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In response to these and Start Printed Page 30441other responses, the Department has included a provision to expressly prohibit retaliation in § 106.71.
Under § 106.71, a faculty member with seniority could not coerce witnesses to offer favorable testimony. In response to commenters' issues that including details about solutions for complainants in the published determination could pose unneeded privateness, confidentiality, or security troubles that could negatively impact complainants, the final rules revise this provision to have to have that the created perseverance state whether or not remedies will be furnished to a complainant the character of these types of solutions can then be talked over separately amongst the complainant and the Title IX Coordinator.
Nonetheless, the closing polices are targeted on administrative enforcement of Title IX, and for causes talked over formerly, the Department does not imagine that the statutory textual content or judicial interpretations of Title IX defeat the presumption against extraterritoriality that applies to statutes passed by Congress.
Title IX does not have extraterritorial software. As a realistic make any difference, we also be aware that faculties may facial area problems interviewing witnesses and collecting evidence in foreign areas the place sexual misconduct may well have transpired. We have revised § 106.45(b)(3) to explicitly state that even if a receiver must dismiss a official complaint for Title IX uses simply because the alleged sexual harassment did not take place from a individual in the U.S.
, these types of a dismissal is only for functions of Title IX, and very little precludes the receiver from addressing the alleged misconduct by means of the recipient's have code of conduct.
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