schools. The commitment should be worded to define clearly the
discriminatory practice or action contributing to a status of
noncompliance and specify the remedial action required for a status of
compliance. The statement may also certify that the facility will not
practice, or will take affirmative action to eliminate or overcome the
effects of, a specific form of discrimination that has been practiced at
the facility in the past.

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c\. **Agency**. Any Federal department, commission, administration,
board , foundation, office, or authority which has implemented or has
published regulations in the Federal Register for implementation of
equal opportunity laws.

d\. **Discrimination**. Actions, language, attitudes, policies, or
practices which indicate a difference in treatment or reflect partiality
, bias, or prejudice, or which have a disproportionate impact on any
person or group on the basis of race, color, national origin, sex,
handicap, or age.

e\. **Facility**. Used in this manual to refer to any proprietary
educational institution which receives Federal financial assistance.

f\. **Federal Financial Assistance**. Includes scholarships, student
loans, Federal funds paid directly to the facility, traineeship
stipends, and employment obtained by the facility for the participants
as part of an assistance program (e.g., work-study program).

g\. **Housing Assistance**. Any housing, assistance, or housing
arrangement which the facility administers, provides, donates, leases,
rents, or otherwise makes available to any agency, organization, or
person for the purpose of housing program participants.

h\. **Normal Operation**. The operation of a program or activity without
significant changes that would impair its ability to meet its
objectives.

i\. **Parent Institution.** An organization, business or educational
institution which serves as the head or central office of an educational
program and has one or more affiliates or branches.

j\. **Participants**. Individuals enrolled in proprietary educational
institutions.

k\. **Placement Assistance**. Services provided by the facility which
assist participants to find employment. Such services include employment
obtained as part of an assistance program, a work-study program,
internship, or an employment referral program.

l\. **Protected Group.** Persons belonging to racial and ethnic groups,
handicapped individuals, persons subject to discrimination on the basis
of age and/or sex, or persons belonging to a group which is in the
minority in enrollment in the program.

m\. **Statutory Objective**. Any purpose of a program or activity
expressly stated in any Federal, State or local statute or ordinance
adopted by an elected, general purpose legislative body.

a\. The Chief Benefits Director has delegated authority to the Director
of each VA regional office (except Manila regional office), VAM&ROC (VA
medical and regional office center), and VARO&IC (VA regional office and
insurance center to carry out equal opportunity compliance activities.
For the purposes of part Ill, section Ill, of this manual, each VA
regional office, VAM&ROC, or VARO&IC will hereafter be referred to as
\"each regional office or center.\" Each regional office and center
shall provide staffing necessary to perform the following functions:

\(1\) Investigate and process all discrimination complaints arising
under 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, and the Age Discrimination Act of 1975;

\(2\) Conduct periodic compliance reviews; and

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**13.03 INTERNAL DELEGATIONS AND RESPONSIBILITIES**

\(3\) Attempt to secure voluntary compliance by conciliation or other
informal means when an investigation of a complaint, a compliance
review, or other source indicates noncompliance, or when a statement of
assurance of compliance has not been signed.

b\. Under this delegation, station Directors may assign the functions
listed above to Veterans Services Division personnel. The personnel
assigned should exercise tact in dealing with facility officials, use
good judgment, pay careful attention to details, and demonstrate
independence of operation. They must be able to deal effectively with
persons regardless of age, race, color, sex, national origin, or
handicap, and with persons of different economic, cultural, and
educational backgrounds. They must have the ability to collect and
assemble pertinent facts and must possess an awareness of the problems
caused by discrimination against minorities, women, handicapped
individuals, and the elderly.

c\. VA equal opportunity regulations apply to the following programs
under the jurisdiction of DVB:

