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OE Companion Discussion Group

The Department needs to make clear that § 106.44(b)(2) applies only to determinations regarding obligation reached in a § 106.45 grievance system, which in switch applies only to official grievances (defined in § 106.30 to signify allegations of sexual harassment) the § 106.45 grievance procedure does not implement to complaints about other styles of sex discrimination. Some commenters needed to omit the unexpected emergency removal provision totally, arguing that if directors at the postsecondary level have the ability to preemptively suspend or expel a student, on the pretext of an crisis, then every sexual misconduct condition could be deemed an crisis and respondents would never get the thanks system protections of the § 106.45 grievance course of action. Comments: Some commenters thought that § 106.44(c) offers because of approach protections for respondents whilst shielding campus security. The ultimate restrictions have to have recipients to shield complainants' equal educational obtain, though at the very same time supplying the two functions due process protections all over any grievance process, and § 106.44(b)(2) does not impair the Department's means to hold recipients accountable for meeting these obligations. Discussion: The Department thinks that recipients are in the most effective situation to designate "reasonably prompt time frames" that harmony the require to conclude Title IX grievance procedures instantly with offering the fairness and precision that these last regulations need.