Filed Under: Informal Resolution
§106.44k states: That the parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the parties from initiating or resuming grievance procedures arising from the same allegations; What happens if the parties don’t abide by the Agreement after it is completed? Does this mean that the recipient cannot initiate or re-initiate the formal grievance process on the basis that the Agreement has effectively failed to remedy? How then is it supposed to remedy the discriminatory conduct, in OCR’s view?
As explained in the preamble to the 2024 Title IX regulations, if a party breaches an informal resolution agreement or if the recipient has other compelling reasons, such as if it learns of any fraud by a party in entering into the agreement, the recipient may void the informal resolution agreement and initiate or resume grievance procedures. 89 FR 33625; see also 87 FR 41455.