The presumption does not make inequality amongst the complainant and respondent the presumption reinforces the recipient's stress of evidence and proper software of the normal of proof, neither of which burdens or down sides the complainant.
As talked over down below, the presumption of non-duty reinforces that the stress of evidence continues to be on the receiver, not on either social gathering, and reinforces application of the standard of evidence, which under the final laws will have to be decreased than the legal typical of over and above a fair question. A presumption of non-accountability reinforces placement of the stress of evidence, good application of the regular of evidence, and good treatment of an accused person prior to adjudication of duty.

A presumption of non-responsibility want not chill or discourage reporting of ***ual harassment, since reporting underneath the ultimate rules leaves complainants autonomy above whether to seek out supportive steps or also participate in a grievance method, and for the reason that a honest process with processes rooted in ideas of owing method provides assurance that the end result of a grievance process (when a complainant or Title IX Coordinator decides to initiate a grievance procedure) is trustworthy and viewed as genuine.
The composition of the actuality-obtaining system, which include the presumption, helps prevent recipients from performing on an assumption that a particular complainant is (or is not) truthful equally, recipients may well not look to the presumption as an justification to "believe" or uncover credible, the respondent and to Start Printed Page 30264do so would violate § 106.45(b)(1)(ii).
Thus, the Department disagrees with commenters who argue that the presumption contradicts § 106.45(b)(1)(ii) which needs that recipients may possibly not make trustworthiness determinations based mostly on a party's status as a complainant or respondent.


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