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At least just one commenter asserted that if pupils are not able to get distinct recourse from the Department than they can in Federal courts, then learners will find civil litigation to be a much better avenue which will lead to highly-priced redirection of university assets towards defending Title IX litigation, a result exacerbated by the point that the final regulations expressly prohibit awards of funds damages in Department enforcement actions even though cash damages are out there in non-public lawsuits. While one of the three prongs of the § 106.30 sexual harassment definition is adopted from Davis, the other two prongs vary from the Davis standard furthermore, the other elements of the Gebser/Davis framework adopted by the Department in the remaining polices adapt that framework in a way that broadens the scope of a complainant's legal rights vis-à-vis a receiver (for case in point, the real awareness situation in the final rules is outlined broadly to contain recognize to any Title IX Coordinator and any elementary or secondary school employee, in addition to officials with authority to acquire corrective motion the deliberate indifference normal expressly requires a recipient to give supportive measures to a complainant and for a Title IX Coordinator to talk about supportive measures with a complainant, with or with no the submitting of a official grievance and to describe to a complainant the process for filing a official complaint).