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Zadzwoń do nas: 789 308 236
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The presumption does not create inequality involving the
complainant and respondent the presumption reinforces the recipient's stress of evidence and appropriate application of the standard of proof, neither of which burdens or
cons the complainant. As discussed below, the presumption of non-responsibility reinforces that the burden of evidence continues to be on the recipient,
not on both get together, and reinforces software of the conventional
of evidence, which underneath the remaining laws ought to be
decrease than the legal standard of further
than a affordable question. A presumption of non-responsibility reinforces placement of
the burden of evidence, correct application of the common of proof, and honest remedy of an accused individual prior
to adjudication of duty. A presumption of non-responsibility require not chill or deter reporting of
sexual harassment, due to the fact reporting beneath the remaining
rules leaves complainants autonomy about no matter whether to seek out supportive steps
or also participate in a grievance procedure, and due to the fact a reasonable course of
action with strategies rooted in principles of due approach presents assurance that the
final result of a grievance approach (when a complainant
or Title IX Coordinator decides to initiate a grievance course of action)
is trusted and seen as legitimate. The construction of the truth-discovering system, which include the presumption, helps prevent
recipients from performing on an assumption that a unique
complainant is (or is not) truthful likewise, recipients may not look to
the presumption as an justification to "believe" or come across
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 demands that recipients might not make
believability determinations centered on a party's standing as a complainant or respondent.
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