\(1\) Vocational training for certain pension recipients, Veterans
Educational Assistance Act of 1984, Training and Rehabilitation for
Veterans With Service-Connected Disabilities, Post-Vietnam Era
Veterans\' Educational Assistance, Veterans\' Educational Assistance,
Survivors\' and Dependents\' Educational Assistance, and Administration
of Education Benefits (38 U.S.C. chapters 15, 30,31,32, 34, 35, and 36,
respectively);

\(2\) Approval of Educational institutions (38 U.S.C. 104);

\(3\) Space and office facilities for recognized national organizations
(38 U.S.C. 3402(a)(2)). This program is not covered by the provisions of
Title IX; and

\(4\) Space and office facilities for representatives of State
employment services (38 U.S.C. 244 (5)). This program is not covered by
the provisions of Title IX.

d\. The procedures used to enforce equal opportunity compliance may be
found in 38 CFR 18.8-18.11 and 38 CFR Part l8b.

**13.04 TRAINING**

a\. The Department of Veterans Benefits is responsible for planning and
implementing a program of training and technical assistance for field
station personnel who will carry out equal opportunity compliance
activities. Directives will be issued and training will be provided, as
required, to establish uniform procedures and standards of performance.
VA Central Office VAS (Veterans Assistance Service) (27) will conduct
additional training, as required.

b\. Each regional office or center will provide equal opportunity
personnel with at least 4 hours per year of formal job-related training.
This training will be based on public laws, VA Regulations and
directives, procedural changes, deficiencies identified during quality
evaluations, and recommendations from Central Office visits. Each
regional office or center will also provide training for replacement
personnel and for any employee who assists in performing equal
opportunity activities on a temporary basis. Employees who are newly
assigned to perform equal opportunity activities will be accompanied by
an experienced employee during an onsite review before conducting a
review independently or with another inexperienced employee.

c\. Only experienced equal opportunity compliance personnel will provide
refresher training and training for replacement employees. Regional
offices or centers which lack resources to provide this training will
request that it be provided by VA Central Office VAS (27).

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d\. The training will include:

\(1\) General information on: the mission and goals of the equal
opportunity program in the Veterans Services Division; jurisdictional
authority for reviews, investigations, conciliation, hearings, and
enforcement actions; VA programs covered by Title VI, Title IX, section
504, and the Age Discrimination Act; other Federal and State agencies
with equal opportunity responsibilities with which the VA maintains
liaison; facilities that are to be reviewed; relevant court decisions;
and General Counsel opinions relating to Title VI, Title IX, section
504, and the Age Discrimination Act.

\(2\) Detailed information on: data to be obtained prior to a review,
preaward and onsite compliance reviews, complaint investigations,
station compliance plan and review schedule, recordkeeping, preparation
of reports, and civil rights training. Training for equal opportunity
compliance personnel may be formal or informal, with the objective to
increase one\'s sensitivity to the issues pertaining to minorities,
women, handicapped individuals, and the elderly.

**13.05 DEMOGRAPHIC AND SOCIOLOGIC DATA**

Equal opportunity compliance personnel will gather data that provide an
understanding of the demographic and sociologic characteristics of the
areas from which the facility draws its enrollees. The data will include
statistics on majority and protected group populations, employment,
income, disabilities, neighborhoods of residence, education and training
levels, and schools or other job training facilities available in the
community. The sources of data will include public and private agencies,
civil lights organizations, local advocacy groups, public officials, and
community leaders. The data may then be used for all facilities to be
reviewed in that community or locality.

**13.06 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964**

a\. **Authority**

\(1\) Under section 5 of the Fourteenth Amendment to the Constitution of
the United States, Congress passed the Civil Rights Act of 1964. Section
601 of that act states:

No person in the United States shall, on the ground of race, color or
national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance public Law 88352, sec.
601, Civil Rights Act of 1964; 78 Stat. 252; 42 U.S.C. 2000d).

