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The Department notes that recipients might come across handy advice in State law felony court docket selections that frequently identify the basic principle that, with respect to juveniles, a sexualized objective should not be ascribed to a respondent without having examining the instances of the incident (this sort of as the age and maturity of the parties). One commenter proposed an alternate definition of sexual assault that would define sexual assault by reference to crimes less than each and every State law as categorized below the FBI Uniform Crime Start Printed Page 30174 Reporting Program's ("FBI UCR") National Incident-Based Reporting System (NIBRS). Another commenter asserted that the reference in § 106.30 to 34 CFR 668.46(a) for a definition of sexual assault fails to give significant direction on what conduct recipients ought to incorporate underneath Title IX, for the reason that the Clery Act regulation depends on the FBI UCR, which is a reporting process developed to mixture crime information across the Nation, not intended to deliver direction about what conduct is suitable or unacceptable for enforcement reasons. This commenter further asserted that the commenter's choice definition would not use the definition of rape in the FBI UCR's Summary Reporting System (SRS), due to the fact the FBI has declared that it is retiring the SRS on January 1, 2021 and will gather criminal offense data only by NIBRS thereafter.
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