Indeed, the Department retains the mandate in § 106.45(b)(1) and revises this mandate for clarity to condition: "In response to a formal criticism, a recipient have to abide by a grievance method that complies with § 106.45." The Department also acknowledges, as a lot of commenters stated, that a complainant might not desire to initiate or participate in a grievance procedure for a wide range of factors, such as dread of re-traumatization, and the Department affirms the autonomy of complainants by earning it obvious that a recipient ought to look into and adjudicate when a complainant has filed a formal grievance. At the exact same time, the closing rules be certain that complainants will have to be supplied supportive actions with or with out filing a official grievance, consequently respecting the autonomy of complainants who do not wish to initiate or participate in a grievance procedure by making certain that these kinds of complainants acquire a supportive response from the recipient regardless of also choosing to file a official grievance. The Department revised § 106.45(b)(1) to incorporate a mandate that with or devoid of a official criticism, a receiver will have to comply with § 106.44(a), emphasizing that recipients ought to supply supportive actions to a complainant irrespective of irrespective of whether a complainant chooses to file a formal grievance, and recipients have to look into any formal criticism that a criticism does decide on to file.
