[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84313-84314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26638]


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DEPARTMENT OF EDUCATION

[Docket No.: ED-2023-SCC-0179]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Comment 
Request; Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance

AGENCY: Office of Civil Rights (OCR), Department of Education (ED).

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act (PRA) of 1995, 
the Department is proposing an extension without change of a currently 
approved information collection request (ICR).

DATES: Interested persons are invited to submit comments on or before 
January 4, 2024.

ADDRESSES: Written comments and recommendations for proposed 
information collection requests should be submitted within 30 days of 
publication of this notice. Click on this link www.reginfo.gov/public/do/PRAMain to access the site. Find this information collection request 
(ICR) by selecting ``Department of Education'' under ``Currently Under 
Review,'' then check the ``Only Show ICR for Public Comment'' checkbox. 
Reginfo.gov provides two links to view documents related to this 
information collection request. Information collection forms and 
instructions may be found by clicking on the ``View Information 
Collection (IC) List'' link. Supporting statements and other supporting 
documentation may be found by clicking on the ``View Supporting 
Statement and Other Documents'' link.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
collection activities, please contact Alejandro Reyes, 202-219-2035.

SUPPLEMENTARY INFORMATION: The Department is especially interested in 
public comment addressing the following issues: (1) is this collection 
necessary to the proper functions of the Department; (2) will this 
information be processed and used in a timely manner; (3) is the 
estimate of burden accurate; (4) how might the Department enhance the 
quality, utility, and clarity of the information to be collected; and 
(5) how might the Department minimize the burden of this collection on 
the respondents, including through the use of information technology. 
Please note that written comments received in response to this notice 
will be considered public records.
    Title of Collection: Nondiscrimination on the Basis of Sex in 
Education Programs or Activities Receiving Federal Financial 
Assistance.
    OMB Control Number: 1870-0505.
    Type of Review: An extension without change of a currently approved 
ICR.
    Respondents/Affected Public: Private sector; State, local, and 
Tribal governments.
    Total Estimated Number of Annual Responses: 119,860.
    Total Estimated Number of Annual Burden Hours: 1,892,188.
    Abstract: This is an extension of an existing collection under OMB 
Control No. 1870-0505. This collection was originally submitted by the 
U.S. Department of Education (the Department) in December 2018 in 
connection with a Notice of Proposed Rulemaking for the 
Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance to propose amendments 
to the Department's implementing regulations for title IX of the 
Education Amendments of 1972. (ICR Reference No. 201811-1870-001). The 
Department finalized its rulemaking in May 2020 and the ICR was 
approved by OMB on December 8, 2020 (ICR Reference No. 202005-1870-
001). The ICR is scheduled to expire on December 31, 2023. The 
regulations that require the collection of information are set forth 
below.
    Section 106.45(b)(2) Notice of Allegations requires all recipients, 
upon receipt of a formal complaint, to provide written notice to the 
complainant and the respondent, informing the parties of the 
recipient's grievance process and providing sufficient details of the 
sexual harassment allegations being investigated. This written notice 
will help ensure that the nature and scope of the investigation, and 
the recipient's procedures, are clearly understood by the parties at 
the commencement of an investigation.
    Section 106.45(b)(9) Informal resolution requires that recipients 
who wish to provide parties with the option of informal resolution of 
formal complaints, may offer this option to the parties but may only 
proceed by: first, providing the parties with written notice disclosing 
the sexual harassment allegations, the requirements of an informal 
resolution process, any consequences from participating in the informal 
resolution process; and second, obtaining the parties' voluntary, 
written consent to the informal resolution process. This provision 
permits--but does not require--recipients to allow for voluntary 
participation in an informal resolution as a method of resolving the 
allegations raised in formal complaints without completing the 
investigation and adjudication. Additionally, recipients may not offer 
or facilitate an informal resolution process to resolve allegations 
that an employee sexually harassed a student.
    Section 106.45(b)(10) requires recipients to maintain certain 
documentation regarding their title IX activities. Recipients would be 
required to maintain for a period of seven years records of: sexual 
harassment investigations, including any determination regarding 
responsibility and any audio or audiovisual recording or transcript 
required under Sec.  106.45(b)(6)(i), any disciplinary sanctions 
imposed on the respondent, and any remedies provided to the complainant 
designed to restore or preserve equal access to the recipient's 
education program or activity; any appeal and the result therefrom; any 
informal resolution; and all materials used to train Title IX 
Coordinators, investigators, decision-makers, and any person who 
facilitates an informal resolution process. Additionally, for each 
response required under Sec.  106.44(a), a recipient must create, and 
maintain for a period of seven years, records of any actions, including 
any supportive measures, taken in response to a report or formal 
complaint of sexual harassment.


[[Page 84314]]


    Dated: November 30, 2023.
Stephanie Valentine,
PRA Coordinator, Strategic Collections and Clearance, Governance and 
Strategy Division, Office of Chief Data Officer, Office of Planning, 
Evaluation and Policy Development.
[FR Doc. 2023-26638 Filed 12-4-23; 8:45 am]
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