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Rather, § 106.44(b)(2) encourages finality for parties and
recipients by stating that OCR will not overturn determinations just due to
the fact OCR would have weighed the evidence in the scenario otherwise.
The necessities of the final restrictions do not represent a
very low bar somewhat, these final regulations count on-and the Department will keep
recipients accountable for-responses to sexual harassment allegations that assistance complainants and address the two get-togethers quite by
complying with distinct, necessary obligations. Even if the Department is expected to give due excess weight to the EEOC's determination concerning Title VII beneath 28
CFR 42.610(a), the Department does not have authority to administer or enforce Title VII.
If the Assistant Secretary refers a complaint submitted with
OCR to the EEOC below Title VII or 28 CFR 42.605, then the EEOC will make a resolve under its very own rules
and not the Department's regulations. Refraining from 2nd guessing the resolve attained by
a recipient's conclusion-maker entirely because the
proof could have been weighed otherwise does not avert OCR from pinpointing and correcting any
violations the receiver could have fully commited for the duration of the Title IX grievance approach.
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