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Like the 2001 Guidance, these last polices in § 106.6(g) understand that a dad
or mum or guardian may well have the authorized right to act on behalf of a "complainant," "respondent," "party," or other personal.
The final restrictions determine real awareness to consist of detect of allegations of
sexual harassment a recipient cannot wait around to answer to sexual harassment allegations right
up until the recipient has probable lead to that the sexual harassment occurred.
Another commenter prompt that deans, directors, department heads, or any supervisory staff members really should
be held individually liable for getting actual knowledge
of a report of sexual misconduct. Another commenter raised identical problems about what the State of
Washington requires and asked for that the Department clarify
these ultimate restrictions do not preclude
a dedication that a recipient's actions constitute discrimination beneath State civil legal
rights guidelines. These ultimate regulations go outside of the Gebser/Davis framework by requiring recipients to have in place distinct, available reporting alternatives,
and demanding recipients to notify its academic community of those reporting options.
As discussed in that area, and in the "Adoption and Adaption of the Supreme Court's Framework to Address Sexual Harassment" portion of this preamble,
we feel that the ultimate polices appropriately keep recipients liable for responding
to each individual allegation of sexual harassment of which the receiver is
mindful, ensure that elementary and secondary school college students
might report to any university employee, and assure that just
about every recipient's educational community understands that any person may perhaps report sexual harassment (irrespective of whether they are the sufferer, or a witness, or any other
third social gathering), triggering the recipient's obligation to
instantly answer.
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