Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

ICR 202306-1870-001

OMB: 1870-0505

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2023-11-29
ICR Details
1870-0505 202306-1870-001
Received in OIRA 202005-1870-001
ED/OCR ED-2023-SCC-0179
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
Extension without change of a currently approved collection   No
Regular 12/05/2023
  Requested Previously Approved
36 Months From Approved 12/31/2023
119,860 119,860
1,892,188 1,892,188
0 0

This is an extension of an existing collection under OMB Control No. 1870-0505. This collection was originally submitted by the U.S. Department of Education (the Department) in December 2018 in connection with a Notice of Proposed Rulemaking for the Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance to propose amendments to the Department’s implementing regulations for Title IX of the Education Amendments of 1972. (ICR Reference No. 201811-1870-001). The Department finalized its rulemaking in May 2020 and the ICR was approved by OMB on December 8, 2020 (ICR Reference No. 202005-1870-001). The ICR is scheduled to expire on December 31, 2023. The regulations that require the collection of information are set forth below. 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. This written notice will help ensure that the nature and scope of the investigation, and the recipient’s procedures, are clearly understood by the parties at the commencement of an investigation. 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 but may only proceed by: first, providing the parties with written notice disclosing the sexual harassment allegations, the requirements of an informal resolution process, any consequences from participating in the informal resolution process; and second, obtaining the parties’ voluntary, written consent to the informal resolution process. This provision permits—but does not require—recipients to allow for 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 for a period of seven years records of: sexual harassment investigations, including any determination regarding responsibility and any audio or audiovisual recording or transcript required under § 106.45(b)(6)(i), any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the recipient’s education program or activity; any appeal and the result therefrom; any informal resolution; and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. Additionally, for each response required under § 106.44(a), a recipient must create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.

US Code: 20 USC 1682 Name of Law: Federal Administrative Enforcement
   US Code: 20 USC 1221e-3 Name of Law: General Authority of Secretary
   US Code: 20 USC 3474 Name of Law: Rules and Regulations
  
None

Not associated with rulemaking

  88 FR 67266 09/29/2023
88 FR 84313 12/05/2023
No

2
IC Title Form No. Form Name
Language for Recordkeeping Requirement (LEAs)
Language for Regulations for Title IX (IHEs and Others)

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 119,860 119,860 0 0 0 0
Annual Time Burden (Hours) 1,892,188 1,892,188 0 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
Yes
Miscellaneous Actions
This is an extension of a previously approved information collection request. No program changes or adjustments are included here.

$0
No
    No
    No
No
No
No
No
Alejandro Reyes 202 245-7705 : t9nprm@ed.gov

  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.
12/05/2023


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