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Reasons: To clarify a recipient's obligations below this conventional, proposed § 106.44(b) would specify two situation underneath which a receiver have to initiate its grievance processes, and in individuals scenarios give a protected harbor from a obtaining of deliberate indifference where the receiver does in point carry out grievance procedures dependable with the proposed § 106.45. Those two scenarios are (i) where by a formal complaint is filed, or (ii) the place the receiver has precise awareness of reports by many complainants of carry out by the exact same respondent that could constitute sexual harassment (in which circumstance the proposed rules involve the recipient's Title IX Coordinator to file a formal grievance if none has presently been filed). We also suggest incorporating paragraph (b)(2), stating that when a recipient has genuine know-how of stories by a number of complainants of carry out by the exact respondent that could represent sexual harassment, the Title IX Coordinator have to file a formal criticism if the Title IX Coordinator documents a formal criticism in reaction to this kind of allegations, and the receiver follows procedures (together with utilizing any proper remedy exactly where needed) dependable with § 106.45 in response to the official criticism, the recipient's response to the reports is not intentionally indifferent