\(2\) Section 602 of the above act provides that:Each Federal department
and agency which is empowered to extend Federal financial assistance to
any program or activity, by way of grant, loan or contract other than a
contract of insurance or guaranty, is authorized and directed to
effectuate the provisions of section 601 with respect to such program or
activity by issuing rules, regulations, or orders of general
applicability which shall be consistent with achievement of the
objectives of the statute authorizing the financial assistance in
connection with which the action is taken.

\(3\) In accordance with section 602, the VA published Federal
regulations (38 CFR 18.1-18.13, 18a.1-18a.5.7 and 18b.1-18b.95) to
ensure compliance with section 601 in the VA programs which are covered
by Title VI. These regulations: explain the procedures for obtaining
compliance; explain the exchange of delegations between the
Administrator of Veterans Affairs and the Secretary, DHEW (Department of
Health, Education and Welfare) (Effective May 7, 1980, DHEW because the
Department of Education and the Department of Health and Human
Services); assign specific functions to designated VA officials; and
explain the procedures for hearings, decisions, and administrative
review.

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\(4\) The Administrator delegated to the Secretary, DHEW, compliance
functions for institutions of higher learning, hospitals and other
health care facilities, and elementary and secondary schools in a public
school system. Also included in the delegation were those post-high
school institutions which offer noncollege-degree courses for which
credit is given and which would be accepted on transfer by a
degree-granting institution toward a baccalaureate or higher degree.

\(5\) The VA specifically reserved to itself responsibilities for
effecting compliance under 38 CFR 18.8 through 18.10 for all schools
approved for VA benefits. The VA also reserved for itself the compliance
responsibilities for:

\(a\) Postsecondary schools which do not offer a program of courses
leading to or creditable towards the granting of at least a bachelor\'s
degree or its equivalent; and

\(b\) Privately owned and operated technical, vocational, and other
private schools at the elementary or secondary levels.

\(6\) Additional directives governing the implementation of the VA Title
VI program are included in 38 CFR 21.4258(d) and 38 CFR 21.4300-21.4307,
excluding section 21.4303 which was removed. These regulations restate
the delegation agreements between VA and DHEW and establish procedures
for obtaining assurances of compliance with the Civil Rights Act of 1964
as a part of the process of approving educational institutions. They
also explain the procedures for authorizing educational payments to
veterans and their beneficiaries when there has been a final
determination that a facility is not in compliance.

b\. **Employment Practices**

\(1\) Title VI applies to the facility\'s employment practices when the
primary objective of the Federal financial assistance granted to the
facility\'s programs is to provide employment.

\(2\) In regard to Federal financial assistance which does not have
employment as a primary objective, Title VI applies to the facility\'s
employment practices if they tend to discriminate on the balls of race,
color, or national origin against beneficiaries under the program
receiving Federal financial assistance (38 CFR 18.3).

**13.07 TITLE IX OF THE EDUCATION AMENDMENTS OF 1972**

a\. **Authority**

\(1\) Section 901 of Title IX of the Education Amendments of 1972 states
that:

No person in the United States shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving
Federal financial assistance. (Public Law 92-3l8, sec. 90l; 86 Stat.
373; 20 U.S.C. 1681-1686.)

\(2\) Section 902 of the above act states that:

Each Federal department and agency which is empowered to extend Federal
financial assistance to any education program or activity by way of
grant, loan, or contract other than a contract of insurance or guaranty
is authorized and directed to effectuate the provisions of section 901
with respect to such program or activity by issuing rules, regulations,
or orders of general applicability which shall be consistent with
achievement of the objectives of the statute authorizing the financial
assistance in connection with which the action is taken. (Public Law
92-318, sec. 901; 86 Stat. 374; 20 U.S.C. 1681-1686.)

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b\. **Employment Practices**. Title IX applies to the facility\'s
employment practices whether or not the primary objective of the Federal
financial assistance granted to the facility\'s program is to provide
employment.

