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The Department thinks that Start Printed Page 30246 § 106.45(b)(1)(ix), demanding recipients
to explain the selection of supportive measures offered to complainants and respondents, is adequate to serve the Department's desire in guaranteeing
that functions are informed of the availability of supportive measures.
For case in point, particular person commenters proposed that the Department: Replace "objective" with "impartial' for consistency with VAWA incorporate language emphasizing that the recipient's dedication need to be impartial considering the fact that receiver bias has been a sizeable dilemma in Title IX investigations increase that objective analysis be "based on principles of evidence underneath relevant State law" insert that educational institutions shall resolve doubts "in favor of
contemplating proof to be pertinent and exculpatory" to handle the risk that recipients will narrowly construe what constitutes exculpatory proof and incorporate that unsubstantiated Start Printed Page 30247 theories of trauma can't be relied on to conclude that a specific complainant endured from trauma or be employed to reveal away a complainant's inconsistencies. Some commenters questioned no matter if the proposed rules would let respondents to introduce lie detector exam benefits and effect statements. Commenters requested how recipients need to make reliability determinations, and irrespective of whether it would be permissible to admit character and reputation proof, together with earlier sexual background or testimony centered on rumour.

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