Discussion: The Department disagrees that the presumption of non-obligation raises the adversarial nature of Title IX proceedings Title IX proceedings are often inherently adversarial, because of to the have to have to resolve contested factual allegations. Comments: Commenters asserted that universities by now deal with both of those events equitably and the presumption in § 106.45(b)(1)(iv) escalates the adversarial mother nature of Title IX proceedings commenters argued this will elevate the economical and psychological toll the grievance process will have on both equally complainants and respondents. Because the regular of proof is decreased in the Title IX grievance course of action (recipients should select and apply either the preponderance of the proof regular or the crystal clear and convincing proof regular) than in a felony proceeding (past a reasonable question), the presumption in § 106.45(b)(1)(iv) does not convert the typical of evidence to the legal normal (outside of a sensible question). Commenters argued that, for the reason that the grievance course of action is not a criminal proceeding, there really should be no presumption in favor of possibly bash. The remaining laws ensure that neither get together bears the stress of proof (which stays on the receiver) however give both equally parties equal procedural legal rights throughout the grievance method. A critical function of a good grievance procedure is that Title IX staff refrain from drawing conclusions or building assumptions about possibly party's credibility or truthfulness until eventually conclusion of the grievance procedure as a result, the Department declines to impose a presumption that both get together (or equally parties) are credible or truthful.
