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Zadzwoń do nas: 789 308 236
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Discussion: The Department appreciates this opinions and discusses these problems in the "Section 106.45(b)(1)(v) Reasonably Prompt Time Frames" subsection of the "General Requirements for § 106.45 Grievance Process" subsection of the "Section 106.45 Recipient's Response to Formal Complaints" area of this preamble.
We reiterate in this article that the ultimate
regulations do not need a receiver to hold off a Title IX grievance system while a
legislation enforcement investigation is pending fairly, § 106.45(b)(1)(v), only permits a receiver to offer for quick-time period delays or extensions of
the recipient's own designated, fairly prompt time
frame for conclusion of the grievance procedure, when these types of quick-phrase delay or extension is centered on "good trigger," and that
provision gives as an illustration of superior result in, concurrent regulation enforcement
exercise. "Good cause" under these last rules would not
justify a extended or indefinite delay or extension of time frames for concluding
the Title IX grievance process, no matter of whether a law
enforcement investigation is still pending.
Other carry out, said commenters, might be sexual in mother
nature, and even significant or pervasive or objectively offensive-but not all 3-and consequently
not bring about a obligation to react, and not cause any require
to go as a result of the grievance methods. We reiterate that under these final polices, recipients
continue to be totally free to deal with misconduct that does not satisfy that definition beneath State legal
guidelines or a recipient's very own code of carry out, and as to such misconduct
these closing restrictions (including the standard response obligations in § 106.44 and the grievance procedure in § 106.45) do not apply.
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