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Proposed Regulations: We propose including a new § 106.45 addressing the required grievance treatments for formal grievances of sexual harassment. Proposed paragraph (a) states that a recipient's treatment method of a complainant in response to a formal grievance of Start Printed Page 61472sexual harassment could constitute discrimination on the basis of intercourse, and also states that a recipient's remedy of the respondent may possibly represent discrimination on the basis of sexual intercourse less than Title IX. 648-49, 654. The Department thinks that which include these safe harbors in the rules emphasizes a recipient's obligation to answer to known sexual harassment and to guarantee a complainant's access to the recipient's schooling program or activity in predicaments where by a acquiring of obligation has been designed, while preserving the recipient's adaptability to carry out its grievance strategies, furnished people strategies comply with the prerequisites of proposed § 106.45. The harmless harbor offered in proposed § 106.44(b)(1) would shield the receiver from a discovering by the Department that the recipient's reaction to the formal criticism constituted sexual intercourse discrimination underneath Title IX, irrespective of no matter whether the complainant claimed that the response was deliberately indifferent, or whether the respondent claimed that the recipient's response otherwise constituted sexual intercourse discrimination

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