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The Department, however, will not impose a uniform strategy for recipients and would like recipients to have discretion in this regard. Discussion: The Department appreciates the common assist from commenters with regards to § 106.45(b)(5)(iv), which demands recipients to present all get-togethers with the same alternatives to have advisors current in Title IX proceedings and to also have advisors participate in Title IX proceedings, subject matter to equal limits on advisors' participation, in recipients' discretion. One commenter expressed aid for the NPRM's technique to training application or activity due to the fact it is dependable with the Department's past practice. One commenter argued that the Department's exclusion of off-campus assaults will hinder Federal background look at procedures, likely harming our nationwide stability and exposing co-workers to threat. Many commenters expressed concern that the NPRM's method to the instruction software or action condition would increase threat to pupils and other people. Other commenters asserted that the NPRM's strategy to schooling system or action was unclear. Commenters argued that the Supreme Court's Gebser decision concerned sexual exercise in between a teacher and pupil the place the sexual action did not consider put on school grounds, still the Supreme Court did not take into account that sexual harassment to be outside the house the purview of Title IX.