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475130 comments
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The Department thinks that this provision, in conjunction with the other
provisions in § 106.45, balances the have to have for moderately
prompt resolution of Title IX grievance procedures with the will need
to ensure that these grievance processes are thorough and honest.
The Department disagrees that § 106.45(b)(5)(vi)-(vii) are a barrier to helpful investigations and
scenario resolutions, and thinks that to the opposite,
these provisions operate to ensure productive investigations and resolutions by permitting the events comprehensive obtain to the evidence collected, and
to the investigative report that summarizes pertinent
evidence, so the events could make corrections, deliver correct context, and put together
their responses and defenses before a determination-maker reaches a perseverance concerning
obligation. The Department intends for these closing laws to assure complainants that complainants could report sexual harassment
and get supportive measures whether or not or not the complainant
also participates in a grievance system, and to assure complainants and respondents
that a grievance approach will be truthful, consistent with constitutional because
of process, and give each parties meaningful chance to advance the
party's have pursuits pertaining to the scenario outcome, in an investigation and adjudication overseen by
neutral, unbiased Title IX staff who do
not prejudge the info at problem and objectively evaluate inculpatory and exculpatory evidence prior to reaching determinations about
obligation. -
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