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We are persuaded by commenters' assertions that offering supportive steps to a complainant does not often fulfill a recipient's obligation to react in a non-deliberately indifferent fashion to recognised sexual harassment. Another commenter expressed problem that a deferential procedural evaluation by OCR may possibly incentivize educational facilities to come across in favor of respondents so as to steer clear of OCR scrutiny commenters argued that this would be perceived as biased in opposition to complainants, may perhaps chill reporting of sexual harassment at the university level, and would discourage complainants from submitting OCR complaints alleging procedural problems that led to erroneous findings of non-duty.
Other commenters contended that this provision would unjustifiably decrease the Department's oversight except a school's steps are obviously unreasonable.

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