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| | The Department thinks that it is appealing, to the extent possible, to attain regularity in software of Title IX legal rights across all recipients, for the reason that all pupils collaborating in training programs or things to do regardless of age are entitled to the protections of Title IX's non-discrimination mandate.
In reaction to commenters' issues that the NPRM was unclear about the extent of recipients' discretion to adopt regulations and procedures to govern the carry out of hearings (and other facets of a grievance approach) the Department has additional to the introductory sentence of § 106.45(b): "Any provisions, procedures, or techniques other than those required by § 106.45 that a recipient adopts as aspect of its grievance approach for managing formal grievances of sexual harassment as described in § 106.30, should utilize equally to both events." Under this provision a receiver could, for instance, undertake principles that instruct celebration advisors to conduct questioning in a respectful, non-abusive method, make a decision whether the parties may perhaps supply opening or closing statements, specify a method for earning objections to the relevance of concerns and proof, spot acceptable time limits on a listening to, and so forth.
This is since the receiver is accountable for reaching an exact determination regarding duty while remaining neutral, nevertheless a party's skill to count on guidance from an advisor should really not be constrained by imposing training requirements on advisors, who by definition need not be neutral due to the fact their functionality is to aid one particular unique bash.
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