“ Commenters asserted that for elementary and secondary school students, these data are essential when students transfer
concerning schools or school districts, and that a funding receiver need to know when a new scholar at their faculty has been sexually assaulted
or harassed in the earlier in order to provide acceptable
providers. Other commenters expressed concern that even underneath the 2001 Guidance expectations, educational institutions unsuccessful to adopt policies
that would develop responses to sexual harassment developed to reduce event and remedy outcomes.
A number of commenters argued that the 2001 Guidance was adequate and protected
survivors. Commenters disapproved of the use of the increased bar erected by the U.S.
A selection of commenters opposed the use of the Gebser/Davis
criteria. In reaction to commenters' issues that
the liability normal of deliberate indifference provides recipients as well considerably leeway to respond to the sexual
harassment ineffectively, the Department has specified specified
techniques a receiver have to take in all instances.
Other commenters suggested that the legal responsibility regular
must be higher than what was set by the Supreme Court, and that recipients should be on clear observe of what carry out is prohibited and that recipients should
be held liable only for conduct above which they have control. ”