(a) Nondiscriminatory recruitment. A recipient to which §§41.300 through 41.310 apply 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 §41.110(a), and may choose to undertake such efforts as affirmative action pursuant to §41.110(b).

(b) Recruitment at certain institutions. A recipient to which §§41.300 through 41.310 apply shall not recruit primarily or exclusively at educational institutions, schools, or entities that 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 §§41.300 through 41.310.