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| Discussion: The Department appreciates commenters' support for the § 106.30 definition of "actual knowledge" and the requirement in § 106.44(a) that recipients reply to sexual harassment when the receiver has true awareness. The Department appreciates the commenters' request that the Department deliver for alternatives to a § 106.45 grievance process which includes, for example, adjudication in a State administrative legislation placing. The Department declines to include a acceptable cause threshold into § 106.45. The quite intent of the § 106.45 grievance procedure is to assure that precise determinations relating to responsibility are arrived at, impartially and centered on goal analysis of suitable evidence the Department thinks that aim could be impeded if a recipient's administrators had been to pass judgment on the sufficiency of evidence to come to a decision if acceptable or possible induce justifies finishing an investigation. If a receiver obtains law enforcement investigation files as element of its investigation of a official grievance beneath § 106.45(b)(5) and some of the evidence in the law enforcement investigation data files is right connected to the allegations lifted in a formal complaint as explained in § 106.45(b)(5)(vi), then the receiver will have to provide that evidence to the events for their inspection and overview. |
