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Discussion: The Department is persuaded by commenters' unease
above a perceived deficiency of defense towards retaliation and thus
the remaining rules incorporate § 106.71, which prohibits any particular person from intimidating, threatening, coercing,
or discriminating against any person for the intent of interfering
with any right or privilege secured by Title IX which includes, amid other items, creating a report or official criticism of
sexual harassment. In more response to commenters' issues that hazardous stereotypes could also guide a receiver to unfairly punish learners with
disabilities reporting sexual harassment allegations, the Department has additional §
106.71(a) to expressly prohibit retaliation and specifically stating that fees from an individual for code of perform violations
that do not contain intercourse discrimination or sexual harassment,
but come up out of the same info or situations as a report or complaint of intercourse discrimination, or report or official grievance
of sexual harassment, for the purpose of interfering with any appropriate
or privilege secured by Title IX or its utilizing rules, constitutes retaliation. The warning informs both equally events about code of perform provisions that govern either party's perform at the grievance course of action, and only applies if
this kind of provisions exist in the recipients' own code of
perform. Recipients are obligated to present supportive actions to a complainant (with or with out the filing of
a official complaint) and to interact the complainant in an interactive discussion relating to the complainant's wishes with regard
to supportive steps. -
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