Stakeholders have confirmed for the Department that a really massive majority of elementary colleges and secondary faculties use the beginning Printed Page 41486 preponderance of the proof standard for evaluating evidence as well. Proposed rules: The Department proposes reorganizing the requirements from the present regulatory provision at § 106.45(b)(7) into §§ 106.45(b)(2), 106.45(h) and 106.46(h), with strengthened protections for the events and extra modifications in order that this provision is per other revisions proposed all through the rules. Along with the basic necessities, proposed § 106.Forty five would also embody the following provisions: discover of allegations (proposed § 106.45(c)); dismissal of a complaint (proposed § 106.45(d)); consolidation of complaints (proposed § 106.45(e)); complaint investigation (proposed § 106.45(f)); evaluating allegations and assessing credibility (proposed § 106.45(g)); and determination of whether sex discrimination occurred (proposed § 106.45(h)). Proposed § 106.45(i) would additionally permit a recipient to adopt extra provisions, so long as they apply equally to the parties, and proposed § 106.45(j) would permit a recipient to resolve a complaint by means of its informal resolution process.
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