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On November 29, 2018, the Secretary issued a notice of proposed rulemaking to clarify and modify the obligations of recipients of Federal financial assistance in redressing sex discrimination, including complaints of sexual misconduct, and the procedures by which they must do so.

Statement of Need:

Based on its extensive review of the critical issues addressed in this rulemaking, the Department has determined that current regulations and subregulatory guidance do not provide a sufficiently clear definition of what conduct constitutes sexual harassment or sufficiently clear standards for how recipients must respond to incidents of sexual harassment. To address this concern, we are regulating to address sexual harassment under Title IX for the central purpose of ensuring that Federal financial recipients understand their legal obligations under Title IX.

Summary of the Legal Basis:

We issued a notice of proposed rulemaking, and we will subsequently issue final regulations, to implement Title IX. 

Alternatives:

This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed in the final regulations.

Anticipated Costs and Benefits:

This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed in the final regulations.

Risks:

This was discussed in the notice of proposed rulemaking (NPRM) and will be discussed final regulations.