Filed Under: Timeline Clarification
Where the Title IX regulations refer to specific time frames, how are “days” calculated?
The time frames referred to in the Title IX regulations (such as the 10-day time period in 34 C.F.R. § 106.45(b)(5)(vi)) may be measured by calendar days, business days, school days, or any other reasonable method that works best with the school’s administrative operations. In the Preamble to the regulations, at 30188, for example, the Department states: “The Department appreciates the commenter’s request for clarification as to how to calculate ‘days’ with respect to various time frames referenced in the proposed regulations and appreciates the opportunity to clarify that because the Department does not require a specific method for calculating ‘days,’ recipients retain the flexibility to adopt the method that works best for the recipient’s operations; for example, a recipient could use calendar days, school days, or business days, or a method the recipient already uses in other aspects of its operations.” See also Preamble at 30098 FN 464; 30306; 30311; and 30433.