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MeToo setting girls are immediately believed and adult males are assumed responsible this commenter argued that sexual misconduct cases usually boil down to believability and these types of allegations are just about difficult to disprove. In recognition that sexual misconduct circumstances entail superior stakes and possibly daily life-altering implications for the two functions, and this sort of instances often entail competing, plausible narratives about the truth of the matter of allegations, the Department authorizes recipients, in § 106.45(b)(1)(vii) of the last polices, to find either the preponderance of the evidence normal or the crystal clear and convincing proof normal to arrive at determinations pertaining to obligation. This commenter asserted that the Department should not usurp the authority of university boards or micromanage recipients. Some commenters asserted that the Department lacks authority beneath Title IX to impose necessities on non-Title IX linked disciplinary proceedings. In response to commenters' requests for a regulation that expressly addresses irrespective of whether these ultimate regulations relating to sexual harassment preempt State or community law and to typically tackle commenters' problems about preemption, the Department has additional § 106.6(h) which supplies that to the extent of a conflict between State or nearby legislation and Title IX as executed by §§ 106.30, 106.44, and 106.45, the obligation to comply with §§ 106.30, 106.44, and 106.45 is not obviated or alleviated by any State or regional regulation.
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