The Department is acting inside the scope of its congressionally delegated authority in promulgating these remaining rules below Title IX to tackle sexual harassment as a type of intercourse discrimination. The Department, like the Supreme Court, does not wish to increase the definition of sexual harassment in Title VII to Title IX due to the fact this kind of an extension would broaden the scope of prohibited speech and expression and may well continue on to bring about recipients to infringe upon the First Amendment freedoms of pupils and employees. The Department also administers Title VI and acknowledges that a receiver has discretion to ascertain regardless of whether the non-sex discrimination situation these as race discrimination should go by way of a procedure like the course of action explained in § 106.45. If allegations of sexual harassment arise out of the exact same specifics and circumstances as allegations of race discrimination less than Title VI, the recipient has the discretion to use the procedure described in § 106.45 to handle intercourse and race discrimination or choose a distinctive system that complies with the Department's laws utilizing Title VI to handle the allegations of race discrimination. Sex discrimination and the dealing with of sex discrimination claims differ in some significant means from other styles of discrimination, this sort of as discrimination on the foundation of race.
