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As to the assertion that the Department's authority to control under Title IX does not increase to making certain that a Title IX grievance course of action is made up of procedural legal rights and protections for complainants and respondents, we describe through this preamble and specially in the "Role of Due Process in the Grievance Process" area that the Department interprets and enforces Title IX (and in truth, any Start Printed Page 30531 legislation below the Department's regulatory purview) regular with the U.S. Supreme Court's private lawsuit framework demands, when prescribing a standardized grievance approach steady with owing course of action of regulation and elementary fairness. For illustration, a receiver that complies with § 106.44(a) and § 106.44(b)(1), which features but goes outside of the Supreme Court's deliberate indifference liability normal, will instantly supply a complainant supportive measures when the receiver has true know-how of sexual harassment in its schooling plan or action in opposition to a human being in the United States-no matter whether or not the recipient also investigates and adjudicates the complainant's allegations of sexual harassment. More specially, under § 106.44(a), the Title IX Coordinator have to promptly call the complainant ( i.e., the human being alleged to have been victimized by sexual harassment) to focus on the availability of supportive steps as defined in § 106.30, take into consideration the complainant's wishes with regard to supportive steps, advise the complainant of the availability of supportive measures with or with no the submitting of a formal complaint, and describe to the complainant the system for filing a official criticism. |
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