The College or any other person may not intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this part, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. ¹³⁶ Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation.¹³⁷ Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination.¹³⁸ The exercise of rights protected under the First Amendment does not constitute retaliation. ¹³⁹ Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this part does not constitute retaliation. ¹⁴⁰ However, a determination regarding responsibility alone will not be sufficient to conclude that any party made a materially false statement in bad faith. ¹⁴¹

^{136 34 CFR §106.71(a)
137 34 CFR §106.71(a)
138 34 CFR §106.71(a)
139 34 CFR §106.71(b)(1)
140 34 CFR §106.71(b)(2)
141 34 CFR §106.71(b)(2)}