The U.S. Department of Education's
Final Rule for the “Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial
Assistance” makes changes to the NPRM and these changes have
adjusted the proposed burden for affected entities complying with
the final regulations. The final regulations remove Section
106.44(b)(3) as proposed in the NPRM, which provided recipients a
safe harbor with respect to supportive measures. Section
106.45(b)(2) Notice of Allegations requires all recipients, upon
receipt of a formal complaint, to provide written notice to the
complainant and the respondent, informing the parties of the
recipient’s grievance process and providing sufficient details of
the sexual harassment allegations being investigated. Section
106.45(b)(9) Informal resolution requires that recipients who wish
to provide parties with the option of informal resolution of formal
complaints, may offer this option to the parties with certain
provisions as well as voluntary participation in an informal
resolution as a method of resolving the allegations raised in
formal complaints without completing the investigation and
adjudication. Additionally, recipients may not offer or facilitate
an informal resolution process to resolve allegations that an
employee sexually harassed a student. Section 106.45(b)(10)
requires recipients to maintain certain documentation regarding
their Title IX activities. Recipients would be required to maintain
certain records for a period of seven years.
US Code:
20
USC 1681 Name of Law: Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financia
This is a new request;
therefore, all burden is new. This results in an increase in burden
and responses which is estimated as a total of 1,892,188 hours and
$74,794,358 costs for 119,860 responses.
No
No
No
No
No
No
No
David Tryon 202
453-7024
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.