BAILEY BROWN, Senior Circuit Judge. This appeal arises out of a compliance proceeding initiated against Hillsdale College by the General Counsel of the Department of Health, Education, and Welfare (""HEW"")1 in December, 1977, pursuant to the provisions of Section 902 of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1686 (1976) (""Title IX""), and the regulations promulgated thereunder.2 HEW sought an order terminating the financial assistance Hillsdale College students receive through various federal student loan and grant programs because of Hillsdale's refusal to file HEW Form 639A (""Assurance of Compliance with Title IX Regulations"") as required by 34 C.F.R. § 106.4 (1981).3 Hillsdale's refusal to execute the Assurance of Compliance is the only basis for the HEW enforcement action; no allegations of actual sex discrimination on the part of the college have been made or are before this court. For the reasons stated herein, we hold that Hillsdale College is not required to execute the Assurance of Compliance as a condition of its students' continued receipt of federal financial assistance and hereby reverse the Order issued below to that effect.
