Filed Under: Appeals
The regs state: (3) A recipient must notify the complainant that a dismissal may be appealed and provide the complainant with an opportunity to appeal the dismissal of a complaint on the bases set out in § 106.46(i)(1). Does this provision mean that only the bases set out in § 106.46(i)(1) may be considered, or may a recipient add additional bases if it chooses to?
As noted in the preamble to the 2024 Title IX regulations, § 106.45 establishes a baseline for a recipient to respond to sex discrimination complaints. See, e.g., 89 FR 33648. Accordingly, § 106.45(d)(3) requires a recipient to provide the complainant, and if applicable the respondent, an opportunity to appeal the dismissal of a complaint on the bases set out in § 106.46(i)(1). At the same time, under § 106.45(j), a recipient may adopt additional provisions as part of its grievance procedures for handling complaints of sex discrimination, such as additional bases for appeal, so long as such additional provisions apply equally to the parties.