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For discussion of transcript notations, see the "Transcript Notations" subsection of the "Determinations Regarding Responsibility" subsection of the "Section 106.45 Recipient's Response to Formal Complaints" section of this preamble. For additional discussion of the Department's software of these final laws to personnel, see the "Section 106.6(f) Title VII and Directed Question three (Application to Employees)" subsection of the "Clarifying Amendments to Existing Regulations" part of this preamble. Changes: The Department has revised § 106.45(b)(7)(i) of the last restrictions these kinds of that recipients have the decision of both implementing the preponderance of the proof typical or the crystal clear and convincing evidence regular, and § 106.45(b)(1)(vii) requires a receiver to make that alternative applicable to all official grievances of sexual harassment, like those in opposition to employees and college. Comments: A number of commenters expressed help for § 106.45(b)(7) for the reason that it calls for the decision-maker to give a composed dedication pertaining to accountability. Comments: Several commenters proposed alternative regulatory language for § 106.45(b)(7)(i). One commenter urged the Department to explicitly address each sexual harassment and "sexual misconduct" in the conventional of evidence provisions. Commenters instructed the deletion of the final sentence of 106.45(b)(7)(ii), "The documentation of particular bases or measures . This commenter rejected the idea that the preponderance of the proof typical is fifty per cent "plus a feather." One commenter recommended that if in a individual scenario the preponderance of the evidence typical is pleased, but not the apparent and convincing proof standard, then the Department ought to allow recipients to suspend or expel the respondent but not place a lasting notation on the respondent's transcript that would avert transfer to an additional university.

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For discussion of transcript notations, see the "Transcript Notations" subsection of the "Determinations Regarding Responsibility" subsection of the "Section 106.45 Recipient's Response to Formal Complaints" section of this preamble. For additional discussion of the Department's software of these final laws to personnel, see the "Section 106.6(f) Title VII and Directed Question three (Application to Employees)" subsection of the "Clarifying Amendments to Existing Regulations" part of this preamble. Changes: The Department has revised § 106.45(b)(7)(i) of the last restrictions these kinds of that recipients have the decision of both implementing the preponderance of the proof typical or the crystal clear and convincing evidence regular, and § 106.45(b)(1)(vii) requires a receiver to make that alternative applicable to all official grievances of sexual harassment, like those in opposition to employees and college. Comments: A number of commenters expressed help for § 106.45(b)(7) for the reason that it calls for the decision-maker to give a composed dedication pertaining to accountability. Comments: Several commenters proposed alternative regulatory language for § 106.45(b)(7)(i). One commenter urged the Department to explicitly address each sexual harassment and "sexual misconduct" in the conventional of evidence provisions. Commenters instructed the deletion of the final sentence of 106.45(b)(7)(ii), "The documentation of particular bases or measures . This commenter rejected the idea that the preponderance of the proof typical is fifty per cent "plus a feather." One commenter recommended that if in a individual scenario the preponderance of the evidence typical is pleased, but not the apparent and convincing proof standard, then the Department ought to allow recipients to suspend or expel the respondent but not place a lasting notation on the respondent's transcript that would avert transfer to an additional university.

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For discussion of transcript notations, see the "Transcript Notations" subsection of the "Determinations Regarding Responsibility" subsection of the "Section 106.45 Recipient's Response to Formal Complaints" section of this preamble. For additional discussion of the Department's software of these final laws to personnel, see the "Section 106.6(f) Title VII and Directed Question three (Application to Employees)" subsection of the "Clarifying Amendments to Existing Regulations" part of this preamble. Changes: The Department has revised § 106.45(b)(7)(i) of the last restrictions these kinds of that recipients have the decision of both implementing the preponderance of the proof typical or the crystal clear and convincing evidence regular, and § 106.45(b)(1)(vii) requires a receiver to make that alternative applicable to all official grievances of sexual harassment, like those in opposition to employees and college. Comments: A number of commenters expressed help for § 106.45(b)(7) for the reason that it calls for the decision-maker to give a composed dedication pertaining to accountability. Comments: Several commenters proposed alternative regulatory language for § 106.45(b)(7)(i). One commenter urged the Department to explicitly address each sexual harassment and "sexual misconduct" in the conventional of evidence provisions. Commenters instructed the deletion of the final sentence of 106.45(b)(7)(ii), "The documentation of particular bases or measures . This commenter rejected the idea that the preponderance of the proof typical is fifty per cent "plus a feather." One commenter recommended that if in a individual scenario the preponderance of the evidence typical is pleased, but not the apparent and convincing proof standard, then the Department ought to allow recipients to suspend or expel the respondent but not place a lasting notation on the respondent's transcript that would avert transfer to an additional university.

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For discussion of transcript notations, see the "Transcript Notations" subsection of the "Determinations Regarding Responsibility" subsection of the "Section 106.45 Recipient's Response to Formal Complaints" section of this preamble. For additional discussion of the Department's software of these final laws to personnel, see the "Section 106.6(f) Title VII and Directed Question three (Application to Employees)" subsection of the "Clarifying Amendments to Existing Regulations" part of this preamble. Changes: The Department has revised § 106.45(b)(7)(i) of the last restrictions these kinds of that recipients have the decision of both implementing the preponderance of the proof typical or the crystal clear and convincing evidence regular, and § 106.45(b)(1)(vii) requires a receiver to make that alternative applicable to all official grievances of sexual harassment, like those in opposition to employees and college. Comments: A number of commenters expressed help for § 106.45(b)(7) for the reason that it calls for the decision-maker to give a composed dedication pertaining to accountability. Comments: Several commenters proposed alternative regulatory language for § 106.45(b)(7)(i). One commenter urged the Department to explicitly address each sexual harassment and "sexual misconduct" in the conventional of evidence provisions. Commenters instructed the deletion of the final sentence of 106.45(b)(7)(ii), "The documentation of particular bases or measures . This commenter rejected the idea that the preponderance of the proof typical is fifty per cent "plus a feather." One commenter recommended that if in a individual scenario the preponderance of the evidence typical is pleased, but not the apparent and convincing proof standard, then the Department ought to allow recipients to suspend or expel the respondent but not place a lasting notation on the respondent's transcript that would avert transfer to an additional university.

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Commenters talked over distinct areas of the NPRM these types of as the are living hearing necessity and the chance that recipients would have to source authorized advisors for workers and explained these provisions as considerably altering the nature of the Start Printed Page 30445relationship concerning the staff and recipient. These final restrictions Start Printed Page 30446provide a complainant with numerous options, like the assurance that the recipient need to supply supportive measures, irrespective of irrespective of whether the complainant files a formal complaint. These closing rules do not or else dramatically change the romance involving the receiver and the employee, as employers have generally experienced to handle sexual harassment in the office under either Title IX or Title VII. Thus, these remaining regulations are not imposing obligations that unduly load recipient-employers. These last regulations basically present higher clarity and consistency with respect to the recipient's obligations to react to allegations of sexual harassment less than Title IX. Discussion: An academic institution that is controlled by a spiritual group is exempt from complying with Title IX and these ultimate regulations to the extent that Title IX or its implementing rules would not be constant with the religious tenets of these types of organization under 20 U.S.C.

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