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In reaction to these and Start Printed Page 30441other remarks, the Department has
extra a provision to expressly prohibit retaliation in § 106.71.
Under § 106.71, a school member with seniority could not
coerce witnesses to offer favorable testimony.
In response to commenters' fears that such as details about remedies for complainants in the prepared
willpower could pose avoidable privateness, confidentiality, or protection complications that could negatively affect complainants, the final laws revise this provision to demand that the written willpower condition no matter if remedies will be
furnished to a complainant the mother nature of such therapies can then be mentioned individually among the complainant and
the Title IX Coordinator. Nonetheless, the final restrictions are focused on administrative enforcement of Title
IX, and for explanations reviewed previously, the
Department does not think that the statutory textual content or judicial
interpretations of Title IX conquer the presumption in opposition to extraterritoriality
that applies to statutes passed by Congress. Title IX does not have extraterritorial
application. As a functional make a difference, we also be aware that faculties may perhaps face problems interviewing witnesses and collecting
evidence in foreign destinations where sexual misconduct may perhaps have happened.
We have revised § 106.45(b)(3) to explicitly point out that even if
a receiver should dismiss a formal complaint for Title IX uses simply because the alleged sexual harassment did
not happen against a particular person in the U.S., these a dismissal
is only for reasons of Title IX, and nothing precludes the receiver from addressing the
alleged misconduct as a result of the recipient's have
code of conduct.
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