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| Alternatively in this kind of a circumstance (where by the complainant, like the respondent, simply cannot withdraw from that class and take it later without delaying progress towards graduation), the college could supply the complainant as a supportive measure, for instance, a 1-way no contact order that prohibits the respondent from communicating with the complainant and assigns the respondent to sit across the classroom from the complainant. To get an exaggerated case in point for emphasis, what is the stage of developing conversation capabilities in a person who does not believe other folks are well worth communicating with? Many of these commenters argued that due approach is significant, still due system legal rights were being normally vital in former Department direction and unquestionably are finest apply. The Department appreciates that customers of the community expressed assistance for the 2011 Dear Colleague Letter in 2017 nevertheless, the need for rules to change mere steerage on a matter as really serious as sexual harassment weighed in favor of endeavor the rulemaking approach to establish these final restrictions. However, the Department disagrees with commenters' assertions that the only deficiency with Department steerage (which includes withdrawn steerage these as the 2011 Dear Colleague Letter and latest guidance such as the 2001 Guidance) was inconsistent implementation. The Department thinks that issuing polices alternatively than steering provides clarity, permanence, and accountability to Title IX enforcement. |
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