Question on Appeals (Response 10/29/20)

Filed Under: Appeals
Question:

If an appeal is offered to a respondent for sanctions do we have to offer that same right to the Complainant?

Answer:

Thank you for your question regarding Title IX. All references and citations are to the unofficial version of the final regulations, which are available here.  A link to the official version of the Rule published in the Federal Register is here.

The Rule grants complainants and respondents equal rights to appeal, and to participate in any appeal that is filed, pursuant to 34 C.F.R. § 106.45(b)(8). The limitation contained in the proposed rulemaking that complainants could not appeal sanction decisions was removed from the final regulations.

Recipients have the discretion to permit both parties to appeal sanctions, provided that such an appeal is offered equally to both parties. See 34 C.F.R. § 106.45(b)(8).

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