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Whether an action "unreasonably burdens" a
respondent is truth-particular, but must be evaluated in light-weight of the nature and
objective of the gains, prospects, courses and things to do, of
the recipient in which the respondent is participating, and the extent to which an motion taken as a supportive measure
would consequence in the respondent forgoing benefits, options, systems, or activities in which the respondent has been collaborating.
We enjoy the opportunity to explain that, wherever
the standards for emergency removal are achieved under § 106.44(c), the receiver has discretion irrespective of whether to take out
the respondent from all the recipient's schooling courses and pursuits, or to slim the removing to particular classes, teams, clubs, corporations, or functions.
By contrast, eradicating a respondent from the entirety of
the recipient's education and learning programs and things to do,
or eliminating a respondent from one particular or more of the recipient's education packages or
routines (these kinds of as removing from a team, club, or extracurricular activity),
likely would constitute an unreasonable load on the respondent or be considered disciplinary or punitive,
and therefore would not very likely qualify as a
supportive measure. We do not believe that the remaining restrictions incentivize
complainants to file formal complaints when they normally do not would like
to do so just to steer clear of calling or communicating
with a respondent, because supportive steps permit a vary of steps that are non-punitive,
non-disciplinary, and do not unreasonably stress a
respondent, these kinds of that a recipient often may perhaps put into action supportive steps
that do fulfill a complainant's need to avoid contact
with the respondent.
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