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Discussion: The Department appreciates commenters' guidance for the § 106.30 definition of "actual knowledge" and the necessity in § 106.44(a) that recipients answer to sexual harassment when the receiver has real know-how. The Department appreciates the commenters' request that the Department deliver for alternatives to a § 106.45 grievance process together with, for illustration, adjudication in a State administrative regulation environment. The Department declines to add a fair bring about threshold into § 106.45. The quite objective of the § 106.45 grievance approach is to be certain that correct determinations with regards to accountability are attained, impartially and based on objective analysis of related evidence the Department thinks that objective could be impeded if a recipient's directors were being to move judgment on the sufficiency of evidence to decide if fair or probable bring about justifies completing an investigation. If a receiver obtains law enforcement investigation data files as portion of its investigation of a formal grievance less than § 106.45(b)(5) and some of the proof in the police investigation documents is directly associated to the allegations raised in a formal grievance as explained in § 106.45(b)(5)(vi), then the receiver should supply that proof to the parties for their inspection and evaluate.
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