10 Day Period for Review of Evidence (Response 5/22/2020)

10 Day Period
Question:

Is the 10-day period for review of evidence by the parties under Title IX a ten-calendar day or business day provision?

Answer:

The time frames referred to in the Rule (such as the 10-day time period in § 106.45(b)(5)(vi)) may be measured by calendar days, business days, school days, or any other reasonable method that works best with the school’s administrative operations. In the preamble to the Rule, at page 591, for example, the Department states: “The Department appreciates the commenter’s request for clarification as to how to calculate ‘days’ with respect to various time frames referenced in the proposed regulations and appreciates the opportunity to clarify that because the Department does not require a specific method for calculating ‘days,’ recipients retain the flexibility to adopt the method that works best for the recipient’s operations; for example, a recipient could use calendar days, school days, or business days, or a method the recipient already uses in other aspects of its operations.” See also pp. 268 FN 464, p. 1024, p. 1043, p. 1486.