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Similarly, the recipient's freedom to define and have interaction with its campus with regard
to sexual harassment and assault is also subject matter to qualification. Similarly, a recipient has discretion to select irrespective of
whether to give a copy of each individual party's composed reaction to the
other bash to make certain a fair and transparent system and
to enable the events to sufficiently get ready for any hearing that is required or offered beneath the grievance system.
The Department also presents in § 106.45(b)(4) that the place a grievance process entails a lot more than one complainant or more than just one respondent, references in § 106.45 to the singular "party," "complainant," or "respondent" will have to incorporate the
plural, as applicable. As discussed in the "Section 106.45(b)(7)(i) Single Investigator Model Prohibited" subsection of the
"Determinations Regarding Responsibility" subsection of the "Section 106.45 Recipient's Response to Formal Complaints"
segment of this preamble, the choice-maker are not able to be the identical person as the Title IX Coordinator
or the investigator and should situation a composed
willpower about duty, and 1 of the functions of that requirement is to ensure that impartial evaluation of the evidence gathered is made
prior to achieving the dedication pertaining to duty.
One commenter suggested that the Department need
to only prohibit the solitary investigator design for
much larger faculties (such as these with over 3,000 college students) or for educational facilities that
have greater quantities of Title IX grievances that end result in official
investigations (these types of as 10 or far more for
every year).