Changes: We have revised the § 106.30 definition of sexual harassment by specifying that the factors in the Davis definition of sexual harassment (severe, pervasive, objectively offensive, and denial of equal access) are determined beneath a acceptable person standard. Changes: The ultimate laws revise § 106.45(b)(3)(i) to clearly point out that dismissal for Title IX applications does not preclude motion under yet another provision of the recipient's code of carry out. The remaining polices revise the second prong of the § 106.30 definition to point out that the Davis things will have to be determined beneath a affordable particular person common. The Department appreciates a commenter's recommendation to revise the next prong of the § 106.30 definition by stating that severe, pervasive, objectively offensive carry out counts when it "causes a individual to be excluded from participation in, be denied the positive aspects of, or be subjected to discrimination less than any instruction method or activity" alternatively of "effectively denies a Start Printed Page 30157 particular person equivalent entry to the recipient's education and learning application or activity" to a lot more closely mirror the language in the Title IX statute. The Department appreciates the possibility to clarify that the stress of describing or proving elements of the § 106.30 definition does not fall on complainants there is no magic language necessary to "present" a report or formal complaint in a specific way to bring about a recipient's response obligations.
