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What had changed? Even if a school determines that a student's conduct is sexual harassment, the Guidance explicitly states that Title IX permits the use of a general student disciplinary procedure. Other commenters believe that if requests for confidentiality are not honored, students may be discouraged from reporting harassment. A few years ago, when I first heard from educators that young adolescents were coming out of the closet, I visited a middle school in Northern California where three eighth graders a gay boy named Justin and two heterosexual girls, Alison and Amelia took me on a tour of the school. As we walked past the gym, a group of boys came rushing out.

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It goes to the heart of the priesthood, into a closet that is trapping thousands of men.

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Overall, the Guidance illustrates that in addressing allegations of sexual harassment, the judgment and common sense of teachers and school administrators are important elements of a response that meets the requirements of Title IX. Priests in America tend to come out to themselves at a much later age than the national average for gay men, Create Alert. However, in order to respond to concerns that schools need assistance in making these determinations, OCR has provided additional examples in the Guidance regarding the application of the First Amendment principles discussed there.

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The Guidance informs schools that, in all cases, they should make every effort to prevent public disclosure of the names of all parties involved, except to the extent necessary to carry out a thorough investigation.

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