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The Department disagrees that these closing rules require
a recipient to present entirely irrelevant evidence for the reason that § 106.45(b)(5)(vi) expressly states that the recipient must give "any evidence obtained as element of the investigation that is specifically related to the allegations raised in a official grievance." The only
evidence that a receiver ought to be furnishing is proof that is specifically related to the allegations elevated in a formal criticism.
The Department disagrees that attorneys should conduct this assessment as lay
individuals also may ascertain what proof is specifically
similar to the allegations lifted in a official complaint.
Some commenters argued that a college having to overview
so significantly proof prior to manufacturing will boost the price of attorneys
and advisors who need to have to be paid to overview all proof, turning the Title
IX process into an expensive a person. Some commenters stated that
the purely natural result of this system is that pupils and staff members in Title IX proceedings will
try to seek the services of attorneys to redact their
very own proof prior to supplying it to educational institutions.
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