34 C.F.R. § 106.71

Retaliation

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A recipient must prohibit retaliation, including peer retaliation, in its education program or activity. When a recipient has information about conduct that reasonably may constitute retaliation under Title IX or this part, the recipient is obligated to comply with § 106.44. Upon receiving a complaint alleging retaliation, a recipient must initiate its grievance procedures under § 106.45, or, as appropriate, an informal resolution process under § 106.44(k). As set out in § 106.45(e), if the complaint is consolidated with a complaint of sex-based harassment involving a student complainant or student respondent at a postsecondary institution, the grievance procedures initiated by the consolidated complaint must comply with the requirements of both §§ 106.45 and 106.46.

[89 FR 33896, Apr. 29, 2024]

Notes of Decisions

Cited in 34 cases (13 in the last 5 years), 1982–2025 · leading case: North Haven Bd. of Educ. v. Bell, 456 U.S. 512 (1982).

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North Haven Bd. of Educ. v. Bell, 456 U.S. 512 (1982). · cites it 2× “See §§ 902, 903; 34 CFR §§ 106.71 , 100.6-100.11, pt. 101 (1980).”

Doe v. Massachusetts Inst. of Tech., 46 F.4th 61 (1st Cir. 2022). · cites it 2× “§ 1232g(b)(1); 34 C.F.R. § 106.71 . This argument misses the mark.”

Ruth Ann Bougher v. Univ. of Pittsburgh, Wesley W. Posvar & Trevor Melia, in Their Off. & Individual Capacities, Mary-Ann Bishop Coffey, 882 F.2d 74 (3rd Cir. 1989). · cites it 2× “34 C.F.R. § 106.71 (1988). 4 Title VI regulations, in turn, provide that “[a] complaint must be filed not later than 180 days from the date of the alleged discrimination.”

Donovan v. Poway Unified Sch. Dist., 167 Cal. App. 4th 567 (Cal. Ct. App. 2008). “13; 34 C.F.R. § 106.71 (2008), which refers to 34 C.”

Bd. of Educ. v. United States Dep't of Educ., 208 F. Supp. 3d 850 (S.D. Ohio 2016). “34 C.F.R. § 106.71 (incorporating, among other provisions, 34 C.”

Bowers v. Baylor Univ., 862 F. Supp. 142 (W.D. Tex. 1994). · cites it 2× “The plaintiff notes that this provision, along with the other Title VI procedural guarantees, are incorporated by reference into Title IX by 34 C.F.R. § 106.71 . Even assuming that 34 C.”

Wilkerson v. Univ. of North Texas ex rel. Bd. of Regents, 223 F. Supp. 3d 592 (E.D. Tex. 2016). “34 C.F.R. § 106.71 . Therefore, this provision is applicable to Plaintiff’s Title IX claim.”

Jackson v. Birmingham Bd. of Educ., 309 F.3d 1333 (11th Cir. 2002). “7 (e) was originally promulgated by the Department of Justice to enforce Title VI of the Civil Rights Act of 1964 ("Title VI”), 78 Stat.”

Johnson v. Galen Health Institutes, Inc., 267 F. Supp. 2d 679 (W.D. Ky. 2003). “252 , as amended, 42 U.S.C. § 2000d et seq. The Department of Education has incorporated by reference § 100.”

Jane Doe v. Univ. of Ky., 111 F.4th 705 (6th Cir. 2024). ““No recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by [T]itle IX or this part, or because the individual has made a report or complaint, testified, assisted, or…”

Bougher v. Univ. of Pittsburgh, 713 F. Supp. 139 (W.D. Pa. 1989). “34 C.F.R. § 106.71 . Title IX prevents gender discrimination in a federal program’s distribution of benefits.”

Holt v. Lewis, 955 F. Supp. 1385 (N.D. Ala. 1995). · cites it 2× “The Fourth Circuit reached its matter-of-fact conclusion that such a retaliation claims exists after finding its authorization in the Department of Education (“the DOE”) regulations found at 34 C.F.R. § 106.71 (1995). 2 Id. at n. 2 .”

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— 34 C.F.R. § 106.71(a) — 1 case

Campbell v. Coppell Indep. Sch. Dist. (N.D. Tex. 2024).

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