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Discussion: The Department appreciates commenters' assistance for § 106.45(a) and acknowledges that quite a few commenters have noticed through private experiences navigating campus sexual misconduct proceedings that some recipients have applied grievance strategies in a method that reveals discrimination against respondents on the foundation of intercourse.
To the extent that this sort of discriminatory techniques arise, § 106.45(a) advises recipients versus sex discriminatory practices during the grievance procedure and to steer clear of various treatment favoring or disfavoring any bash on the basis of sexual intercourse.
The § 106.45 grievance system does not prioritize respondent's rights in excess of those of complainants. Comments: Commenters like learners, professors, campus administrators, and lawyers, expressed appreciation and aid for § 106.45(a). Some commenters asserted that § 106.45(a) is a welcome addition since in modern yrs, Federal judges have expressed worries about how university treatment method of respondents (or complainants) may well operate afoul of Title IX and contradict Title IX's assure of gender equity.
For explanations talked over in the "General Support and Opposition for the § 106.45 Grievance Process" portion of this preamble, the Department disputes that the § 106.45 grievance approach is premised on rape exceptionalism. At the very least one commenter argued that the goal of § 106.45(a) appears to be justifying the entirety of the Department's approved grievance procedure (which the commenter argued is characterised by rape exceptionalism with lots of provisions developed to reward only respondents) by wrongfully characterizing procedural protections for respondents as essential to keep away from intercourse discrimination.

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