The Department has revised the proposed polices to involve a provision relating to retaliation in § 106.71(a) that requires a recipient to retain the identification of any unique who has produced a report or criticism of sexual intercourse discrimination, which include any individual who has made a report or filed a official complaint of sexual harassment, any complainant, any unique who has been noted to be the perpetrator of intercourse discrimination, any respondent, and any witness, apart from as may perhaps be permitted by the FERPA statute or rules or as needed by law or to the extent necessary to have out the uses of this section, such as the perform of any investigation, hearing, or judicial proceeding arising thereunder. The only prerequisite in § 106.45(b)(7) is that recipients use the identical regular of proof for grievances versus pupils as it does for grievances versus workers, including school. Discussion: Under these remaining rules, the Department will make it possible for recipients to adopt either a preponderance of the evidence standard or a very clear and convincing proof normal. As previously explained, the Department could deviate from the Clery Act regulations, which implement to recipients of Federal university student economical aid, in these Title IX ultimate polices, which utilize to recipients of Federal money guidance.
