Equal in quality and scope.

(e) Equal in quality and scope. The term means the same access to campus and students provided by the school to the any other nonmilitary recruiters or employers receiving the most favorable access. The focus is not on the content of a school's recruiting policy, but instead on the result achieved by the policy and compares the access provided military recruiters to that provided other recruiters. Therefore, it is insufficient to comply with the statute if the policy results in a greater level of access for other recruiters than for the military. The U.S. Supreme Court further explained that the statute does not call for an inquiry into why or how the other employer secured its access * * * We do not think that the military recruiter has received equal access [when a law firm is permitted on campus to recruit students and the military is not] - regardless of whether the disparate treatment is attributable to the military's failure to comply with the school's nondiscrimination policy.


32 CFR § 216.3

Scoping language

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