**13.08 SECTION 504 OF THE REHABILITATION ACT OF 1973**

a\. **Authority**

\(1\) Section 504 of the Rehabilitation Act of 1973 states that:

No otherwise qualified handicap/d individual in the United States, . . .
shall, solely by reason of his handicap, be excluded from the
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance. (Public law 93-112, Title V, sec. 504, Rehabilitation Act of
1973; 87 Stat. 394; 29 U.S.C. 794.)

\(2\) Section 1 of Executive Order 11914 (rescinded by Executive Order
12250) directed the Secretary of the DHEW to coordinate Federal
agencies\' implementation of section 504. In accordance with Executive
Order 11914, DHEW established standards for determining who are
handicapped individuals and guidelines for determining what are
discriminatory practices. In addition, section 2 of Executive Order
11914 required each Federal department and agency with the authority to
provide Federal financial assistance to issue regulations and directives
consistent with the standards and guidelines established by DHEW.

\(3\) Additional directives governing the implementation of section 504
are included in VA Regulations.

b\. Employment Practices. Section 504 applies to the facility\'s
employment practices whether or not the primary objective of the Federal
financial assistance is to provide employment.

**13.09 AGE DISCRIMINATION ACT OF 1975**

a\. **Authority**

\(1\) Section 303 of the Age Discrimination Act of 1975 provides that:

No person in the United States shall, on the basis of age, be excluded
from participation in, be denied the benefits of or be subjected to
discrimination under any program or activity receiving Federal financial
assistance. (Public Law 94-135, Title III, sec. 303; 89 Stat. 728; 42
U.S.C. 6102.)

\(2\) The Age Discrimination Act contains several exceptions which limit
the general prohibitions against age discrimination. Section 304(b)(l)
of the act permits the use of age distinctions which are necessary to
the \"normal operation\" or to the \"achievement of a statutory
objective.\" Additionally, the act does not apply to any age distinction
\"established under authority of any law\" which provides benefits or
establishes criteria for participation on the basis of age or in
age-related terms.

\(3\) Under the authority of section 304 of the act, the VA issued
Federal Regulations (38 CFR 18.501 to 18.550) to ensure compliance with
section 303 in the programs covered by the Age Discrimination Act.

b\. **Employment Practices.** The Age Discrimination Act applies to the
facility\'s employment practices when the primary objective of the
Federal financial assistance granted to the facility\'s programs is to
provide employment. The Age Discrimination in Employment Act, December
1967, which is administered by the Equal Employment Opportunity
Commission, continues to be the Federal statute that prohibits
employment discrimination for persons between the ages of 40 and 70.

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**Change 18**

**13.10 INFORMATION DISSEMINATION**

a\. The VA Poster 27-84-1, Equal Opportunity Is the Law, provides
information to applicants, participants, and other interested persons on
their rights under the equal opportunity laws that cover education and
training in programs which receive Federal financial assistance.
Facilities are required to display the poster in a conspicuous location.
Each VA regional office or center will ensure that proprietary
noncollege-degree facilities under its jurisdiction receive a copy of
the poster. A copy of the poster will also be distributed by VA to
schools approved for benefits through the Department of Education but
not approved for VA benefits under 38 U.S.C. chapter 36, at the time new
schools are identified as recipients of Federal financial assistance. VA
personnel will provide a poster for facilities at any time the absence
of a poster Is noted during an onsite visit, i.e:, liaison visits,
compliance surveys, equal opportunity reviews, or complaint
Investigations. Prior to issuing the poster, the VA regional office or
center will stamp its address in the blank space near the bottom of the
poster.

b\. The VA may receive requests from public officials or private civil
rights organizations for information on approved facilities. Such
requests may include inquiries on the compliance status, complaints
received by the VA against a facility, results of investigations of
complaints, etc. Release of this kind of information Is authorized, and
regional offices and centers are encouraged to cooperate with public
agencies and private organizations In further assuring the civil rights
compliance of recipients. Safeguards must also be maintained to protect
the confidentiality of complainants and/or witnesses, when necessary.