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Proposed Regulations: We suggest introducing a new § 106.45 addressing the needed grievance processes for formal problems of sexual harassment. Proposed paragraph (a) states that a recipient's therapy of a complainant in reaction to a official complaint of Start Printed Page 61472sexual harassment may represent discrimination on the basis of sexual intercourse, and also states that a recipient's cure of the respondent may constitute discrimination on the foundation of sex under Title IX. 648-49, 654. The Department thinks that like these protected harbors in the polices emphasizes a recipient's obligation to reply to recognised sexual harassment and to ensure a complainant's access to the recipient's education and learning plan or action in conditions where a acquiring of responsibility has been produced, though preserving the recipient's flexibility to apply its grievance strategies, offered these techniques comply with the demands of proposed § 106.45. The harmless harbor obtainable in proposed § 106.44(b)(1) would protect the recipient from a getting by the Department that the recipient's reaction to the official grievance constituted sex discrimination under Title IX, irrespective of irrespective of whether the complainant claimed that the reaction was deliberately indifferent, or irrespective of whether the respondent claimed that the recipient's reaction normally constituted intercourse discrimination

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