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Mandated Reporter Self Reporting

Filed Under: Mandated Reporter
Question:

Can Program Legal provide clarification reconciling what a respondent has to report about themselves if they are a Mandated Reporter?

Answer:

Section 106.44(c) sets out the notification requirements for employees under the 2024 Title IX regulations. The notification requirements in § 106.44(c) apply to all employees, including an employee who is also a respondent. In the preamble to the 2024 Title IX regulations the Department explained that a recipient is not relieved of its Title IX obligations simply because the respondent is the only employee with knowledge of possible sex discrimination, but acknowledged that a recipient may be practically unable to respond until after a complaint is made or the conduct otherwise becomes known to a second non-confidential employee. 89 FR 33563.

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